Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p36
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 91103–93895

is included in a class of officers in respect of whom the minimum retiring age is fixed by the regulations—the age so fixed; or
         (b) in the case of any other officer—the age of 55 years;
     'officer' includes—
         (a) an officer whose appointment to the Service on probation has not been confirmed; and
         (b) a short-term employee, a fixed-term employee or an overseas employee.

Retirement on ground of age
"76v. (1) Subject to sub-section (2), an officer shall, by force of this sub-section, be retired from the Service upon attaining the maximum retiring age.

"(2) Where the relevant Secretary is of the opinion that it is desirable, in the interests of the Commonwealth, that an officer who has not attained the maximum retiring age should continue, after attaining that age, in employment, and the officer is able and willing so to continue, the relevant Secretary may determine, in writing, that sub-section (1) does not apply to the officer.
"(3) The relevant Secretary may, at the time of making, or at any time after making, a determination under sub-section (2) in respect of an officer, determine that the officer shall retire from the Service upon attaining a specified age or upon the expiration of a specified period and, where such a determination is made, the relevant Secretary may, at any time before the officer attains that age or before the expiration of the period so determined, vary the determination.
"(4) In this section—
     'maximum retiring age', in relation to an officer, means—
         (a) if the officer is included in a class of officers in respect of whom a maximum retiring age, being an age less than 65 years, is fixed by the regulations—the age so fixed; or
         (b) in the case of any other officer—the age of 65 years;
     'officer' includes—
         (a) an officer whose appointment to the Service on probation has not been confirmed; and
         (b) a short-term employee, a fixed-term employee or an overseas employee.

Powers of Secretary and Board
"76w. (1) Where the relevant Secretary is satisfied of a relevant matter in relation to an officer, the relevant Secretary may, having considered whether it would be in the interests of the efficient administration of the Secretary's Department to transfer the officer under section 50, subject to sub-section (2), by notice in writing given to the officer, reduce the officer's classification or retire the officer from the Service.
"(2) Where—
     (a) a Secretary—
         (i) has been unable to find alternative suitable employment for an excess officer in the Secretary's Department; and
         (ii) proposes to exercise the power under sub-section (1) in relation to the officer; and
     (b) the officer has not consented to the exercise of that power,
the