76VRetirement on ground of age

##### 76V Retirement on ground of age (1) Subject to subsection (2), an officer shall, by force of this subsection, be retired from the Service upon attaining the maximum retiring age. (2) Where the relevant Secretary is of the opinion that it is desirable, in the interests of the Commonwealth, that an officer who has not attained the maximum retiring age should continue, after attaining that age, in employment, and the officer is able and willing so to continue, the relevant Secretary may determine, in writing, that subsection (1) does not apply to the officer. (3) The relevant Secretary may, at the time of making, or at any time after making, 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 relevant Secretary may, at any time before the officer attains that age or before the expiration of the period so determined, vary the determination. (4) In this section: > maximum retiring age, in relation to an officer, means: (a) if the officer is included in a class of 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 officer—the age of 65 years. > officer includes: (a) an officer whose appointment to the Service on probation has not been confirmed; and (b) a short‑term employee, a fixed‑term employee or an overseas employee.