Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 28

Termination

             (1)  The Minister may terminate the appointment of a Commissioner:

                     (a)  for misbehaviour; or

                     (b)  if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity; or

                     (c)  if the Commissioner fails to perform his or her functions with impartiality as between all categories of building industry participants.

             (2)  The Minister must terminate the appointment of a Commissioner if:

                     (a)  the Commissioner:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with one or more of his or her creditors; or

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

                     (b)  for a full-time Commissioner:

                              (i)  the Commissioner is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                             (ii)  the Commissioner engages, except with the Minister's approval, in paid employment outside the duties of his or her office (see subsection 25(1)); or

                     (c)  for a part-time Commissioner--the Commissioner engages in paid employment that conflicts or could conflict with the proper performance of his or her duties (see subsection 25(2)); or

                     (d)  in any case--the Commissioner fails, without reasonable excuse, to comply with section 26 (disclosure of interests).

   



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