Document ID: chunk:federal_register_of_legislation:C2022C00264:section:58a:p3
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 58A (pt 3/3)
Character Range: 175975–177517

Act; or
 (ii) it was a term or condition of the appointment that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act;
  the person is not to be deemed, for the purposes of this Act, to have retired involuntarily;
 (b) in any other case, the person is to be deemed, for the purposes of this Act, to have retired involuntarily.
 (7) The document by means of which a person is appointed to a statutory office must not include provision of the kind mentioned in paragraph (5)(a) except with the approval of the Minister.
 (8) An appointment of a person must not be made on the basis that it is a term or condition of the appointment that subsection (3) is not to apply to the person in relation to the office unless the Minister has approved the making of the appointment on that basis.
 (9) The inclusion of a provision in a document in contravention of subsection (7) is ineffective for the purposes of paragraph (5)(a), but the document is as effective in all other respects as it would be apart from this subsection.
 (10) If an appointment is made in contravention of subsection (8), the term or condition referred to in that subsection is ineffective, but all other terms and conditions of the appointment are as effective in all other respects as they would be apart from this subsection.
 (11) In the case of a person who has ceased to be an eligible employee on more than one occasion, this section cannot have effect except in relation to the last such occasion.