Document ID: chunk:federal_register_of_legislation:C2022C00264:section:58b:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 58B (pt 2/3)
Character Range: 179944–182500

be deemed, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of his or her appointment or employment as a fixed‑term employee if:
 (a) the person was eligible to be re‑appointed or re‑employed as a fixed‑term employee; and
 (b) he or she desired to be so re‑appointed or re‑employed; and
 (c) he or she was not so re‑appointed or re‑employed.
 (3) If:
 (a) a person who is a fixed‑term employee ceases to be an eligible employee on the expiration of the fixed term of his or her appointment or employment as a fixed‑term employee; and
 (b) the person is not a person to whom subsection (2) applies; and
 (c) the person is eligible to be re‑appointed or re‑employed as a fixed‑term employee; and
 (d) although the person desires to be so re‑appointed or re‑employed, he or she is not so re‑appointed or re‑employed;
the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.
 (4) If:
 (a) it is provided in a document by means of which a person is appointed or employed as a fixed‑term employee, or it is a term or condition of the appointment or employment, that subsection (2) is not to apply to the person in relation to the appointment or employment; and
 (b) the fixed term of the appointment or employment expires; and
 (c) the person is eligible to be re‑appointed or re‑employed as a fixed‑term employee; and
 (d) although the person desires to be so re‑appointed or re‑employed, he or she is not so re‑appointed or re‑employed; and
 (e) but for this subsection, the person would have been deemed to have retired involuntarily;
the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.
 (5) If:
 (a) it is provided in a document by means of which a person is appointed or employed as a fixed‑term employee, or it is a term or condition of the appointment or employment, that subsection (3) is not to apply to the person in relation to the appointment or employment; and
 (b) the fixed term of the appointment or employment expires; and
 (c) the person is eligible to be re‑appointed or re‑employed as a fixed‑term employee; and
 (d) although the person desires to be so re‑appointed or re‑employed, he or she is not so re‑appointed or re‑employed; and
 (e) but for this subsection, the person would not have been deemed to have retired involuntarily;
the person is to be deemed, for the purposes of this Act, to have retired involuntarily.
 (6) If a person who is a fixed‑term employee ceases to be an eligible employee because his or