Page:National Anti-Corruption Commission Act 2022.pdf/36

This page has been proofread, but needs to be validated.

Division 4—Staff members of Commonwealth agencies

12 Meaning of staff member—Commonwealth agencies

(1) The following are staff members of a Commonwealth agency:

(a) in the case of a parliamentary office:
(i) an individual who is employed by the parliamentarian under Part III or IV of the Members of Parliament (Staff) Act 1984; and
(ii) an individual who is engaged by the parliamentarian as a consultant under Part II of that Act;
(b) in the case of an agency other than a parliamentary office— the head of the agency;
(c) if the agency is a Commonwealth entity—an official (within the meaning of the PGPA Act) of the entity;
(d) in any case—an individual who is employed by, or engaged in assisting:
(i) the agency; or
(ii) a staff member of the agency on behalf of the agency or the Commonwealth;
(e) a director or officer of the following:
(i) a Commonwealth company;
(ii) a subsidiary of a corporate Commonwealth entity or a Commonwealth company;
(f) if the agency is responsible for administering a Commonwealth contract—an individual who is either of the following:
(i) a contracted service provider for the contract;
(ii) both an officer or employee of a contracted service provider for the contract and someone who provides goods or services for the purposes (whether direct or indirect) of the contract;
(g) in any case—a secondee to the agency.

(2) However, if a Commonwealth agency is covered by an item of the following table then the staff members of the agency are the