Document ID: chunk:federal_register_of_legislation:C2025C00114:section:65
Version: federal_register_of_legislation:C2025C00114
Segment Type: section
Provision Reference: s 65
Character Range: 152936–155473

65  Termination of appointment
 (1) The Governor‑General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
 (2) The Governor‑General must terminate the appointment of a member if:
 (a) the member:
 (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 member is a full‑time member and is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) the member is a part‑time member and is absent, without reasonable excuse, from 3 consecutive meetings of the Board; or
 (d) the member engages in paid employment contrary to section 62; or
 (e) the member fails, without reasonable excuse, to comply with section 64.
 (3) If a member is:
 (a) an eligible employee for the purposes of the Superannuation Act 1976; or
 (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or
 (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;
the Governor‑General may, with the member's consent, retire the member from office on the ground of incapacity.
 (4) In spite of anything in this Act, a member who:
 (a) is an eligible employee for the purposes of the Superannuation Act 1976; and
 (b) has not reached his or her retiring age (within the meaning of that Act);
cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.
 (5) In spite of anything in this Act, a member who:
 (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
 (b) is under 60;
cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.
 (5A) In spite of anything in this Act, a member who:
 (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and
 (b) is under 60;
cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.
 (6) This section applies to a temporary member as if references to the Governor‑General were references to the Minister.