sec.106ACompulsory retirement age under legislation etc.

### sec.106A Compulsory retirement age under legislation etc. This Act has no effect on the imposition of a compulsory retirement age on— a Supreme Court judge; or a District Court judge; or a magistrate; or a member of the Land Court; or the president, the vice-president or a deputy president (court) of the Industrial Court; or a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or a fire officer within the meaning of the Fire Services Act 1990 ; or a police officer; or a director of a public company or subsidiary of a public company; or another person prescribed by regulation. Subsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under— an Act; or an industrial instrument under the Industrial Relations Act 2016 ; or a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit. If the compulsory retirement age is imposed under something mentioned in subsection (2) (b) or (c) , then, by force of this subsection, a person mentioned in subsection (1) is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age imposed. In this section— previous unit of the public sector means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990 . s 106A ins 1994 No. 29 s 10 amd 1996 No. 37 s 147 sch 2 ; 1999 No. 33 s 747 sch 3 ; 2001 No. 35 s 7 ; 2002 No. 34 s 74 sch 6 ; 2007 No. 37 s 5 sch ; 2008 No. 67 s 109 ; 2010 No. 19 s 4 ; 2013 No. 29 s 59B ; 2014 No. 17 s 184 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6 ; 2024 No. 22 s 92 sch 1 (sec.106A-ssec.1) This Act has no effect on the imposition of a compulsory retirement age on— a Supreme Court judge; or a District Court judge; or a magistrate; or a member of the Land Court; or the president, the vice-president or a deputy president (court) of the Industrial Court; or a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or a fire officer within the meaning of the Fire Services Act 1990 ; or a police officer; or a director of a public company or subsidiary of a public company; or another person prescribed by regulation. (sec.106A-ssec.2) Subsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under— an Act; or an industrial instrument under the Industrial Relations Act 2016 ; or a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit. (sec.106A-ssec.3) If the compulsory retirement age is imposed under something mentioned in subsection (2) (b) or (c) , then, by force of this subsection, a person mentioned in subsection (1) is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age imposed. (sec.106A-ssec.4) In this section— previous unit of the public sector means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990 . - (a) a Supreme Court judge; or - (b) a District Court judge; or - (c) a magistrate; or - (d) a member of the Land Court; or - (e) the president, the vice-president or a deputy president (court) of the Industrial Court; or - (f) a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or - (h) a fire officer within the meaning of the Fire Services Act 1990 ; or - (k) a police officer; or - (m) a director of a public company or subsidiary of a public company; or - (n) another person prescribed by regulation. - (a) an Act; or - (b) an industrial instrument under the Industrial Relations Act 2016 ; or - (c) a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit.