Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p30
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 76583–79303

vacancy in an office of Secretary of a Department, consult with the Minister administering that Department in relation to that matter.
"(5) The appointment of a person to an office of Secretary is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with his appointment.

Fixed-term appointments
"37. (1) Where a person who is not an officer is appointed to an office of Secretary, the instrument of appointment may provide that the person is appointed to the Service to hold office as Secretary for such period (not exceeding 5 years and not extending beyond the day on which the person will attain the age of 65 years) as is specified in the instrument of appointment and, where the instrument of appointment so provides, the appointment is a fixed-term appointment for the purposes of this section.
"(2) Where a person who holds an office of Secretary under a fixed-term appointment (in this sub-section referred to as the 'first appointment') is appointed (otherwise than under sub-section (8)) to another office of Secretary, the instrument of appointment to that other office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to that other office and, where the instrument of appointment so provides—
     (a) the appointment to that other office is a fixed-term appointment for the purposes of this section;
     (b) the first appointment terminates upon the making of the appointment to that other office;

     (c) sub-section (6) ceases to apply to the person in relation to the first appointment; and
     (d) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the first appointment.
"(3) Where a person who—
     (a) held an office of Secretary under a fixed-term appointment (in this sub-section referred to as the 'first appointment'); and
     (b) has become an unattached Secretary under sub-section (5),
is appointed to an office (in this sub-section referred to as the 'second office') of Secretary, the instrument of appointment to the second office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to the second