76DRetirement of Secretaries of Departments on grounds of inefficiency or incapacity

##### 76D Retirement of Secretaries of Departments on grounds of inefficiency or incapacity (1) If the Board, after investigation into the circumstances, reports to the Governor‑General that a Secretary is inefficient or incompetent, or is, because of physical or mental incapacity, incapable of performing his duties, the Governor‑General may retire the Secretary from the Service with effect on and from a day to be specified by the Governor‑General. (2) In the case of a retirement of a Secretary under subsection (1) by reason of a report that he is, because of physical or mental incapacity, incapable of performing his duties, the day on and from which he is retired may, with the consent of the Secretary, be a day that is earlier than the date on which the decision by the Governor‑General to retire him was made. (3) In spite of anything contained in this section, a Secretary who: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her maximum retiring age within the meaning of that Act; is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act. (4) In spite of anything contained in this section, a Secretary who: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.