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INTELLIGENCE SERVICES ACT 2001 - SECT 27H

Termination of appointment

  (1)   The Governor - General may terminate the appointment of the Director - General of ASD:

  (a)   for misbehaviour; or

  (b)   if the Director - General is unable to perform the duties of his or her office because of physical or mental incapacity.

  (2)   The Governor - General must terminate the appointment of the Director - General of ASD if:

  (a)   the Director - General:

  (i)   becomes bankrupt; or

  (ii)   applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

  (iii)   compounds with his or her creditors; or

  (iv)   makes an assignment of his or her remuneration for the benefit of his or her creditors; or

  (b)   the Director - General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

  (c)   the Director - General engages in paid work that, in the Minister's opinion, conflicts or may conflict with the proper performance of the Director - General's duties (see section   27L); or

  (d)   the Director - General lacks, or has lost, an essential qualification for performing the duties of his or her office.

Note:   The appointment of the Director - General of ASD may also be terminated under section   30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

  (3)   The Governor - General may, with the Director - General of ASD's consent, retire the Director - General from office on the ground of incapacity if the Director - General is:

  (a)   an eligible employee for the purposes of the Superannuation Act 1976 ; or

  (b)   a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

  (c)   an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 .


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