(1)

The Minister may terminate the appointment of an ordinary member for misbehaviour or physical or mental incapacity.

(2)

If an ordinary member:

(a) is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20; or
(b) contravenes section 31 without reasonable excuse;

the Minister may terminate the appointment of the member.

(3)

The Minister must not terminate the appointment of a member under subsection (1) or (2) unless the termination has been recommended by resolution of the Australian Transport Council, carried in accordance with the Agreement.