Document ID: chunk:federal_register_of_legislation:C2014C00368:section:21
Version: federal_register_of_legislation:C2014C00368
Segment Type: section
Provision Reference: s 21
Character Range: 20221–22326

21  Termination of appointment
 (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
 (2) If:
 (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
 (b) a member, being a Chairperson who has been appointed as a full‑time member:
 (i) engages, except with the approval of the Minister, in paid employment outside the duties of his or her office; or
 (ii) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) a member, not being a Chairperson who has been appointed as a full‑time member:
 (i) engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or
 (ii) is absent, except on leave of absence granted under section 17, from 3 consecutive meetings of the Authority; or
 (e) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time;
the Minister may terminate the appointment of the member.
Note: The appointment of a member may also be terminated under 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).
 (3) If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members.
 (3A) If the Minister is of the opinion that:
 (a) the Authority has failed to comply with section 9B of this Act; or
 (b) the members have failed to comply with section 19 of the Public Governance, Performance and Accountability Act 2013;
the Minister may terminate the appointment of all members or specified members.
 (4) This section does not apply to the Chief Executive Officer.