Document ID: chunk:federal_register_of_legislation:C2013A00032:clause:1_269smo
Version: federal_register_of_legislation:C2013A00032
Segment Type: clause
Provision Reference: sch 1 cl 269SMO
Character Range: 5869–7112

269SMO  Termination of appointment
 (1) The Minister may terminate the appointment of the Commissioner:
 (a) for misbehaviour; or
 (b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
 (2) The Minister may terminate the appointment of the Commissioner if:
 (a) the Commissioner:
 (i) becomes bankrupt; or
 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (iii) compounds with his or her creditors; or
 (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
 (b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) the Commissioner fails, without reasonable excuse, to comply with section 269SML; or
 (d) the Commissioner is appointed on a full‑time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office (see subsection 269SMM(1)); or
 (e) the Commissioner is appointed on a part‑time basis and engages in paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her duties (see subsection 269SMM(2)).