(1) The Governor in Council may, on an address or resolution from the Legislative Assembly, terminate the appointment of the energy ombudsman if the ombudsman--
(a) is found guilty of an indictable offence; or
(b) becomes incapable of performing the functions of the energy ombudsman because of physical or mental incapacity; or
(c) becomes an insolvent under administration; or
(d) is guilty of misconduct of a type that could warrant dismissal from the public service if the energy ombudsman were an officer of the public service; or
(e) contravenes section 54.
(2) The Acts Interpretation Act 1954, section 25(1)(b)(i) to (iii) does not apply for the energy ombudsman.
(3) In this section--
insolvent under administration means--
(a) a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or
(b) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or
(c) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or
(d) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.