Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p20
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 48890–51551

is appointed to an office of Permanent Head—
     (a) the instrument of appointment shall state that the Prime Minister has informed the Governor-General that the person was, or was not, as the case may be, an established candidate; and
     (b) as soon as practicable after the appointment is made—
         (i) a copy of the instrument of appointment shall be published in the Gazette; and
         (ii) a copy of the instrument of appointment shall be furnished to the person appointed.
"(4) In any proceeding, a statement in the instrument of appointment of a person to fill a vacancy in an office of Permanent Head that the Prime Minister has informed the Governor-General that the person was, or was not, an established candidate is prima facie evidence that the person was, or was not, as the case may be, an established candidate in relation to that vacancy.
"(5) The following provisions of this section apply only where a person to be appointed to fill a vacancy in an office of Permanent Head after the commencement of this section is not an established candidate in relation to that vacancy.
"(6) The person shall be appointed to hold office for such period, not exceeding 5 years and not extending beyond the date on which he will attain the age of 65 years, as is specified in the instrument of his appointment but, subject to this section, he is eligible for re-appointment.
"(7) The Governor-General may, before the expiration of the period for which the person is appointed to hold office, terminate the appointment of the person on the recommendation of the Prime Minister if the Prime Minister who makes the recommendation is not a member of—
     (a) the political party of which the Prime Minister on whose recommendation the person was appointed was a member at the time when the person was appointed; or
     (b) a political party of which any other person who held office as a Minister at that time was then a member.

"(8) Except in the case of a person who is a permanent officer of the Service immediately before his appointment takes effect, the Governor-General may, at the time when the appointment is made, on the recommendation of the Prime Minister, by instrument under his hand determine that, if the appointment—
     (a) is terminated under sub-section (7) before the expiration of the period for which the person is appointed; or
     (b) terminates by reason of the abolition of the office held by the person, the person shall be entitled to such compensation (if any) as is specified in, or ascertained in accordance with, that instrument.
"(9) As soon as practicable after a determination is made under sub-section (8), a