Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p61
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 155483–158196

an officer during 2 or more periods in the year last preceding 1 January in a particular year have been different, the ordinary hours of duty of the officer shall, in the circumstances prescribed in the regulations, be deemed for the purposes of sub-sections (4), (4a) and (8a), to have been, during the whole of the year last preceding that date, the ordinary hours of duty that were applicable to the officer during such one of those periods is as prescribed by or ascertained in accordance with the regulations.".
81. After Division 8 of Part III of the Principal Act the following Division is inserted:

"Division 8a—Retirement and Redeployment of Secretaries of Departments

Interpretation
     "76a. In this Division, unless the contrary intention appears—
     'office of Secretary' means an office referred to in paragraph (a) of the definition of 'office of Secretary' in sub-section 7 (1);
     'Secretary' means a person holding an office of Secretary and includes an unattached Secretary.

Retirement upon or after attaining minimum retiring age
"76b. (1) A Secretary who has attained his minimum retiring age is entitled to retire from the Service at any time at which he desires to do so.
"(2) In sub-section (1), 'minimum retiring age', in relation to a Secretary, means—
     (a) if the Secretary is included in a class of Secretaries in respect of whom a minimum retiring age is fixed by the regulations—the age so fixed; or
     (b) in the case of any other Secretary—the age of 55 years.

Retirement on ground of age
"76c. (1) Subject to sub-section (2), a Secretary shall, by force of this sub-section, be retired from the Service upon attaining his maximum retiring age.
"(2) Where the relevant authority is of the opinion that it is desirable, in the interests of the Commonwealth, that a Secretary who has not attained his maximum retiring age should continue, after he has attained that age, in his employment, and the Secretary is able and willing so to continue, the relevant authority may determine, in writing, that sub-section (1) does not apply to the Secretary.
"(3) A relevant authority may, at the time when it makes, or at any time after it has made, a determination under sub-section (2) in respect of a Secretary, determine that the Secretary shall retire from the Service upon attaining a specified age or upon the expiration of a specified period, and, where such a determination is made, the relevant authority may, at any time 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