Victorian Numbered Acts Victorian Numbered Acts(1) The Governor in Council may suspend a person from office as a transport safety appointee on the recommendation of the Minister.
(2) The Minister may make the recommendation if the Minister is of the opinion that the person—
(a) is incapable of performing his or her functions or duties; or
(b) has refused or neglected to perform his or functions or duties; or
(c) has engaged in misconduct; or
(d) is otherwise unfit to continue to be a transport safety appointee.
(3) Before making such a recommendation in relation to a person, the Minister must—
(a) give the person written notice that the Minister is considering making the recommendation, together with details of the reasons why the recommendation is being considered; and
(b) consider any submissions made to the Minister by, or on behalf of, the person in response to the notice.
(4) If the Governor in Council suspends a person as a transport safety appointee, the Minister must, on or before the 3rd sitting day of each House of Parliament after that suspension, ensure that a statement of the grounds for the making of the recommendation that the person be suspended is laid before the House.
(5) A person ceases to hold office as a transport safety appointee if each House of Parliament declares by resolution, passed within 7 sitting days of the House after the laying before it of the statement that he or she should cease to hold office.
(6) The suspension of a person as a transport safety appointee ceases—
(a) if a resolution that he or she should cease to hold office is defeated before either House of Parliament; or
(b) if such a resolution is not passed by each House of Parliament within 7 sitting days of the House after the laying before it of the statement.
(7) If a person is suspended from office under this section, he or she remains entitled to his or her remuneration and allowances as a transport safety appointee during the period of suspension.