Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SCHEDULE

SCHEDULE
Section 26

AMENDMENTS OF ACTS
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Act                           Extent of Amendment

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-- Long Service Leave (Commonwealth Employees) Act 1976 Section 4-
Omit sub-section (9), insert the following
sub-sections:
''(9) For the purposes of this Act, the minimum
retiring age of an employee to whom the
Commonwealth Employees (Redeployment and
Retirement) Act 1979 applies is the age that is,
for the purposes of section 17 of that Act, his
minimum retiring age.
''(10) For the purposes of this Act, the minimum
retiring age of an employee to whom the
Commonwealth Employees (Redeployment and
Retirement) Act 1979 does not apply is-

   (a)  in the case of an employee who is employed
under the Public Service Act 1922 otherwise than
as an officer-

        (i)    if the Public Service Board has, for the
purposes of this Act, fixed an age, less than 60
years, as the minimum retiring age in respect of a
class of employees in which the employee is
included-the age so fixed; or

        (ii)   if sub-paragraph (i) does not apply in
relation to the employee-the age of 60 years;

   (b)  in the case of an employee who is employed
by a public authority of the Commonwealth
otherwise than in a permanent capacity-

        (i)    if the public authority has, for the
purposes of this Act, fixed an age, less than 60
years, as the minimum retiring age in respect of a
class of employees in which an employee is
included-the age so fixed; or

        (ii)   if sub-paragraph (i) does not apply in
relation to the employee-the age of 60 years; or

   (c)  in the case of any other employee-

        (i)    if, under the terms and conditions of
his employment, an age that is less than 60 years
of age is fixed as the age upon the attainment of
which he is required to retire from his employment
and no other age is fixed as the age upon the
attainment of which he may retire from his
employment-the age fixed as the age upon the
attainment of which he is required to retire from
his employment;

        (ii)   if, under the terms and conditions of
his employment, an age that is less than 60 years
of age is fixed as the age upon the attainment of
which he may retire from his employment and the
age so fixed is less than the age fixed as the age
upon the attainment of which he is required to
retire from his employment or no age is fixed as
the age upon the attainment of which he is
required to retire from his employment-the age
fixed as the age upon the attainment of which he
may retire from his employment; or

        (iii)  if sub-paragraph (i) or (ii) does not
apply in relation to the employee-the age of 60
years.''.
Public Service Act 1922  .    Section 20-

Repeal.
Section 54-
Omit from sub-section (15) the words ''Divisions
6 and 7'', insert ''Division 6 of this Act or of
section 18 of the Commonwealth Employees
(Redeployment and Retirement) Act 1979''.
Division 7 of Part III-
Repeal.
Section 82-
Omit sub-section (4), insert the following
sub-section:
''(4) Where a person is selected for
employment, or the employment of a person is
authorized, on the condition that his employment
shall not continue after the expiration of a
specified period or on the condition that his
employment shall not continue after the completion
of specified work, the Chief Officer shall, if the
services of that person have not been dispensed
with before the expiration of that period or the
completion of that work, as the case may be,
dispense with the services of that person upon the
expiration of that period, or upon the completion
of that work, as the case may be.''.
Omit from sub-section (6) ''sub-section (6A)'',
insert ''sub-sections (6A) and (6B)''.
After sub-section (6A), insert the following
sub-section:
''(6B) The services of a person to whom the
Commonwealth Employees (Redeployment and
Retirement) Act 1979 applies shall not be
dispensed with under sub-section (6) except on the
ground that the person has been guilty of conduct
that, if he were an officer, would have
constituted an offence specified in sub-section

(1) of section 55.''.
Omit from sub-section (7) all the words after the
words ''prolonged period''.
Division 12 of Part III-
Repeal.
Superannuation Act 1976  .    Section 58-

Omit paragraph (b) of sub-section (3), substitute
the following paragraph:
''(b) he is retrenched, he is retired from his
employment under section 19 of the Commonwealth
Employees (Redeployment and Retirement) Act 1979
or he is retired from his employment, otherwise
than under that Act, on a ground similar to the
ground on which persons might have been retired
under section 20 of the Public Service Act 1922
immediately before the date fixed under
sub-section 2 (2) of the Commonwealth Employees
(Redeployment and Retirement) Act 1979;''.
Omit paragraph (e) of sub-section (3), substitute
the following paragraph:
''(e) he is retired under section 18 of the
Commonwealth Employees (Redeployment and
Retirement) Act 1979 or his employment or
appointment is terminated otherwise than under
that Act on a ground similar to a ground that is
specified in that section,''.
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