(1)

The Minister may terminate the appointment of a Commissioner if:

(a) the Commissioner:
(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 Commissioner fails, without reasonable excuse, to comply with section 21 or 22; or
(c) the Commissioner is a full-time Commissioner and is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.

(2)

Subject to subsections (3) and (4), the Minister may terminate the appointment of a Commissioner on the ground of misbehaviour or physical or mental incapacity.

(3)

If a Commissioner:

(a) is an eligible employee for the purposes of the Superannuation Act 1976 ; and
(b) has not reached his or her maximum retiring age within the meaning of that Act;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the CSS Board has given a certificate under section 54C of that Act.

(4)

If a Commissioner:

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and
(b) is under 60 years of age;

his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the PSS Board has given a certificate under section 13 of that Act.