Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1976 - SECT 23

Termination of appointment

             (1)  The Governor‑General may terminate the appointment of the Commissioner for misbehaviour or physical or mental incapacity.

             (2)  If the Commissioner:

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

                    (aa)  fails, without reasonable excuse, to comply with the Commissioner's obligations under subsection (3);

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

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

the Governor‑General shall, by notice published in the Gazette , declare that the office of the Commissioner is vacant, and thereupon the office shall be deemed to be vacant.

             (3)  The Commissioner shall give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business or in any body corporate carrying on any business.

             (4)  The reference in subsection (3) to the Commissioner shall be read as including a person acting as Commissioner by virtue of an appointment under section 24.



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