Western Australian Consolidated Acts

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PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 6

6 .         Removal or suspension of Commissioner or Deputy Commissioner

        (1)         The Commissioner or Deputy Commissioner may, at any time, be suspended or removed from his office by the Governor on addresses from both Houses of Parliament.

        (2)         Where the Governor is satisfied that the Commissioner or Deputy Commissioner —

            (a)         is incapable of properly performing the duties of his office; or

            (b)         has shown himself incompetent properly to perform, or has neglected, those duties; or

            (c)         is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

            (d)         has been guilty of misconduct,

                he may suspend the Commissioner or Deputy Commissioner, as the case requires, from his office.

        (3)         When the Commissioner or Deputy Commissioner has been suspended from his office under subsection (2) he shall be restored to office unless —

            (a)         a statement of the grounds of his suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and

            (b)         each House of Parliament, during the session in which the statement is so laid, and within 30 sitting days of that statement being so laid, passes an address praying for his removal from his office.

        [Section 6 amended by No. 13 of 1982 s. 4; No. 18 of 2009 s. 62.]



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