Electoral Act 2004

(1) The

Administrator may suspend the Commissioner from duty if:

(a) the

Commissioner becomes physically or mentally incapable of satisfactorily performing official duties; or

(b) the

Commissioner engages in corrupt conduct as defined in section 10 of the Independent Commissioner Against Corruption Act 2017; or

(c) the

Commissioner engages in paid employment outside the duties of office without the Minister's approval; or

(d) the

Commissioner is absent from duty, without the approval of the

Minister and without reasonable excuse, for 28 consecutive days or for 42 days in any period of 12 months.

(2) The

Minister must immediately give the Commissioner a statement of reasons for the suspension.

(3) The

Minister must table in the Legislative Assembly the statement and any written response by the Commissioner within 6 sitting days after the suspension.

(4) If, within 6 sitting days after the statement is tabled, a resolution of the Legislative Assembly is passed by a two-thirds majority of all of the Assembly requiring the Administrator to terminate the

Commissioner's appointment, the Administrator must terminate the

Commissioner's appointment.

(5) The suspension of the Commissioner is lifted if:

(a) the

Minister does not table the statement under subsection (3); or

(b) the

Legislative Assembly does not pass a resolution in accordance with subsection (4).

(6) The

Commissioner is entitled to be paid remuneration and allowances during the period of suspension.