Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p23
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 57155–59619

is employed for a fixed term under section 82AD or 82AE of the Public Service Act; or

     (d) a person who holds an appointment, or is employed, otherwise than under the Public Service Act, by the Commonwealth for a fixed term; or

     (e) a person who holds an appointment, or is employed, by an approved authority for a fixed term.

"(2) For the purposes only of this Division, if, after ceasing to hold an office of Secretary under the Public Service Act, a person continues as an officer by virtue of a direction under subsection 37(6) of that Act, the following provisions have effect:

     (a) if the person ceased to hold the office of Secretary because the office was abolished, the office is to be taken to have been abolished at the same time as the person ceases to be an officer by virtue of the direction, and the person is to be taken to have ceased to be an eligible employee because of the abolition of the office;

     (b) if the person ceased to hold the office of Secretary because the term of his or her appointment to the office expired, that term is to be taken to have expired at the same time as the person ceases to be an officer by virtue of the direction, and the person is to be taken to have ceased to be an eligible employee because of the expiration of the term of the appointment;

     (c) if the person ceased to hold the office of Secretary because his or her appointment to the office was terminated before the expiration of the term of the appointment, the appointment is to be taken to have been terminated at the same time as the person ceases to be an officer by virtue of the direction, and the person is to be taken to have ceased to be an eligible employee because of the termination of the appointment.

"(3) For the purposes only of this Division, if, after ceasing to hold a Commonwealth office within the meaning of Part IV of the Public Service Act, a person continues as an officer by virtue of a direction under subsection 87ZCA(1) of that Act, the following provisions have effect:

    (a) if the person ceased to hold the Commonwealth office because the office was abolished, the office is to be taken to have been abolished at the same time as the person ceases to be an officer by virtue of the direction, and the person is to be taken to have ceased to be an eligible employee because of the abolition of the office;

    (b) if the person ceased to hold the Commonwealth office because the term of his