Commonwealth Numbered Acts

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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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