76CRetirement on ground of age

##### 76C Retirement on ground of age (1) Subject to subsection (2), a Secretary shall, by force of this subsection, be retired from the Service upon attaining his maximum retiring age. (2) Where the relevant authority is of the opinion that it is desirable, in the interests of the Commonwealth, that a Secretary who has not attained his maximum retiring age should continue, after he has attained that age, in his employment, and the Secretary is able and willing so to continue, the relevant authority may determine, in writing, that subsection (1) does not apply to the Secretary. (3) A relevant authority may, at the time when it makes, or at any time after it has made, a determination under subsection (2) in respect of a Secretary, determine that the Secretary shall retire from the Service upon attaining a specified age or upon the expiration of a specified period, and, where such a determination is made, the relevant authority may, at any time before the Secretary attains that age or before the expiration of the period so determined, vary such a determination. (4) In this section: > maximum retiring age, in relation to a Secretary, means: (a) if the Secretary is included in a class of Secretaries in respect of whom a maximum retiring age, being an age less than 65 years, is fixed by the regulations—the age so fixed; or (b) in the case of any other Secretary—the age of 65 years. > relevant authority means: (a) in relation to a Secretary who holds an office of Secretary—the Governor‑General; and (b) in relation to an unattached Secretary—the Board.