Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p30
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 73947–76621

physical or mental incapacity;

for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was suspended from office.

"(4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the Commissioner.

Retirement on ground of invalidity under Superannuation Acts

"45B.(1) In spite of anything contained in sections 45 and 51, a Commissioner who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(2) In spite of anything contained in sections 45 and 51, a Commissioner who:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

SCHEDULE—continued

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Seamen's War Pensions and Allowances Act 1940

Subsection 4C(7):

Omit the subsection, substitute:

"(7) The Governor-General may, with the consent of a member of a Pensions Committee who is:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

retire the member from office on the ground of physical or mental incapacity.".

Section 4C:

Add at the end:

"(9) In spite of anything contained in this section, a member of a Pensions Committee who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(10) In spite of anything contained in this section, a member of a Pensions Committee who:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

is not capable of being retired from office on the ground of invalidity within the meaning