34Commissioner—retirement

34 Commissioner—retirement (1) The Speaker may retire the commissioner on the ground of physical or mental incapacity if— (a) the incapacity substantially affects the exercise of the commissioner’s functions; and (b) the commissioner consents to the retirement.

(2) However, the commissioner must not be retired on the ground of invalidity unless— (a) if the commissioner is an eligible employee for the Superannuation Act 1976 (Cwlth)— (i) the commissioner is under the commissioner’s maximum retiring age within the meaning of that Act; and Superannuation Board of Trustees No 2 under that Act, section 54C for the commissioner; or (b) if the commissioner is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)— (i) the commissioner is under 60 years old; and section 13 for the commissioner; or (c) if the commissioner is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— (i) the commissioner is under 60 years old; and section 43 for the commissioner.

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 (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.