SCHEDULE 1 - Vacation of, and removal from, office of Commissioner

Section 5(3)

1.    Vacation of office

A person appointed as the Commissioner vacates that office if he or she –

(a) dies; or

(b) retires; or

(c) is removed from office under clause 2 .

2.    Removal from office

(1) The Minister may remove the Commissioner from office if the Commissioner –

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

(b) is convicted in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer or elsewhere of any crime or offence which if committed in Tasmania would be punishable by imprisonment for 12 months or longer; or

(c) is convicted of an offence against this Act.

(2) The Minister may remove the Commissioner from office if satisfied that the Commissioner –

(a) is unable to perform adequately or competently the duties of office; or

(b) has neglected to perform those duties; or

(c) is guilty of misconduct of such a nature that makes the Commissioner unsuitable to hold that office.