Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p62
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 155832–158575

any other case—to the Principal Member; and

     (b) the member must not take part in the review or exercise any powers in relation to the review unless:

         (i) if the member is the Principal Member—the applicant and the Minister consent; or

          (ii) in any other case—the applicant and the Principal Member consent.

"(2) For the purposes of this section, a member has a conflict of interest in relation to' a review by the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to that review.

Removal from office

"166JK.(1) The Governor-General may remove a member from office on the ground of proved misbehaviour or physical or mental incapacity.

  "(2) The Governor-General may remove a member from office if:

   (a)     the member becomes bankrupt; or

     (b)     the member applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

   (c)     the member compounds with his or her creditors; or

     (d)     the member makes an assignment of remuneration for the benefit of his or her creditors; or

     (e)     the member has a direct or indirect pecuniary interest in an immigration advisory service; or

     (f)      the member, being a full-time member, is absent from duty, except on leave of absence granted under section 166JG, for 14 consecutive days or 28 days in any 12 months; or

     (g)     the member, being a full-time member, engages in paid employment outside the duties of the office of member without the written consent of the Minister; or

    (h) the member fails, without reasonable excuse, to comply with his or her obligations under section 166JJ.

  "(3) In this section:

'immigration advisory service' means a body that provides services in relation to the seeking by non-citizens of permission to enter or remain in Australia.

Acting appointments

"166JL.(1) The Minister may appoint a person to act in the office of Principal Member:

     (a) during a vacancy in the office, whether or not an appointment has previously been made to the office; or

    (b) during any period, or during all periods, when the Principal Member is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

"(2) Subject to this section, a person appointed to act during a vacancy in the office must not continue to act for more than 12 months.

"(3) If a person is acting in the office, the Minister may direct that, for the purposes specified in the direction, the person is to be taken to continue to act in the office after the normal terminating event occurs.

"(4) A direction under subsection (3) must specify the period