Document ID: chunk:federal_register_of_legislation:C2024C00224:section:120
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 120
Character Range: 490355–491753

120  Suspension of members other than a Judge—misbehaviour or incapacity

Misbehaviour or incapacity
 (1) The Governor‑General may suspend a member other than a Judge from office on the ground of misbehaviour or of physical or mental incapacity.

Statement of grounds
 (2) If the Governor‑General suspends a member from office, the Commonwealth Minister must cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

Resolution by a House of Parliament
 (3) If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member's appointment should be terminated.

Member's appointment to be terminated
 (4) If each House of the Parliament passes the resolution, the Governor‑General must terminate the member's appointment.

Termination of suspension
 (5) If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed the resolution, the suspension terminates.

Suspension not to affect entitlements
 (6) The suspension of a member from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.