Document ID: chunk:federal_register_of_legislation:C2004A04385:body:0:p5
Version: federal_register_of_legislation:C2004A04385
Segment Type: other
Provision Reference: 
Character Range: 9651–12444

Public Service Act 1922, as a Senior Executive Service officer on or after 1 July 1990; and

    (c) the relevant person is a person to whom paragraph 45(4A)(a) or (b) of that Act applies;

the determination has effect according to its terms for the purposes of subsection 45(4C) of that Act.

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                         SCHEDULE  Section 3

CONSEQUENTIAL AMENDMENTS OF ACTS

Administrative Appeals Tribunal Act 1975

Subsection 13(9):

Omit the subsection, substitute:

"(9) The Governor-General may, with the consent of a member who is:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

retire the member from office on the ground of incapacity.".

Section 13:

Add at the end:

"(12) In spite of anything contained in this section, a member who:

    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and

    (b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

"(13) In spite of anything contained in this section, a member who:

    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) is under 60 years of age;

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".

Subsections 16(2) and (3):

Omit the subsections, substitute:

"(2) The Judges' Pensions Act 1968 does not apply in relation to a presidential member if:

    (a) immediately before being appointed as a presidential member, he or she was:

SCHEDULE—continued

     (i) an eligible employee for the purposes of the Superannuation Act 1976; or

       (ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

    (b) he or she does not make an election under subsection (3).

"(3) A presidential member may elect to cease to be:

    (a) an eligible employee for the purposes of the Superannuation Act 1976; or

    (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990.

"(3A) The election must be made:

    (a) within 3 months of the presidential member's appointment; and

    (b) by notice in writing to the Minister.

"(3B) If a presidential member makes the election:

    (a) the Judges' Pensions Act 1968 applies in relation to him or her and is taken to have