Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p64
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 163105–166004

a copy of the declaration shall be published in the Gazette".

Retirement upon or after attaining minimum retiring age
82. Section 76b of the Principal Act is amended by omitting from sub-section (1) "A Secretary" and substituting "Subject to sub-section 76f (1b), a Secretary".

Redeployment of unattached Secretaries of Departments
83. Section 76f of the Principal Act is amended by inserting after sub-section (1) the following sub-sections:
"(1a) Where the Board is satisfied that it is likely that an unattached Secretary referred to in sub-section (1) will not be appointed, within a reasonable time, to a relevant office, the Board may—
        (a) give notice in writing to the unattached Secretary that it intends to redeploy him into the Senior Executive Service as soon as practicable after the expiration of the period of 28 days commencing on the day on which the notice is given to the unattached Secretary; and
        (b) after the expiration of that period—
          (i) transfer the unattached Secretary to an office having a classification that is the highest Senior Executive Service classification; or
          (ii) direct that the unattached Secretary's classification as an unattached officer be reduced to the classification that is the highest Senior Executive Service classification.
"(1b) If an unattached Secretary who is given notice under sub-section (1a) elects, by notice in writing given to the Board within the period referred to in paragraph (1a) (a), to retire from the Service, the unattached Secretary shall not be redeployed into the Senior Executive Service but shall be deemed for all purposes to have been compulsorily retired from the Service at the expiration of the period referred to in paragraph (1a) (a) or on such earlier

day (not being earlier than the day next following the day of the election) as is specified in the notice of election.".
84. After Division 8a of Part III of the Principal Act the following Division is inserted:

"Division 8b—Retirement and redeployment of Senior Executive Service officers

Interpretation
"76h. In this Division, unless the contrary intention appears—
     'Appeal Tribunal' means a Commonwealth Employees Redeployment and Retirement Appeals Tribunal constituted under section 16 of the Commonwealth Employees (Redeployment and Retirement) Act 1979;
     'declared officer' means an officer in relation to whom a declaration under sub-section 76k (1) is in force.

Retirement of Senior Executive Service officers upon or after attaining minimum retiring age
"761. (1) A Senior Executive Service officer who has attained his minimum retiring age is entitled to retire from the Service at any time at which he desires to do so.
"(2) In sub-section (1), 'minimum retiring age', in relation to a Senior Executive Service officer, means—
     (a) if the Senior Executive Service officer is included in a class of