Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p38
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 96238–99041

section—
'pensioner' means—
        (a) a person to whom an invalidity pension within the meaning of the Superannuation Act 1976 is payable; or
        (b) a person to whom a pension under the Superannuation Act 1922 is payable, being a person who was retired on the ground of invalidity or of physical or mental incapacity to perform the person's duties;
     'relevant person' means a person other than—
        (a) an eligible employee within the meaning of the Superannuation Act 1976; or
        (b) a pensioner.
"(2) For the purposes of the Superannuation Act 1976, a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within

the meaning of section 44, and was a relevant person immediately before being given the appointment is not, by reason only of his holding that appointment, an eligible employee within the meaning of that Act.
"(3) The Board may, at the time when a relevant person is given a fixed-term appointment, within the meaning of section 44, as a Senior Executive Service officer, make a determination in writing in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.
"(4) Without limiting the generality of sub-section (3), a determination under that sub-section in relation to a relevant person may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee, within the meaning of that Act, employed under a contract for a term of not less than 1 year and, where a determination so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the determination.
"(5) Notwithstanding anything in the Superannuation Act 1976 or any other Act, the Superannuation Act 1976—
     (a) does not apply in relation to a person who is a Senior Executive Service officer by virtue of a fixed-term appointment, within the meaning of section 44, and was a relevant person immediately before being given the appointment unless the application of that Act is expressly provided for, in accordance with sub-section (4), in a determination under sub-section (3) in relation to the person; and
     (b) does not apply in relation to the person except as provided by sub-section (4).
"(6) The Board is not empowered to make a determination for the purposes of sub-section (3) except in accordance with arrangements approved by the Minister for Finance.".

Appointments to be on probation
29. (1) Section 47 of the Principal Act is amended—
     (a) by omitting paragraph (7) (c) and substituting the following paragraph:
        "(c) direct, subject to sub-sections (7a) and (7b), that he continue on probation for such further period as the Board thinks fit.";
     (b) by inserting after sub-section