Intelligence Services Act 2001

The Governor‑General may terminate the appointment of the Director‑General of ASD:

for misbehaviour; or

if the Director‑General is unable to perform the duties of his or her office because of physical or mental incapacity.

The Governor‑General must terminate the appointment of the Director‑General of ASD if:

the Director‑General:

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 Director‑General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Director‑General engages in paid work that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the Director‑General’s duties (see section 27L); or

the Director‑General lacks, or has lost, an essential qualification for performing the duties of his or her office.

The appointment of the Director‑General of ASD may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

The Governor‑General may, with the Director‑General of ASD’s consent, retire the Director‑General from office on the ground of incapacity if the Director‑General is:

an eligible employee for the purposes of the Superannuation Act 1976; or

a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005.