Document ID: chunk:federal_register_of_legislation:C2022C00264:section:58a:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 58A (pt 2/3)
Character Range: 173712–176186

re‑appointed.
 (3) If:
 (a) a person who is the holder of a statutory office ceases to be an eligible employee on the expiration of the term of his or her appointment to the office; and
 (b) the person is not a person to whom subsection (2) applies; and
 (c) the person is eligible to be re‑appointed to the office; and
 (d) although the person desires to be so re‑appointed, he or she is not re‑appointed;
the person is not to be deemed, for the purposes of this Act, to have retired involuntarily.
 (4) If:
 (a) it is provided in the document by means of which a person is appointed to a statutory office, or it is a term or condition of the appointment, that subsection (2) is not to apply to the person in relation to the office; and
 (b) the term of the appointment expires; and
 (c) the person is eligible to be re‑appointed to the office; and
 (d) although the person desires to be so re‑appointed, he or she is not re‑appointed; 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 the document by means of which a person is appointed to a statutory office, or it is a term or condition of the appointment, that subsection (3) is not to apply to the person in relation to the office; and
 (b) the term of the appointment expires; and
 (c) the person is eligible to be re‑appointed to the office; and
 (d) although the person desires to be so re‑appointed, he or she is not re‑appointed; and
 (e) but for this subsection, the person would not have been deemed, for the purposes of this Act, 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 the holder of a statutory office ceases to be an eligible employee because the person's appointment to the statutory office is terminated before the expiration of the term of the appointment, the following provisions have effect:
 (a) if:
 (i) the document by means of which the person was appointed to the office provided that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act; or
 (ii) it was a term or condition of the appointment that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act;
  the person is not