Document ID: chunk:federal_register_of_legislation:C2024C00224:section:104
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 104
Character Range: 473088–475742

104  Termination of appointment

Misbehaviour or incapacity
 (1) The Governor‑General may terminate the appointment of the Registrar for misbehaviour or physical or mental incapacity.

Termination for other reasons
 (2) The Governor‑General must terminate the appointment of the Registrar if:
 (a) the Registrar:
 (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 Registrar is absent from duty, except on leave of absence granted by the President, for 14 consecutive days or for 28 days in any 12 months; or
 (c) the Registrar engages in paid employment contrary to section 105; or
 (d) the Registrar fails, without reasonable excuse, to comply with section 106.

Retirement—incapacity
 (3) If the Registrar 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 Registrar's consent, retire the Registrar from office on the ground of incapacity.

Retirement—invalidity—Superannuation Act 1976
 (4) In spite of anything contained in this Act, a Registrar 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);
is not capable of being 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.

Retirement—invalidity—Superannuation Act 1990
 (5) In spite of anything contained in this Act, a Registrar who:
 (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
 (b) is under 60 years of age;
is not capable of being 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.

Retirement—invalidity—Superannuation Act 2005
 (6) In spite of anything contained in this Act, a Registrar who:
 (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and
 (b) is under 60 years of age;
is not capable of being 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.