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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 127
Termination of appointment
- (1)
- The Minister may terminate a commissioner's appointment for misbehaviour
or physical or mental incapacity.
- (2)
- The Minister must 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
128 (about disclosure of interests); or
- (c)
- the Minister becomes aware that the commissioner has a pecuniary or other
interest in the subject-matter of the inquiry and the Minister considers that
the commissioner should not continue to participate in the conduct of the
inquiry.
- (3)
- The Minister must terminate the appointment of a commissioner on a
full-time basis if:
- (a)
- the commissioner is absent, except on leave of absence, for 14 consecutive
days or for 28 days in any 12 months; or
- (b)
- the commissioner engages, except with the Minister's approval, in paid
employment outside the duties of his or her office.
- (4)
- The Minister must terminate the appointment of a commissioner on a
part-time basis if:
- (a)
- the commissioner is absent, except on leave of absence, from 3 consecutive
meetings of his or her commission (if it consists of 2 or more commissioners);
or
- (b)
- the commissioner engages in paid employment that, in the Minister's
opinion, conflicts or could conflict with the proper performance of the duties
of his or her office.
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