Commonwealth Numbered Acts

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COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 62

Removal from office - other members
62. (1) This section applies to a member of the Disciplinary Tribunal other
than the President or a Deputy President.

(2) The Governor-General may remove from office a member of the Disciplinary
Tribunal to whom this section applies on an address praying for his removal on
the ground of proved misbehaviour or incapacity being presented to the
Governor-General by each House of the Parliament in the same session of the
Parliament.

(3) The Governor-General may suspend such a member of the Disciplinary
Tribunal from office on the ground of proved misbehaviour or incapacity.

(4) Where the Governor-General suspends a member of the Disciplinary Tribunal
from office under sub-section (3), the Minister shall cause a statement of the
grounds of the suspension to be laid before each House of the Parliament
within 7 sitting days of that House after the suspension.

(5) Where such a statement has been laid before a House of the Parliament,
that House may, within 15 sitting days of that House after the day on which
the statement has been laid before it, by resolution, declare that the member
of the Disciplinary Tribunal should be removed from office and, if each House
so passes such a resolution, the Governor- General shall remove the member of
the Disciplinary Tribunal from office.

(6) If, at the expiration of 15 sitting days of a House of the Parliament
after the day on which the statement has been laid before that House, that
House has not passed such a resolution, the suspension terminates.

(7) The suspension of a member of the Disciplinary Tribunal from office under
this section does not affect any entitlement of the member to be paid
remuneration and allowances.

(8) If a member of the Disciplinary Tribunal to whom this section applies
becomes bankrupt, or if the affairs of such a member are being dealt with
under Part X of the Bankruptcy Act 1966, the Governor- General shall remove
him from office.

(9) If a member of the Disciplinary Tribunal to whom this section applies
ceases to possess the qualifications necessary for his appointment, the
Governor-General shall remove him from office.

(10) Where the Governor-General is satisfied that a member of the
Disciplinary Tribunal to whom this section applies has failed, without
reasonable excuse, to comply with his obligations under section 84, the
Governor-General shall remove him from office.

(11) A member of the Disciplinary Tribunal to whom this section applies shall
not be removed or suspended from office except as provided by this section. 


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