Document ID: chunk:federal_register_of_legislation:C2022C00264:section:58a:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 58A (pt 1/3)
Character Range: 171335–173920

58A  Special provision regarding certain holders of statutory offices
 (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 an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or
 (ii) was a fixed‑term employee (other than a person referred to in paragraph 57B(1)(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 that is liable to pay the remuneration of the holder of the relevant statutory office; or
 (iv) as a fixed‑term employee, held office under an appointment, or was employed, by the authority or body that is liable to pay the remuneration of the holder of the relevant statutory office and 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
 (v) held a statutory office and 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 term of his or her appointment to that office had he or she not been appointed to the relevant statutory office.
 (2) A person to whom this subsection applies is to be deemed, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to the relevant statutory office if:
 (a) the person was eligible to be re‑appointed to the office; and
 (b) he or she desired to be so re‑appointed; and
 (c) he or she was not so re‑appointed.
 (3) If:
 (a) a person who is the holder of a statutory office ceases to be an eligible employee on the expiration of the term of his or her appointment to the office; and
 (b) the person is not