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COMMONWEALTHAct
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s 189

Termination of appointment

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 9Murray‑Darling Basin Authority (administrative provisions)
Division 2Authority’s constitution and membership
Subdivision CTerms and conditions for Authority members

189 Termination of appointment

(1)

The Governor‑General may terminate the appointment of an Authority member for misbehaviour or physical or mental incapacity.

(2)

The Governor‑General may terminate the appointment of an Authority member if:

(a)

the member:

(i)

becomes bankrupt; or

(ii)

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

(iii)

compounds with his or her creditors; or

(iv)

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

(b)

the Minister is satisfied that the performance of the member has been unsatisfactory; or

(c)

if the member is the Chief Executive—the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 consecutive months; or

(d)

the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority; or

(e)

if the member is the Chief Executive—the member engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

(ea)

if the member is not the Chief Executive—the member engages, except with the Minister’s approval, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or

(f)

the member fails to comply with section 186; or

(g)

if the member is not the Chief Executive—the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules

Note:

The appointment of the Chief Executive 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).

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