Document ID: chunk:federal_register_of_legislation:C2004C01287:clause:1_46h
Version: federal_register_of_legislation:C2004C01287
Segment Type: clause
Provision Reference: sch 1 cl 46H
Character Range: 63474–65303

46H  Termination of appointment

Misbehaviour or incapacity

 (1) The Governor‑General may terminate the appointment of an examiner for misbehaviour or physical or mental incapacity.

Bankruptcy etc.

 (2) The Governor‑General must terminate the appointment of an examiner if:
 (a) the examiner:
 (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 examiner is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or
 (c) the examiner fails, without reasonable excuse, to comply with section 46F; or
 (d) the examiner engages, except with the Minister's approval, in paid employment outside the duties of his or her office.

Invalidity

 (3) In spite of anything contained in this section, an examiner who:
 (a) is an eligible employee for the purposes of the Superannuation Act 1976; and
 (b) has not reached his or her maximum retiring age within the meaning of that Act;
is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

 (4) In spite of anything contained in this section, an examiner who:
 (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
 (b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.