South Australian Consolidated Acts

HIGHWAYS ACT 1926 - SECT 12

12—Dismissal of Commissioner from office

        (1)         The Governor may, at any time, dismiss the Commissioner from his office—

            (a)         for misbehaviour or incompetence; or

            (b)         if he is adjudicated insolvent, or makes a statutory assignment for the benefit of his creditors, or compounds with his creditors for less than one hundred cents in the dollar; or

            (c)         if he wilfully absents himself from his duty for a period of fourteen consecutive days except on leave granted by the Minister; or

            (d)         if he becomes in any way, except as Commissioner, concerned or interested in any contract made by or on behalf of the Commissioner, or in any way participates or claims to be entitled to participate directly or indirectly in the profits thereof, or in any benefit or emolument arising therefrom.

        (2)         Except as provided by subsection (1) of this section no Commissioner shall be dismissed from his office during the term thereof unless an address praying for his dismissal is presented to the Governor from both Houses of Parliament in one session, or from one House in one session, and from the other in the next session.

        (3)         If the Commissioner becomes a member of the Executive Council or of either House of Parliament of the State or of the Commonwealth, he shall thereupon cease to hold office as Commissioner.