Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Part, the cases in which a member shall be deemed to have retired voluntarily shall be the cases specified in this section.
(2) Notwithstanding anything contained in this section, a member shall not be deemed to have retired voluntarily if he or she has attained the age of 60 years at the time when he or she ceases to be entitled to a parliamentary allowance.
(3) A member who resigns his or her place before the end of his or her term of office is taken to have retired voluntarily if:
(a) the Trust does not determine under section 15A that the resignation is to be treated as an invalidity retirement; and
(b) he or she fails to satisfy the Trust that his or her resignation was made bona fide:
(i) for the purpose of securing election for another electorate or for another State; or
(ii) for the purpose of submitting himself or herself for re - election by the electors of his or her former electorate; or
(iii) for the purpose of securing election as a member of the House of which he or she was not a member.
(4) A person who has ceased to be a senator upon the expiration of the term of office of a class of senators or the dissolution of the Senate, or has ceased to be a member of the House of Representatives upon the dissolution or expiration of that House, shall be deemed to have retired voluntarily:
(a) if:
(i) in the case of a person who was a senator--he or she was not, at the time of an election to fill places in the Senate that became vacant at the time when his or her place became vacant, a candidate for election to the Senate or, if elections of members of the House of Representatives were held, or an election of a member of the House of Representatives was held, at the same time as such a Senate election, a candidate either for election as a senator or as a member of the House of Representatives; or
(ii) in the case of a person who was a member of the House of Representatives--he or she was not, at the time of the next ensuing elections for that House, a candidate for election to that House or, if elections of senators were held, or an election of a senator was held, at the same time as those elections for that House, a candidate either for election as a senator or as a member of the House of Representatives;
and both:
(iii) the Trust does not determine under section 15A that his or her failure to be such a candidate is to be treated as an invalidity retirement; and
(iv) he or she does not satisfy the Trust that his or her failure to be such a candidate was due to:
(A) his or her failure to secure the support of a political party from which he or she reasonably sought support; or
(B) his or her expulsion from a political party; or
(b) if he or she was such a candidate but did not, in the opinion of the Trust, genuinely desire to be elected.
(5) A member shall be deemed to have retired voluntarily if his or her place becomes vacant:
(a) under section 20 or 38 of the Constitution; or
(b) by reason of his or her becoming subject to any of the disabilities mentioned in paragraphs 44(iv) and (v) of the Constitution, or because he or she has directly or indirectly taken or agreed to take any fee or honorarium for services rendered to the Commonwealth, within the meaning of paragraph 45(iii) of the Constitution.
(6) Notwithstanding anything contained in this section (except subsection (2)), a member shall be deemed to have retired voluntarily if he or she ceases to be a member in circumstances which, in the opinion of the Trust, should justly be treated as constituting a voluntary retirement for the purposes of this Part.