Document ID: chunk:federal_register_of_legislation:C2023C00356:clause:2_5
Version: federal_register_of_legislation:C2023C00356
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 66037–68218

5  Removal from office etc.
 (1) The Governor‑General may remove the Independent Auditor from office if each House of the Parliament, in the same session of the Parliament, presents an address to the Governor‑General praying for the removal of the Independent Auditor on the ground of misbehaviour or physical or mental incapacity.
 (2) The Governor‑General must remove the Independent Auditor from office if the Independent Auditor does any of the following:
 (a) becomes bankrupt;
 (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
 (c) compounds with his or her creditors;
 (d) assigns his or her remuneration for the benefit of his or her creditors.
 (3) If the Independent Auditor is:
 (a) an eligible employee for the purposes of the Superannuation Act 1976; or
 (b) a member of the superannuation scheme established by the Trust 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 consent of the Independent Auditor, retire the Independent Auditor from office on the ground of physical or mental incapacity.
 (4) For the purposes of the Superannuation Act 1976, the Independent Auditor is taken to have been retired from office on the ground of invalidity if:
 (a) the Independent Auditor is removed or retired from office on the ground of physical or mental incapacity; and
 (b) CSC gives a certificate under section 54C of that Act.
 (5) For the purposes of the Superannuation Act 1990, the Independent Auditor is taken to have been retired from office on the ground of invalidity if:
 (a) the Independent Auditor is removed or retired from office on the ground of physical or mental incapacity; and
 (b) CSC gives a certificate under section 13 of that Act.
 (6) For the purposes of the Superannuation Act 2005, the Independent Auditor is taken to have been retired from office on the ground of invalidity if:
 (a) the Independent Auditor is removed or retired from office on the ground of physical or mental incapacity; and
 (b) CSC gives an approval and certificate under section 43 of that Act.