Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p31
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 79086–81764

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 office and, where the instrument of appointment so provides—
     (c) the appointment to the second office is a fixed-term appointment for the purposes of this section;
     (d) sub-section (6) ceases to apply to the person in relation to the first appointment; and
     (e) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the first appointment.
"(4) The Governor-General, in accordance with advice that is consistent with a recommendation by the Board, may, at the time when a person is given a fixed-term appointment to an office of Secretary, determine in writing that, subject to the conditions (if any) specified in the determination, if the person is retired from the Service under sub-section (6) before the expiration of the period for which the appointment is made, the person shall be entitled to such compensation as is specified in, or ascertained in accordance with, the determination.
"(5) Where a person holds an office of Secretary under a fixed-term appointment, the appointment of the person to that office terminates and the person becomes an unattached Secretary if—
     (a) the office is abolished; or
     (b) the Governor-General directs, in writing, that the appointment of the person to that office is terminated,
and, immediately after the event referred to in paragraph (a) or (b) occurs, the person does not hold another office of Secretary.
"(6) Subject to paragraphs (2) (c) and (3) (d), where a person is a Secretary by virtue of a fixed-term appointment, the appointment of the person to the Service terminates and the person is deemed to be retired from the Service if—
     (a) the period for which the appointment was made expires; or

     (b) the Governor-General, before the expiration of the period for which the appointment was made, directs, in writing, that the appointment of the person to the Service is terminated on a day specified in the instrument of direction, being a day not earlier than the day on which the direction is given.
"(7) The Governor-General shall not direct under sub-section (6) that the appointment of a person to the Service be terminated by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person under Division 6, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found,