New South Wales Consolidated Acts

INTERPRETATION ACT 1987 - SECT 53A

53A Extension of age limit for part-time members of statutory bodies

(1) If--

(a) a person is or has, within the last 3 months, been the holder of a part-time office as a member of a statutory body,

(b) the person cannot be re-appointed to the office because a provision of an Act or statutory rule imposes an age limit,

(c) a Minister certifies to the Governor that that Minister is of the opinion that it is in the public interest that the person should be able to continue to hold the office after reaching the age limit, and

(d) the person has reached the age limit or is within 3 months of reaching it,

the Governor may extend the age limit for the person, but not beyond the age of 72 years.

(2) While under the extended age limit, the person (if otherwise qualified) may be re-appointed to the office.

(3) An office held by a person re-appointed under this section becomes vacant if the person reaches the extended age limit, instead of the former age limit.

(4) This section prevails over any Act or statutory rule relating to the constitution of the statutory body concerned, unless any such Act or statutory rule expressly excludes this section.

(5) A notification in the Gazette by a Minister to the effect that the age limit has been extended for the person is evidence of the extension.

(6) The age limit for a person may be extended under this section on more than one occasion, but so that the age limit is not extended beyond the age of 72 years.

(7) In this section,
"part-time office" means an office other than--

(a) an office required to be held on a full-time basis, or

(b) an office specified in any of the Schedules to the Statutory and Other Offices Remuneration Act 1975 .