Commonwealth Numbered Acts

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SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 35

Termination of appointment.
35. (1) The Governor-General may terminate the appointment of a member of the
Trust for misbehaviour or physical or mental incapacity.

(2) If-

   (a)  a member of the Trust-

        (i)    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; or

        (ii)   fails to comply with his obligations under sub-section (3);

   (b)  the member of the Trust who is the Chairman of the Trust-

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

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

   (c)  a part-time member of the Trust-

        (i)    is absent, except on leave granted by the Treasurer, from 3
               consecutive meetings of the Trust of which he has had notice;
               or

        (ii)   being the member referred to in paragraph 30 (1) (b), ceases to
               be a person who is either an eligible employee or a pensioner,
               the Governor-General shall, by notice published in the Gazette,
               declare that the office of the member of the Trust is vacant,
               and thereupon the office shall be deemed to be vacant.

(3) A member of the Trust who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Trust, otherwise than
as a member of, and in common with the other members of, an incorporated
company that consists of more than 25 persons and of which he is not a
director, shall, as soon as possible after the relevant facts have come to his
knowledge, disclose the nature of his interest at a meeting of the Trust.

(4) A disclosure by a member of the Trust under sub-section (3) shall be
recorded in the minutes of the meeting of the Trust, and the member shall not
be present during any deliberation of the Trust in respect of that matter.

(5) A reference in sub-section (3) or (4) of this section to a member of the
Trust shall be read as including a person who is an acting Chairman, or an
acting part-time member, of the Trust by virtue of an appointment under
section 36. 


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