Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p14
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 32482–35212

"(3) In spite of anything contained in this section, if the Director or Associate Director:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(4) In spite of anything contained in this section, if the Director or Associate Director:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

SCHEDULE—continued

he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Family Law Act 1975

Subsection 38K(3):

Omit the subsection, substitute:

"(3) The Governor-General may, with the consent of the Chief Executive Officer who is:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

retire the Chief Executive Officer from office on the ground of incapacity.

"(4) In spite of anything contained in this section, if the Chief Executive Officer:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(5) In spite of anything contained in this section, if the Chief Executive Officer:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Federal Court of Australia Act 1976

Subsection 18K(3):

Omit the subsection, substitute:

"(3) The Governor-General may, with the consent of a Registrar who is:

SCHEDULE—continued

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under