76JRetirement on ground of age

##### 76J Retirement on ground of age (1) Subject to subsection (2), a Senior Executive Service officer shall, by force of this subsection, be retired from the Service upon attaining his maximum retiring age. (2) Where the Board is of the opinion that it is desirable, in the interests of the Commonwealth, that a Senior Executive Service officer who has not attained his maximum retiring age should continue, after he has attained that age, in his employment, and the officer is able and willing so to continue, the Board may determine, in writing, that subsection (1) does not apply to the officer. (3) The Board may, at the time when it makes, or at any time after it has made, a determination under subsection (2) in respect of an officer, determine that the officer 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 Board may, at any time before the officer 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 Senior Executive Service officer, means: (a) if the officer is included in a class of Senior Executive Service officers 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 Senior Executive Service officer—the age of 65 years.