South Australian Consolidated Acts

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POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) ACT 1985 - SECT 8

8—Removal from office

        (1)         The Governor may remove the Authority from office on the presentation of an address from both Houses of Parliament praying for his or her removal.

        (2)         The Governor may suspend the Authority from office on the grounds of incompetence or misbehaviour.

        (3)         Where the Authority is suspended from office under subsection (2), the suspension ceases to have effect—

            (a)         if a full statement of the reasons for the suspension is not laid before both Houses of Parliament within 7 sitting days of Parliament after the suspension; or

            (b)         on the expiration of one month from the date on which a statement is laid before both Houses of Parliament under paragraph (a), unless an address is presented to the Governor by both Houses of Parliament praying for the removal of the Authority.

        (4)         The office of the Authority becomes vacant if—

            (a)         he or she dies; or

            (b)         he or she resigns by written notice addressed to the Governor, or his or her term of office expires; or

            (c)         he or she is removed from office under subsection (1); or

            (d)         he or she is declared bankrupt; or

            (e)         he or she is imprisoned or convicted of an offence punishable by imprisonment for a term of 6 months or more; or

            (f)         he or she becomes a member of Parliament of the State, the Commonwealth or another State or Territory of the Commonwealth; or

            (g)         he or she is removed from office by the Governor on the ground of mental or physical incapacity to carry out satisfactorily the duties of his or her office.

        (5)         Except as provided by this section, the Authority is not to be removed or suspended from office nor is the office to become vacant.



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