Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p37
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 93833–96485

Service officer, the Board may determine, in writing, that the person is appointed to the Service to hold office as a Senior Executive Service officer for such period (not exceeding 5 years and not extending beyond the date on which the person will attain the age of 65 years) as is specified in the determination and, where such a determination is made in relation to an appointment, the appointment is a fixed-term appointment for the purpose of this section.

"(2) The Board may, at the time when a person is given a fixed-term appointment as a Senior Executive Service officer, determine, in writing, that, subject to the conditions (if any) specified in the determination, if the person is retired from the Service under sub-section (3) before the expiration of the period for which the appointment is made, the person shall be entitled to such compensation as is specified in, or ascertained in accordance with, the determination.
"(3) Where a person is a Senior Executive Service officer by virtue of a fixed-term appointment, the appointment of the person to the Service terminates and the person is deemed to be retired from the Service if—
     (a) the period for which the appointment was made expires; or
     (b) the Board, before the expiration of the period for which the appointment was made, directs, in writing, that the appointment of the person to the Service is terminated on a day specified in the instrument of direction, being a day not earlier than the day on which the direction is given.
"(4) The Board shall not direct under sub-section (3) that the appointment of a person to the Service be terminated by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person under Division 6, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found, without recording a conviction, that the person has committed such an offence.
"(5) A person who is retired from the Service under sub-section (3) is eligible for re-appointment to the Service (whether by way of fixed-term appointment or otherwise).
"(6) Division 8b does not apply to or in relation to a person who is a Senior Executive Service officer by virtue of a fixed-term appointment.

Superannuation benefits for fixed-term Senior Executive Service officers
"45. (1) In this section—
'pensioner' means—
        (a) a person to whom an invalidity pension within the meaning of the Superannuation Act 1976 is payable; or
        (b) a person to whom a pension under the Superannuation Act 1922 is payable, being a person who