Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p65
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 165773–168435

Service at any time at which he desires to do so.
"(2) In sub-section (1), 'minimum retiring age', in relation to a Senior Executive Service officer, means—
     (a) if the Senior Executive Service officer is included in a class of Senior Executive Service officers in respect of whom a minimum retiring age is fixed by the regulations—the age so fixed; or
     (b) in the case of any other Senior Executive Service officer—the age of 55 years.

Retirement on ground of age
"76j. (1) Subject to sub-section (2), a Senior Executive Service officer shall, by force of this sub-section, be retired from the Service upon attaining his maximum retiring age.
"(2) Where the Board is of the opinion that it is desirable, in the interests of the Commonwealth, that a Senior Executive Service officer who has not attained his maximum retiring age should continue, after he has attained that age, in his employment, and the officer is able and willing so to continue, the Board may determine, in writing, that sub-section (1) does not apply to the officer.
"(3) The Board may, at the time when it makes, or at any time after it has made, a determination under sub-section (2) in respect of an officer, determine that the officer shall retire from the Service upon attaining a specified age or upon the expiration of a specified period, and, where such a determination is made, the Board may, at any time before the officer attains that age or before the expiration of the period so determined, vary such a determination.

"(4) In this section 'maximum retiring age', in relation to a Senior Executive Service officer, means—
     (a) if the officer is included in a class of Senior Executive Service officers in respect of whom a maximum retiring age, being an age less than 65 years, is fixed by the regulations—the age so fixed; or
     (b) in the case of any other Senior Executive Service officer—the age of 65 years.

Declaration on grounds of invalidity
"76k. (1) Where the Board, in accordance with procedures set out in a notice in force under sub-section (4), is satisfied that the services of a Senior Executive Service officer of a particular classification in a Department cannot reasonably be used in that Department in the performance of the duties appropriate to that classification by reason that the officer is, in consequence of physical or mental incapacity, incapable of performing duties of that kind, the Board may declare, in writing, that the officer is eligible for redeployment for that reason.
"(2) Where the Board makes a declaration under sub-section (1) in relation to an officer in a Department, the Board shall give notice in writing of the