Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 37J

Suspension of assessors--misbehaviour or incapacity

  (1)   The Governor - General may suspend an assessor from office on the ground of misbehaviour or of physical or mental incapacity.

  (2)   If the Governor - General suspends an assessor from office, the Minister must cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

  (3)   If such a statement is laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement is laid before it, by resolution, declare that the assessor's appointment should be terminated.

  (4)   If each House of the Parliament passes the resolution in that way, the Governor - General must terminate the assessor's appointment.

  (5)   If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement is laid before that House, that House has not passed the resolution, the suspension terminates.

  (6)   The suspension of an assessor from office under this section does not affect any entitlement of the assessor to be paid remuneration and allowances.


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