Document ID: chunk:federal_register_of_legislation:C2024C00825:section:52:p2
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 52 (pt 2/4)
Character Range: 176375–178823

be deemed not to have ceased, by reason of the termination of his employment, to be a contributor or to be, or to be deemed to be, an employee but shall be deemed to have been retired at the relevant time on that ground.
 (5) Where:
 (a) a person to whom this section applies and who was a candidate at the election but failed to be elected does not apply, within two months after the day of the declaration of the result of the election, to become employed by the Commonwealth or by an approved authority in employment the terms of which would require him to give the whole of his time to the duties of his employment; and
 (b) the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) is satisfied that, if he had not terminated his employment, he would, at a time (in this subsection referred to as the relevant time) within that period, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties;
he shall be deemed not to have ceased, by reason of the termination of his employment, to be a contributor or to be, or to be deemed to be, an employee but shall be deemed to have been retired at the relevant time on that ground.
 (6) Where a person to whom this section applies and who was a candidate at the election but failed to be elected applies, within two months after the day of the declaration of the result of the election, to become employed by the Commonwealth or by an approved authority in employment the terms of which would require him to give the whole of his time to the duties of his employment and the Board (or, on and after 1 July 1976, the Commissioner for Superannuation) is satisfied that:
 (a) in the case of a person whose application is rejected—if he had not terminated his employment, he would, at a time (in this subsection referred to as the relevant time) within the period that commenced on the day after the day of the declaration of the result of the election and ended on the day of the rejection, have been retired on the ground of invalidity or physical or mental incapacity to perform his duties;
 (b) in the case of a person whose application has been granted but who has not become employed by the Commonwealth or by that authority—if he had not terminated his employment, he would, at a time (in this subsection also referred to as the relevant time) within the period that commenced on the day after the day of the declaration of the result