Document ID: chunk:federal_register_of_legislation:C1965A00097:body:0:p16
Version: federal_register_of_legislation:C1965A00097
Segment Type: other
Provision Reference: 
Character Range: 37253–39891

is satisfied that the service of the contributor was compulsorily terminated by reason of his having been guilty of misconduct or by reason of his having been convicted of an offence against a law of the Commonwealth or of a State or Territory of the Commonwealth.

"(3.) For the purposes of the last preceding sub-section, the service of a contributor who was employed in a temporary capacity under section eighty-two of the Public Service Act 1922-1964 shall be deemed to have been compulsorily terminated by reason of his having been guilty of misconduct if his services were dispensed with under that Act on the ground that he has been guilty of conduct that, if he were an officer of the Public Service of the Commonwealth, would have constituted an offence specified in sub-section (1.) of section fifty-five of that Act.

Voluntary termination of service.
"41a.—(1.) Voluntary termination (however expressed) of service by a contributor who, being entitled to retire on pension, elects not to do so shall, for the purposes of this Act, be deemed to be resignation.
"(2.) Voluntary termination (however expressed) of service by a contributor who is not entitled to retire on pension shall, for the purposes of this Act—
       (a) in the case of a contributor who has not attained the age of sixty years or, having attained that age, elects to treat the termination as resignation—be deemed to be resignation; and

       (b) in any other case—be deemed to be retirement and, if the contributor has not attained the age of sixty-five years, be deemed to be the retirement of a contributor the age for whose retirement is fixed by law at an earlier age than sixty-five years.

Holders of statutory offices.
"41b. The cessation of the employment of a contributor by the Commonwealth, being a contributor who is the holder of a statutory office under the Commonwealth, by reason of the expiration of the term of his appointment to that office shall, for the purposes of this Act—
       (a) in the case of a contributor who has not attained the age of sixty years and does not desire to be re-appointed to that office—be deemed to be discharge;
       (b) in the case of any other contributor who has not attained the age of sixty years—
             (i) if he has been an employee for not less than ten years—be deemed to be retrenchment; or
             (ii) if he has been an employee for less than ten years—be deemed to be discharge; and
       (c) in the case of a contributor who has attained the age of sixty years—be deemed to be retirement and, if the contributor has not attained the age of sixty-five years, be deemed to be