Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p26
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 64226–66806

to the office; and

  (b) the term of the appointment expires; and

  (c) the person is eligible to be re-appointed to the office; and

     (d) although the person desires to be so re-appointed, he or she is not re-appointed; and

     (e) but for this subsection, the person would have been deemed to have retired involuntarily;

the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.

  "(5) If:

    (a) it is provided in the document by means of which a person is appointed to a statutory office, or it is a term or condition of the appointment, that subsection (3) is not to apply to the person in relation to the office; and

  (b) the term of the appointment expires; and

  (c) the person is eligible to be re-appointed to the office; and

    (d) although the person desires to be so re-appointed, he or she is not re-appointed; and

    (e) but for this subsection, the person would not have been deemed, for the purposes of this Act, to have retired involuntarily;

the person is to be deemed, for the purposes of this Act, to have retired involuntarily.

"(6) If a person who is the holder of a statutory office ceases to be an eligible employee because the person's appointment to the statutory office is terminated before the expiration of the term of the appointment, the following provisions have effect:

  (a) if:

        (i) the document by means of which the person was appointed to the office provided that, in the events that have happened, the person was not to be deemed to have retired involuntarily; 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;

    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