Australian Capital Territory Consolidated Acts

PLANNING AND DEVELOPMENT ACT 2007 - SECT 24

    (1)     The Executive may suspend the chief planning executive from duty—

        (a)     for misbehaviour; or

        (b)     for physical or mental incapacity, if the incapacity affects the exercise of the chief planning executive's functions; or

        (c)     if the chief planning executive is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

        (d)     if the chief planning executive is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

    (2)     The Minister must present to the Legislative Assembly a statement of the reasons for the suspension not later than the first sitting day after the day the chief planning executive is suspended.

    (3)     If, not later than 6 sitting days after the day the statement is presented, the Legislative Assembly resolves to require the Executive to end the chief planning executive's appointment, the Executive must end the chief planning executive's appointment.

    (4)     The chief planning executive's suspension ends—

        (a)     if the Minister does not comply with subsection (2)—at the end of the day the Minister should have presented to the Legislative Assembly the statement mentioned in that subsection; or

        (b)     if the Assembly does not pass a resolution mentioned in subsection (3) before the end of the 6 sitting days—at the end of the 6th sitting day.

    (5)     The chief planning executive is entitled to be paid salary and allowances while suspended.

Note     An appointment also ends if the appointee resigns (see Legislation Act, s 210).