PRODUCTIVITY COMMISSION ACT 1998 - SECT 35 Termination of member
PRODUCTIVITY COMMISSION ACT 1998 - SECT 35
Termination of member(1) The Governor - General may terminate a Commissioner's appointment for misbehaviour or physical or mental incapacity.
(2) The Governor - General must terminate a Commissioner's appointment:
(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 makes an assignment of remuneration to them; or
(b) if the Commissioner is a full - time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or
(c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or
(d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or
(da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or
(e) if the Commissioner is a full - time Commissioner who engages in paid employment outside the duties of his or her office without the Minister's consent; or
(f) if the Commissioner is a part - time Commissioner who engages in paid employment that, in the Minister's opinion, conflicts with the proper performance of the Commissioner's duties.
(3) The Minister may terminate an Associate Commissioner's appointment for misbehaviour or physical or mental incapacity.
(4) The Minister must terminate an Associate Commissioner's appointment:
(a) if the Associate Commissioner:
(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 makes an assignment of remuneration to them; or
(b) if the Associate Commissioner is a full - time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or
(c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or
(d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or
(da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or
(e) if the Associate Commissioner is a full - time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister's consent; or
(f) if the Associate Commissioner is a part - time Associate Commissioner who engages in paid employment that, in the Minister's opinion, conflicts with the proper performance of the Associate Commissioner's duties.
(5) A member is not to be removed from office except as provided
in this section.