Document ID: chunk:federal_register_of_legislation:C2010Q00032:body:0:p2
Version: federal_register_of_legislation:C2010Q00032
Segment Type: other
Provision Reference: 
Character Range: 2819–5389

is found guilty of an offence without the recording of a conviction).

    (4) The Governor-General may terminate an appointment, or cancel an award, if, in the opinion of the Governor-General, the holder of the appointment or award has behaved or acted in a manner that has brought disrepute on the Order.

    (5) The Governor-General may terminate an appointment, or cancel an award, if the Governor-General is satisfied that:
       (a)      any information on which a recommendation to make the appointment or give the award was based was false or misleading in a material particular; or
       (b)     any information on which the decision to make the appointment or give the award was based was false or misleading in a material particular.

    (6) The Governor-General may terminate an appointment, or cancel an award, if the Governor-General is satisfied that it would not have been desirable to make the appointment or give the award because of:
       (a)       information that was not available to the Council or the Minister of State for Defence when the recommendation to make the appointment or give the award was made (whether or not the information existed when the recommendation or decision was made); or
       (b)      information that was not available to the Governor-General when the decision to make the appointment or give the award was made (whether or not the information existed when the recommendation or decision was made).

[2] Subsection 5 (1)
substitute
    (1) The Secretary of the Order must notify, in writing, a person whose appointment or award has been recommended for termination or cancellation under sub-section 3 (2) of the proposed action and the reasons for the proposed action.

[3] Subsection 5 (3)
omit
       must send a copy of the objection
insert
       must provide a copy of the objection

     omit
— to each member of the Council;
insert
       — to the Council;

[4] Subsection 6 (1)
     substitute
    (1) The Secretary of the Order must notify, in writing, a person whose appointment or award has been considered for termination or cancellation under sub-section 3 (3) of the proposed action and the reasons for the proposed action.
[5] Subsection 6 (4)
substitute
    (4) If the Secretary of the Order has not received an objection in response to a notice after the expiry of 35 days after the notice was sent, the Secretary must:
(a)           write to the person informing the person that no response has been received; and
(b)           notify the Governor-General that no response has been received.