58ASpecial provision regarding certain holders of statutory offices

#### 58A Special provision regarding certain holders of statutory offices (1) Subsection (2) applies to a person who: (a) ceases to be an eligible employee; and (b) immediately before ceasing to be an eligible employee, is the holder of a statutory office (in this section called the relevant statutory office); and (c) immediately before becoming the holder of the relevant statutory office: (i) was an APS employee or a Secretary (within the meaning of the Public Service Act), other than a fixed‑term employee; or (ii) was a fixed‑term employee (other than a person referred to in paragraph 57B(1)(d) or (e)) who would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed‑term employee had he or she not been appointed to the relevant statutory office; or (iii) was an employee (other than as a fixed‑term employee) of the authority or body that is liable to pay the remuneration of the holder of the relevant statutory office; or (iv) as a fixed‑term employee, held office under an appointment, or was employed, by the authority or body that is liable to pay the remuneration of the holder of the relevant statutory office and would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the fixed term of the appointment or employment by virtue of which the person was a fixed‑term employee had he or she not been appointed to the relevant statutory office; or (v) held a statutory office and would have been deemed, by a provision of this Division (including this section) or otherwise, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to that office had he or she not been appointed to the relevant statutory office. (2) A person to whom this subsection applies is to be deemed, for the purposes of this Act, to have retired involuntarily on the expiration of the term of his or her appointment to the relevant statutory office if: (a) the person was eligible to be re‑appointed to the office; and (b) he or she desired to be so re‑appointed; and (c) he or she was not so re‑appointed. (3) If: (a) a person who is the holder of a statutory office ceases to be an eligible employee on the expiration of the term of his or her appointment to the office; and (b) the person is not a person to whom subsection (2) applies; and (c) the person is eligible to be re‑appointed to the office; and (d) although the person desires to be so re‑appointed, he or she is not re‑appointed; the person is not to be deemed, for the purposes of this Act, to have retired involuntarily. (4) If: (a) it is provided in the document by means of which a person is appointed to a statutory office, or it is a term or condition of the appointment, that subsection (2) is not to apply to the person in relation to the office; and (b) the term of the appointment expires; and (c) the person is eligible to be re‑appointed to the office; and (d) although the person desires to be so re‑appointed, he or she is not re‑appointed; and (e) but for this subsection, the person would have been deemed to have retired involuntarily; the person is not to be deemed, for the purposes of this Act, to have retired involuntarily. (5) If: (a) it is provided in the document by means of which a person is appointed to a statutory office, or it is a term or condition of the appointment, that subsection (3) is not to apply to the person in relation to the office; and (b) the term of the appointment expires; and (c) the person is eligible to be re‑appointed to the office; and (d) although the person desires to be so re‑appointed, he or she is not re‑appointed; and (e) but for this subsection, the person would not have been deemed, for the purposes of this Act, to have retired involuntarily; the person is to be deemed, for the purposes of this Act, to have retired involuntarily. (6) If a person who is the holder of a statutory office ceases to be an eligible employee because the person’s appointment to the statutory office is terminated before the expiration of the term of the appointment, the following provisions have effect: (a) if: (i) the document by means of which the person was appointed to the office provided that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act; or (ii) it was a term or condition of the appointment that, in the events that have happened, the person was not to be deemed to have retired involuntarily for the purposes of this Act; the person is not to be deemed, for the purposes of this Act, to have retired involuntarily; (b) in any other case, the person is to be deemed, for the purposes of this Act, to have retired involuntarily. (7) The document by means of which a person is appointed to a statutory office must not include provision of the kind mentioned in paragraph (5)(a) except with the approval of the Minister. (8) An appointment of a person must not be made on the basis that it is a term or condition of the appointment that subsection (3) is not to apply to the person in relation to the office unless the Minister has approved the making of the appointment on that basis. (9) The inclusion of a provision in a document in contravention of subsection (7) is ineffective for the purposes of paragraph (5)(a), but the document is as effective in all other respects as it would be apart from this subsection. (10) If an appointment is made in contravention of subsection (8), the term or condition referred to in that subsection is ineffective, but all other terms and conditions of the appointment are as effective in all other respects as they would be apart from this subsection. (11) In the case of a person who has ceased to be an eligible employee on more than one occasion, this section cannot have effect except in relation to the last such occasion.