Auditor-General Act 1996
9ARetirement
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9A Retirement (1) The Speaker may retire the auditor-general on the ground of physical or mental incapacity if— (a) the incapacity substantially affects the exercise of the auditor-general’s functions; and (b) the auditor-general consents to the retirement. (2) However, the auditor-general must not be retired on the ground of invalidity unless— (a) if the auditor-general is an eligible employee for the Superannuation Act 1976 (Cwlth)— (i) the auditor-general is under the auditor-general’s maximum retiring age within the meaning of that Act; and (ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the auditor-general; or (b) if the auditor-general is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)— (i) the auditor-general is under 60 years old; and (ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the auditor-general; or (c) if the auditor-general is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— (i) the auditor-general is under 60 years old; and
Part 2 The auditor-general Division 2.3 Other provisions applying to auditor-general Section 9B page 10 Auditor-General Act 1996 Effective: 18/09/24 R22 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the auditor-general. (3) In this section: invalidity means— (a) for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or (b) for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or (c) for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— invalidity under that Act. physical or mental incapacity includes invalidity.