Commonwealth Consolidated Acts

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AIR SERVICES ACT 1995 - SECT 32

Termination of appointment of appointed members

             (1)  The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of an appointed member if:

                     (a)  the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

                     (b)  the member (other than a full‑time Chairperson):

                              (i)  engages in paid employment that the Minister thinks is in conflict with the proper performance of the member's duties; or

                             (ii)  is absent, except on leave of absence granted under section 30, from 3 consecutive meetings of the Board; or

                     (c)  the Minister thinks that the performance of the member has been unsatisfactory for a significant period of time; or

                     (d)  the member fails, without reasonable excuse, to comply with section 21 of the Commonwealth Authorities and Companies Act 1997 .

             (3)  The Minister may terminate the appointment of a full‑time Chairperson if the Chairperson:

                     (a)  engages in paid employment outside the duties of his or her office without the Minister's approval; or

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

             (4)  If the Minister is of the opinion that the performance of the members or the performance of AA has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all appointed members or particular appointed members.

             (5)  If the Minister is of the opinion that:

                     (a)  AA has failed to comply with section 18; or

                     (b)  the members have failed to comply with:

                              (i)  subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997 ; or

                             (ii)  paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997 ;

the Minister may terminate the appointment of all appointed members or particular appointed members.



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