Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 75

75. (1) The Governor-General may remove a member from office on an address
praying for his removal on the ground of misbehaviour or physical or mental
incapacity being presented to the Governor-General by each House of the
Parliament in the same session of the Parliament.

(2) The Governor-General may suspend a member from office on the ground of
misbehaviour or physical or mental incapacity.

(3) Where the Governor-General suspends a member from office, the Minister
shall cause a statement of the grounds of the suspension to be laid before
each House of the Parliament within 7 sitting days of the House after the
suspension.

(4) Where such a statement has been laid before a House of the Parliament,
that House may, within 15 sitting days of that House after the day on which
the statement has been laid before it, by resolution, declare that a member
should be removed from office and, if each House so passes such a resolution,
the Governor-General shall remove the member from office.

(5) If, at the expiration of 15 sitting days of a House of the Parliament
after the day on which the statement has been laid before that House, that
House had not passed such a resolution, the suspension terminates.

(6) The suspension of a member from office under this section does not affect
any entitlement of the member to be paid remuneration and allowances.

(7) If-

   (a)  a member becomes bankrupt, applies to take the benefit of any law for
        the relief of bankrupt or insolvent debtors, compounds with his
        creditors or makes an assignment of his remuneration for their
        benefit;

   (b)  a full-time member-

        (i)    engages, except with the approval of the Minister, in paid
               employment outside the duties of his office; or

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

   (c)  a part-time member is absent, except on leave of absence granted by
        the Minister, from 3 consecutive meetings of the Agency; or

   (d)  a member fails, without reasonable excuse, to comply with his
        obligations under section 72 or 73, the Governor-General shall
        terminate the appointment of the member.

(8) A member shall not be removed or suspended from office except as provided
by this section.