Commonwealth Numbered Acts

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 59

59. (1) Subject to sub-section (2), where the Managing Director issues a
certificate under section 53 in respect of an employee, the Managing Director
shall retire the employee, or cause the employee to be retired, from his
employment by the Corporation on a date to be specified by the Managing
Director.

(2) Action shall not be taken under sub-section (1) to retire an employee, or
cause an employee to be retired, from his employment by the Corporation
unless-

   (a)  the employee has waived his right to appeal against the issue of the
        certificate issued under this Division in respect of the employee or
        the time within which the employee may appeal against the issue of the
        certificate has expired and no such appeal has been instituted; or

   (b)  if such an appeal has been instituted-

        (i)    the appeal has been heard and determined and the certificate
               has been confirmed; or

        (ii)   the appeal has been withdrawn.

(3) Where an employee is retired under this section on the ground of
invalidity, the date as from which he is retired may, with the consent of the
employee, be a date earlier than the date on which the action to retire him
was taken.

(4) The duties imposed on the Managing Director under sub-section (1) shall be
deemed to be powers to which section 24 applies.