Document ID: chunk:federal_register_of_legislation:C2023C00356:clause:1_6
Version: federal_register_of_legislation:C2023C00356
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 61204–63628

6  Removal from office etc.
 (1) The Governor‑General may remove the Auditor‑General 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 Auditor‑General on the ground of misbehaviour or physical or mental incapacity.
 (2) The Governor‑General must remove the Auditor‑General from office if the Auditor‑General 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 Auditor‑General 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 Auditor‑General, retire the Auditor‑General from office on the ground of physical or mental incapacity.
 (4) For the purposes of the Superannuation Act 1976, the Auditor‑General is taken to have been retired from office on the ground of invalidity if:
 (a) the Auditor‑General 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 Auditor‑General is taken to have been retired from office on the ground of invalidity if:
 (a) the Auditor‑General 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 Auditor‑General is taken to have been retired from office on the ground of invalidity if:
 (a) the Auditor‑General 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.
 (7) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Auditor‑General.