Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p62
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 157951–160749

before the Secretary 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 Secretary, means—
        (a) if the Secretary is included in a class of Secretaries 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 Secretary—the age of 65 years;
     'relevant authority' means—
        (a) in relation to a Secretary who holds an office of Secretary—the Governor-General; and
        (b) in relation to an unattached Secretary—the Board.

Retirement of Secretaries of Departments on grounds of inefficiency or incapacity
"76d. (1) If the Board, after investigation into the circumstances, reports to the Governor-General that a Secretary is inefficient or incompetent, or is, because of physical or mental incapacity, incapable of performing his duties, the Governor-General may retire the Secretary from the Service with effect on and from a day to be specified by the Governor-General.
"(2) In the case of a retirement of a Secretary under sub-section (1) by reason of a report that he is, because of physical or mental incapacity, incapable of performing his duties, the day on and from which he is retired may, with the consent of the Secretary, be a day that is earlier than the date on which the decision by the Governor-General to retire him was made.

Termination of appointment
"76e. (1) The Governor-General may, by instrument signed by him, terminate the appointment of a person to an office of Secretary.

"(2) The power of the Governor-General to terminate an appointment under sub-section (1) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister.
"(3) The Prime Minister shall not recommend, for the purposes of sub-section (2), that an appointment be terminated unless he has received a report in writing from the Chairman in relation to the termination.
"(4) Where the appointment of a person to an office is terminated under sub-section (1), the office becomes vacant and, unless the person continues to hold another office of Secretary, the person becomes an unattached officer.
"(5) In sub-section (1), 'office of Secretary' does not include an office to or in relation to which section 9 applies.

Redeployment of unattached Secretaries of Departments
"76f. (1) Where an unattached Secretary does not hold an office or employment outside the Service having a salary that is, in the opinion of the Board, comparable with that of the office of Secretary last held by the unattached Secretary, the Board shall—
     (a) take all reasonable steps to—
        (i) identify relevant offices that are vacant or