Penalties and Sentences Act 1992

A member’s office becomes vacant if—

the member resigns office by signed notice given to the Attorney-General; or

the member’s appointment is terminated by the Governor in Council under subsection (3).

A notice given by a member under subsection (1)(a)—

must—

state the day the member’s resignation takes effect; and

be given to the Attorney-General at least 30 days before the stated day; and

takes effect on the stated day or another day agreed between the member and the Attorney-General.

The Governor in Council may terminate the appointment of a member if the Attorney-General recommends that the member’s appointment be terminated.

The Attorney-General may recommend that a member’s appointment be terminated only if satisfied that the member—

is incapable of performing the member’s duties; or

has been convicted, including by summary conviction, of an indictable offence; or

has neglected the member’s duties or performed them incompetently or inefficiently.