Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p24
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 59404–62133

of the direction, and the person is to be taken to have ceased to be an eligible employee because of the abolition of the office;

    (b) if the person ceased to hold the Commonwealth office because the term of his or her appointment to the office expired, that term is to be taken to have expired at the same time as the person ceases to be

     an officer by virtue of the direction, and the person is to be taken to have ceased to be an eligible employee because of the expiration of the term of the appointment;

    (c) if the person ceased to hold the Commonwealth office because his or her appointment was terminated before the expiration of the term of the appointment, the appointment is to be taken to have been terminated at the same time as the person ceases to be an officer by virtue of the direction, and the person is to be taken to have ceased to be an eligible employee because of the termination of the appointment.".

Early retirement—voluntary or involuntary retirement

  59. Section 58 of the Principal Act is amended:

    (a) by omitting from subsection (1) all words after "early retirement" and substituting the following word and paragraphs:

     "if:

        (a) the person is deemed by subsection (2) to have retired voluntarily; or

        (b) the person is deemed by subsection (3) to have retired involuntarily; or

        (c) the person is deemed by section 58A or 58B to have retired involuntarily.";

  (b) by omitting paragraph (3)(c);

    (c) by inserting after "(2) and (3)" in subsection (4) "and sections 58A and 58B".

60. After section 58 of the Principal Act the following sections are inserted:

Special provision regarding certain holders of statutory offices

  "58A.(1) Subsection (2) applies to a person who:

  (a) ceases to be an eligible employee; and

    (b) immediately before ceasing to be an eligible employee, is the holder of a statutory office (in this section called the 'relevant statutory office'); and

    (c) immediately before becoming the holder of the relevant statutory office:

        (i) was a Secretary, officer or employee under the Public Service Act, otherwise than as a fixed-term employee; or

        (ii) was a fixed-term employee (other than a person referred to in paragraph 57B(d) or (e)) who would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed-term employee had he or she not been appointed to the relevant statutory office; or

        (iii) was an employee (other than as a fixed-term employee) of the authority or body