Commonwealth Consolidated Acts

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - SECT 51

             (1)  The Governor‑General may terminate the appointment of the CEO for physical or mental incapacity, misbehaviour, incompetence or inefficiency.

             (2)  The Governor‑General must terminate the appointment of the CEO if the CEO does any of the following:

                     (a)  is absent from duty (except on leave of absence) for 14 consecutive days, or for 28 days in any period of 12 months;

                     (b)  becomes bankrupt;

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

                     (d)  compounds with his or her creditors;

                     (e)  assigns his or her remuneration for the benefit of his or her creditors;

                      (f)  contravenes section 50, without a reasonable excuse;

                     (g)  engages in paid employment outside the duties of the office, without the Minister's written approval.

             (3)  If the CEO is:

                     (a)  an eligible employee for the purposes of the Superannuation Act 1976 ; or

                     (b)  a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

                     (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;

the Governor‑General may, with the consent of the CEO, retire the CEO from office on the ground of physical or mental incapacity.

             (4)  For the purposes of the Superannuation Act 1976 , the CEO is taken to have been retired from office on the ground of invalidity if:

                     (a)  the CEO is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 1976 ) gives a certificate under section 54C of that Act.

             (5)  For the purposes of the Superannuation Act 1990 , the CEO is taken to have been retired from office on the ground of invalidity if:

                     (a)  the CEO is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 1990 ) gives a certificate under section 13 of that Act.

             (6)  For the purposes of the Superannuation Act 2005 , the CEO is taken to have been retired from office on the ground of invalidity if:

                     (a)  the CEO is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the Board (within the meaning of the Superannuation Act 2005 ) gives an approval and certificate under section 43 of that Act.