ELECTORAL ACT 1992 - SECT 18A Suspension—generally

ELECTORAL ACT 1992 - SECT 18A

    (1)     The Speaker may suspend a member of the electoral commission on the ground of—

        (a)     misbehaviour; or

        (b)     physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.

Note     Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act

, s 180).

    (2)     If the Speaker is considering suspending the member, the Speaker may ask 1 or more of the following for advice about the proposed suspension:

        (a)     the public sector standards commissioner;

        (b)     anyone else the Speaker considers appropriate.

    (3)     If the Speaker suspends the member, the Speaker must give the member written notice of the suspension and a copy of a statement of the reasons for the suspension.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (4)     The suspension takes effect when the notice and statement are given to the member under subsection (3).

    (5)     The member may be suspended only under this section.

    (6)     The member is entitled to be paid salary and allowances while suspended.