Document ID: chunk:federal_register_of_legislation:C2023C00339:section:4:p4
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 4 (pt 4/4)
Character Range: 10541–12513

or the appointment is an appointment, as the case may be, to which paragraph (d) of the definition of approving authority in subsection (1) applies.
 (10) For the purposes of this Act, the minimum retiring age of an employee is:
 (a) in the case of an employee who is an APS employee—the minimum that applies to the employee under section 30 of the Public Service Act 1999; or
 (b) in the case of an employee who is employed by a public authority of the Commonwealth otherwise than in a permanent capacity:
 (i) if the public authority has, for the purposes of this Act, fixed an age, less than 60 years, as the minimum retiring age in respect of a class of employees in which an employee is included—the age so fixed; or
 (ii) if subparagraph (i) does not apply in relation to the employee—the age of 60 years; or
 (c) in the case of any other employee:
 (i) if, under the terms and conditions of his or her employment, an age that is less than 60 years of age is fixed as the age upon the attainment of which he or she is required to retire from his or her employment and no other age is fixed as the age upon the attainment of which he or she may retire from his or her employment—the age fixed as the age upon the attainment of which he or she is required to retire from his or her employment;
 (ii) if, under the terms and conditions of his or her employment, an age that is less than 60 years of age is fixed as the age upon the attainment of which he or she may retire from his or her employment and the age so fixed is less than the age fixed as the age upon the attainment of which he or she is required to retire from his or her employment or no age is fixed as the age upon the attainment of which he or she is required to retire from his or her employment—the age fixed as the age upon the attainment of which he or she may retire from his or her employment; or
 (iii) if subparagraph (i) or (ii) does not apply in relation to the employee—the age of 60 years.