Environment Protection and Biodiversity Conservation Act 1999

The Minister may terminate a commissioner’s appointment for misbehaviour or physical or mental incapacity.

The Minister must terminate the appointment of a commissioner if:

the commissioner:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the commissioner fails, without reasonable excuse, to comply with section 128 (about disclosure of interests); or

the Minister becomes aware that the commissioner has a pecuniary or other interest in the subject‑matter of the inquiry and the Minister considers that the commissioner should not continue to participate in the conduct of the inquiry.

The Minister must terminate the appointment of a commissioner on a full‑time basis if:

the commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the commissioner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.

The Minister must terminate the appointment of a commissioner on a part‑time basis if:

the commissioner is absent, except on leave of absence, from 3 consecutive meetings of his or her commission (if it consists of 2 or more commissioners); or

the commissioner engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of his or her office.