Document ID: chunk:federal_register_of_legislation:C2010Q00019:reg:1:p2
Version: federal_register_of_legislation:C2010Q00019
Segment Type: reg
Provision Reference: reg 1 (pt 2/3)
Character Range: 2787–5475

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).

Notice to person affected—recommendation under subsection 3 (2)

      5 (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.

 (2) A person who receives a notice may, not more than 30 days after the date of the notice, lodge with the Secretary an objection in writing to the proposed action.

 (3) As soon as practicable after the receipt of an objection, the Secretary must provide a copy of the objection:
 (a) if the objection relates to an appointment or award in the General Division of the Order—to the Council; or
 (b) if the objection relates to an appointment or award in the Military Division of the Order—to the Minister of State for Defence.

 (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
 (a) write to the person informing the person that no response has been received; and
 (b) advise the Council or the Minister of State for Defence, as the case may be, that no response has been received.

 (5) The Council or the Minister of State for Defence must make a recommendation to the Governor-General not