Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p22
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 51669–54361

the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.
"(4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be removed from office and, if each House so passes such a resolution, the Governor-General shall remove the member from office.
"(5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates.
"(6) The suspension of a member from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.
"(7) If—
    (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or
    (b) a full-time member engages, without the consent of the Minister, in any paid employment outside the duties of his office,
the Governor-General shall remove that member from office.
"(8) The Governor-General may, with the consent of a member who is an eligible employee for the purposes of the Superannuation Act 1976, retire the member from office on the ground of incapacity.
"(9) A member shall not be suspended, removed or retired from office except as provided by this section.

Application of Superannuation Act and Officers' Rights Declaration Act
"107vzr. (1) For the purposes of the Superannuation Act 1976, the removal under sub-section (1) of section 107vzq of this Act of a member from office on the ground of incapacity or the removal under sub-section (4) of that section of a member from office following his suspension from office on that ground, or the retirement under sub-section (8) of that section of a member from office, shall be deemed to be retirement on the ground of invalidity.
"(2) Where a full-time member was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928 applied—
    (a) he retains his existing and accruing rights;
    (b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Australian Public Service; and
    (c) the Officers' Rights Declaration Act 1928 applies as if this Act and this section had been specified in the Schedule to that Act.

"Division 9—Miscellaneous

Delegation
"107vzs. (1) The