Electoral Act 1992

The Speaker may retire a member of the electoral commission on the ground of physical or mental incapacity if—

the incapacity substantially affects the exercise of the member’s functions; and

the member consents to the retirement.

However, a member of the electoral commission must not be retired on the ground of invalidity unless—

if the member of the electoral commission is an eligible employee for the Superannuation Act 1976 (Cwlth)—

the member is under the member’s maximum retiring age within the meaning of that Act; and

a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the member; or

if the member of the electoral commission is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—

the member is under 60 years old; and

a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the member; or

if the member of the electoral commission is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—

the member is under 60 years old; and

a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the member.

In this section:

invalidity means—

for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or

for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or

for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under that Act.

physical or mental incapacity includes invalidity.