Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p35
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 88627–91338

her duties if and only if, in relation to those duties—
     (a) the officer ceases to hold, or becomes unable or ineligible to hold or to use and enjoy, an essential qualification; or
     (b) a court, person, authority or body that is competent to do so suspends, cancels, revokes, rescinds or otherwise withdraws an essential qualification held by the officer.
"(6) A reference in sub-section (5) to an essential qualification, in relation to an officer, is a reference to any statutory, professional, academic, commercial, technical, trade, health or other qualification the holding of which is a prerequisite to the practice of a profession, trade or occupation, the exercise of a right or the performance of a function or duty, being a profession, trade, occupation, right, function or duty that it is necessary for that officer to practise, exercise or perform in the course of his or her employment.

Power to reduce officer's classification
"76t. (1) The power conferred by this Division on a Secretary to reduce an officer's classification is a power—
     (a) in the case of a person who holds an office, or is included, in the Secretary's Department—to assign the person to an office of a lower classification in the Department; or
     (b) in the case of a continuing employee employed in a particular capacity in the Secretary's Department—to employ the employee in a lower capacity in the Department.
"(2) The power conferred by this Division on the Board to reduce an officer's classification is a power—
     (a) in the case of a person who holds an office, or is included, in a Department—
         (i) to assign the person to an office of a lower classification in that or another Department; or
         (ii) to declare the person to be an unattached officer of a lower classification or, being an unattached officer, to have a lower classification and, in either case, to direct that the person is included in that or another Department; or
     (b) in the case of a continuing employee employed in a particular capacity in a Department—to direct that the employee be employed in a lower capacity in that or another Department.

Retirement upon or after attaining minimum retiring age
"76u. (1) An officer who has attained the minimum retiring age is entitled to retire from the Service at any time at which the officer desires to do so.
"(2) In sub-section (1)—
     'minimum retiring age', in relation to an officer, means—
         (a) if the officer 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