Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p25
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 61900–64456

or employment by virtue of which the person was a fixed-term employee had he or she not been appointed to the relevant statutory office; or

        (iii) was an employee (other than as a fixed-term employee) of the authority or body that is liable to pay the remuneration of the holder of the relevant statutory office; or

        (iv) as a fixed-term employee, held office under an appointment, or was employed, by the authority or body that is liable to pay the remuneration of the holder of the relevant statutory office and would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed-term employee had he or she not been appointed to the relevant statutory office; or

        (v) held a statutory office and would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to that office had he or she not been appointed to the relevant statutory office.

"(2) A person to whom this subsection applies is to be deemed, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to the relevant statutory office if:

  (a) the person was eligible to be re-appointed to the office; and

  (b) he or she desired to be so re-appointed; and

  (c) he or she was not so 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