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