WORKPLACE RELATIONS ACT 1996 - SECT 43 Termination of appointment
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 43
Termination of appointment(1) The Governor‑General may terminate the appointment of an AFPC Commissioner if:
(a) the AFPC 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 AFPC Commissioner fails, without reasonable excuse, to comply with section 41; or
(c) the AFPC Commissioner has or acquires interests (including by being an employer or employee) that the Minister considers conflict unacceptably with the proper performance of the AFPC Commissioner's duties; or
(d) the AFPC Commissioner is absent, except on leave of absence, to an extent that the Minister considers excessive.
(2) Subject to subsections (3), (4) and (5), the Governor‑General may terminate the appointment of an AFPC Commissioner for misbehaviour or physical or mental incapacity.
(3) If an AFPC Commissioner:
(a) is an eligible employee for the purposes of the Superannuation Act 1976 ; and
(b) has not reached his or her maximum retiring age within the meaning of that Act;
his or her appointment cannot be terminated for physical or mental incapacity unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.
(4) If an AFPC Commissioner:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and
(b) is under 60 years of age;
his or her appointment cannot be terminated for physical or mental incapacity unless the Board (within the meaning of that Act) has given a certificate under section 13 of that Act.
(5) If an AFPC Commissioner:
(a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and
(b) is under 60 years of age;
his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.