Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner
may at any time, by written notice addressed to the Governor, resign from
office, and, on receipt of that resignation by the Governor, the Commissioner
vacates office as Commissioner.
(2) The Commissioner,
if he or she is nominated for election for the Parliament of the Commonwealth,
or of any State or Territory, vacates office as Commissioner.
(3) The Commissioner
may, at any time, be removed or suspended from office by the Governor on
addresses from both Houses of Parliament.
(4) Notwithstanding
subsection (3), if the Governor is satisfied that the
Commissioner —
(a) is
incapable of properly performing the functions of his or her office;
(b) has
shown himself or herself incompetent properly to perform, or has neglected to
perform, the functions of his or her office;
(c) has
applied to take, or has taken, advantage of the law of any country relating to
bankruptcy, or has compounded, or entered into any arrangement, with his or
her creditors; or
(d) has
been guilty of misconduct,
the Governor may
suspend him or her from office.
(5) When the
Commissioner has been suspended from office under subsection (4), the
Commissioner shall be restored to office unless —
(a) a
statement of the grounds of that suspension is laid before each House of
Parliament during the first 7 sitting days of that House following that
suspension; and
(b) each
House of Parliament, during the session in which the statement referred to in
paragraph (a) is laid before it and within 30 sitting days of that
statement being so laid, passes an address praying for the removal of the
Commissioner from office.
(6) The Commissioner
shall not, except so far as he or she is authorised so to do by resolutions of
both Houses of Parliament —
(a) hold
any office or place referred to in Part 1 or 2 of Schedule V to the
Constitution Acts Amendment Act 1899 (other than the office of
Commissioner) or be a member of any commission, council, board, committee,
authority, trust or other body referred to in Part 3 of that Schedule; or
(b)
engage in any occupation for reward outside the functions of the office of
Commissioner.
(7) Without limiting
the generality of subsection (4)(d), the Commissioner shall be regarded
for the purposes of subsection (4)(d) as being guilty of misconduct if he
or she contravenes subsection (6).