(1) The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.
(2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.
Note: The appointment of an ordinary member 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 Minister must not terminate the appointment of a member under subsection ( 1) or (2) unless the termination has been recommended by resolution of the Australian Transport Council, carried in accordance with the Agreement.
Termination under Public Governance, Performance and Accountability Act 2013
(4) Subsection ( 3) is taken to apply in relation to the
termination of the appointment of an ordinary member under section 30
of the Public Governance, Performance and Accountability Act 2013 in the same
way as that subsection applies to a termination under this section.