Document ID: chunk:federal_register_of_legislation:C2024C00078:section:21
Version: federal_register_of_legislation:C2024C00078
Segment Type: section
Provision Reference: s 21
Character Range: 23251–25356

21  Suspension or termination of appointment
 (1) The Governor‑General may suspend or terminate the appointment of the Australian Border Force Commissioner:
 (a) for misbehaviour; or
 (b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
 (2) The Governor‑General may suspend or terminate the appointment of the Australian Border Force Commissioner if:
 (a) the Commissioner:
 (i) becomes bankrupt; or
 (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (iii) compounds with one or more of his or her creditors; or
 (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
 (b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) the Commissioner engages in conduct that is inconsistent with an oath or affirmation he or she made and subscribed under section 13; or
 (d) the Commissioner engages, except with the Minister's approval, in paid work outside the duties of his or her office (see section 18); or
 (e) the Commissioner fails, without reasonable excuse, to comply with:
 (i) section 19; or
 (ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made under that Act for the purposes of that section; or
 (f) the Commissioner fails, without reasonable excuse, to comply with a direction under section 23.
 (3) The suspension of the appointment of the Australian Border Force Commissioner under this section does not affect any entitlement of the Commissioner to be paid remuneration, and allowances, in accordance with this Act.

Statement in Parliament
 (4) If the Governor‑General suspends or terminates the appointment of the Australian Border Force Commissioner, the Minister must cause a statement of the grounds of the suspension or termination to be laid before each House of the Parliament within 7 sitting days of that House after the suspension or termination.