ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 127 Termination of appointment

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 127

  (1)   The Minister may terminate a commissioner's appointment for misbehaviour or physical or mental incapacity.

  (2)   The Minister must terminate the appointment of a commissioner if:

  (a)   the commissioner:

  (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 commissioner fails, without reasonable excuse, to comply with section   128 (about disclosure of interests); or

  (c)   the Minister becomes aware that the commissioner has a pecuniary or other interest in the subject - matter of the inquiry and the Minister considers that the commissioner should not continue to participate in the conduct of the inquiry.

  (3)   The Minister must terminate the appointment of a commissioner on a full - time basis if:

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

  (b)   the commissioner engages, except with the Minister's approval, in paid employment outside the duties of his or her office.

  (4)   The Minister must terminate the appointment of a commissioner on a part - time basis if:

  (a)   the commissioner is absent, except on leave of absence, from 3 consecutive meetings of his or her commission (if it consists of 2 or more commissioners); or

  (b)   the commissioner engages in paid employment that, in the Minister's opinion, conflicts or could conflict with the proper performance of the duties of his or her office.