Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p33
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 84019–86826

"(14) Where a person who is a Secretary by virtue of a fixed-term appointment is appointed, otherwise than by way of fixed term appointment, to an office of Secretary—
     (a) the fixed-term appointment terminates; and
     (b) the person ceases to be entitled to benefits under any determination made under sub-section (4) in relation to the fixed-term appointment.
"(15) Division 8a does not apply to or in relation to a person who is a Secretary by virtue of a fixed-term appointment.

Superannuation benefits for fixed-term Secretaries of Departments
"38. (1) In this 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 holds a fixed-term appointment, within the meaning of section 37, to an office of Secretary 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 Governor-General, in accordance with advice that is consistent with a recommendation by the Minister for Finance, may, at the time when a relevant person is given a fixed-term appointment, within the meaning of section 37, to an office of Secretary, 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 holds a fixed-term appointment, within the meaning of section 37, to an office of Secretary 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