Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p27
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 66567–69335

Minister has approved the making of the appointment on that basis.

"(9) The inclusion of a provision in a document in contravention of subsection (7) is ineffective for the purposes of paragraph (5)(a), but the document is as effective in all other respects as it would be apart from this subsection.

"(10) If an appointment is made in contravention of subsection (8), the term or condition referred to in that subsection is ineffective, but all other terms and conditions of the appointment are as effective in all other respects as they would be apart from this subsection.

"(11) In the case of a person who has ceased to be an eligible employee on more than one occasion, this section cannot have effect except in relation to the last such occasion.

Special provision regarding certain fixed-term employees

  "58B.(1) Subsection (2) applies to a person who:

  (a) ceases to be an eligible employee; and

     (b) immediately before ceasing to be an eligible employee, is a fixed-term employee under employment referred to in this section as the 'latest employment'; and

     (c) immediately before becoming a fixed-term employee under the latest employment:

        (i) was a Secretary, officer or employee under the Public Service Act, otherwise than as a fixed-term employee; or

        (ii) was an employee (other than a fixed-term employee) of the authority or body that appointed him or her as a fixed-term employee under the latest employment; or

        (iii) was employed by the Commonwealth (otherwise than as a fixed-term employee) under the same law (not being the Public Service Act 1922) as that under which he or she was employed in the latest employment; or

        (iv) was a fixed-term employee (other than a person referred to in paragraph 57B(d) or (e)) who would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed-term employee had he or she not been appointed or employed as a fixed-term employee under the latest employment; or

      (v) was:

             (A) a fixed-term employee of the authority or body that appointed or employed him or her under the latest employment; or

             (B) a fixed-term employee of the Commonwealth under the same law (not being the Public Service Act 1922) as that under which he or she was employed in the latest employment;

        who would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which