Document ID: chunk:federal_register_of_legislation:F2024L00801:reg:25:p2
Version: federal_register_of_legislation:F2024L00801
Segment Type: reg
Provision Reference: reg 25 (pt 2/2)
Character Range: 29425–31109

likely to constitute an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment.

Offers of suitable alternative employment
 (2) In determining whether, for the purposes of paragraph (1A)(c), there has been an offer of suitable alternative employment, take account of any offer of employment with any of the following:
 (a) the Commonwealth;
 (b) the administration of a Territory;
 (c) a public statutory corporation referred to in paragraph 3(4)(d) of the Act;
 (d) an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation;
 (e) an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth or by a public statutory corporation.
 (3) If:
 (a) a Secretary who has been terminated (the former Secretary) is appointed to suitable alternative employment in an office within the jurisdiction of the Tribunal; and
 (b) the total remuneration that applies to that position is less than the total remuneration for the lowest pay point in the classification level of the office from which the former Secretary has been terminated;
then the Tribunal may determine that, for up to 12 months from the appointment:
 (c) the former Secretary is entitled to total remuneration at that pay point; and
 (d) the former Secretary's superannuation salary for the purposes of a Commonwealth defined benefits scheme is 70% of that total remuneration (rounded up to the nearest $10).
Note: The Tribunal will make an individual determination in each case.