Document ID: chunk:federal_register_of_legislation:C2025C00177:section:34
Version: federal_register_of_legislation:C2025C00177
Segment Type: section
Provision Reference: s 34
Character Range: 35585–38056

34  Termination of appointment
 (1) The appointer must terminate the appointment of a member or associate member if the Minister is of the opinion that the performance of the member or associate member has been unsatisfactory for a significant period of time.
 (2) The Governor‑General must terminate the appointment of all of the members and associate members if the Minister is of the opinion that the ACMA's performance has been unsatisfactory for a significant period of time.
 (3) The appointer may terminate the appointment of a member or associate member for misbehaviour or physical or mental incapacity.
 (4) The appointer may terminate the appointment of a member or associate member if:
 (a) the member or associate member:
 (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 member or associate member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
 (5) The appointer may terminate the appointment of a full‑time member or full‑time associate member if:
 (a) the member or associate member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 consecutive months; or
 (b) the member or associate member engages, without the approval required by section 31, in paid employment outside the duties of his or her office.
 (6) The appointer may terminate the appointment of a part‑time member if the member is absent, except on leave of absence, from 3 consecutive meetings of the ACMA.
 (7) The appointer may terminate the appointment of a part‑time associate member if the associate member is absent from 3 consecutive meetings of the ACMA except on leave of absence. However, the only meetings that are to be taken into account for this purpose are meetings:
 (a) that the associate member was entitled to attend (see section 40); and
 (b) about which reasonable efforts were made to inform the associate member (see paragraph 37(b)).
 (8) If the Minister is of the opinion that the members have failed to comply with section 56 or 57, the Governor‑General may terminate the appointment of all members or particular members.