Australian Capital Territory Consolidated Acts

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ELECTORAL ACT 1992 - SECT 29

Suspension or ending of appointment of commissioner

    (1)     The Executive may suspend the commissioner from duty for misbehaviour or physical or mental incapacity.

    (2)     On the first sitting day after the day when the commissioner is suspended, the Minister shall present a statement of the reasons for the suspension to the Legislative Assembly.

    (3)     If, within 7 sitting days after a statement is presented in accordance with subsection (2), the Legislative Assembly passes a resolution requiring the Executive to end the appointment of the commissioner, the Executive shall end the appointment of the commissioner.

    (4)     If—

        (a)     the Minister does not present a statement in accordance with subsection (2); or

        (b)     the Legislative Assembly does not pass a resolution in accordance with subsection (3);

the commissioner shall resume his or her duties.

    (5)     The commissioner is entitled to be paid remuneration and allowances during any suspension.

    (6)     The Executive shall end the appointment of the commissioner if he or she—

        (a)     is absent without leave granted under section 27 from 3 consecutive meetings of the commission; or

        (b)     contravenes section 21 without reasonable excuse; or

        (c)     is convicted of an offence in Australia or elsewhere punishable by imprisonment for 12 months or longer.

Note     A person's appointment also ends if the person resigns (see Legislation Act 2001 , s 210).



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