Commonwealth Consolidated Acts Commonwealth Consolidated ActsMinister may suspend member of the TSRA
(1) Subject to subsection ( 2), the Minister may suspend a member of the TSRA from office because of misbehaviour or physical or mental incapacity.
Minister must give member of the TSRA notice before suspension
(2) The Minister must not suspend the member from office unless the Minister has:
(a) by written notice served on the member, given the member 7 days within which to show cause why the member should not be suspended; and
Statement to be laid before each House of the Parliament
(3) The Minister must cause a statement identifying the member and setting out the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.
Member of the TSRA must be restored to office if declaration made by both Houses of Parliament
(4) If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member of the TSRA ought to be restored to office. If each House so passes such a resolution, the Minister must terminate the suspension.
Minister may remove member of the TSRA from office if no declaration made
(5) If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Minister may remove the member of the TSRA from office.
Minister must remove member from office
(6) If a member of the TSRA:
(a) is convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or
(b) is convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer; or
(c) who is the Chairperson of the TSRA, is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or
(d) who is a part - time member, has been absent from 3 consecutive meetings of the TSRA without leave of the Minister and without reasonable excuse; or
(e) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or
(f) becomes bankrupt; or
(g) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(h) compounds with his or her creditors; or
(i) makes an assignment of his or her remuneration for the benefit of his or her creditors;
the Minister must remove the member from office.
Statement to be laid before Parliament if member of the TSRA removed from office
(7) If the Minister removes a member of the TSRA from office, the Minister must cause to be laid before each House of the Parliament, within 7 sitting days of that House after the removal, a statement:
(a) identifying the member; and
(b) stating that he or she has been removed from office; and
(c) setting out the ground of the removal.
Circumstances in which member of TSRA taken to be guilty of misbehaviour
(8) Without limiting the generality of this section, a member of
the TSRA is taken to have been guilty of misbehaviour if he or she has
knowingly voted in favour of, or knowingly participated in, a contravention of
a lawful direction given by the Minister to the TSRA, whether under section
142E or 144ZD or any other provision of this Act.