Vacancies and removal
10G Vacancies and removal
The office of a Commissioner becomes vacant if the Commissioner—
becomes an insolvent under administration; or
is convicted or found guilty of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or
is removed from office under subsection (2); or
resigns by notice in writing to the Minister.
The Governor in Council, on the recommendation of the Minister, may remove a Commissioner from office.
The Minister may recommend that the Governor in Council remove a Commissioner from office only if—
the Commissioner is incapable of performing the Commissioner's functions or duties; or
the Commissioner is negligent in performing the Commissioner's functions or duties; or
the Commissioner engages in improper conduct in performing the Commissioner's functions or duties; or
the Commissioner fails to disclose a pecuniary interest as required under section 10M; or
the Commissioner is convicted or found guilty of an offence against—
this Act; or
the Gas Safety Act 1997; or
the Electricity Safety Act 1998; or
the Pipelines Act 2005; or
the Minister considers that the Commissioner is no longer suitable to hold office.
S. 10H inserted by No. 4/2020 s. 25.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.