Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of
5C Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of
The Electoral Commissioner may, at any time, be suspended or removed from the office by the Governor on addresses from both Houses of Parliament.
Where the Governor is satisfied that the Electoral Commissioner —
is incapable of properly performing the duties of the office; or
is incompetent to properly perform, or has neglected, those duties; or
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
has been guilty of misconduct,
the Governor may suspend the Electoral Commissioner from the office.
When the Electoral Commissioner has been suspended from the office under subsection (2) the Electoral Commissioner must be restored to office unless —
a statement of the grounds of the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and
each House of Parliament, during the session in which the statement is so laid, and within 30 sitting days of that statement being so laid, passes an address praying for the Electoral Commissioner’s removal from the office.
[Section 5C inserted: No. 40 of 1987 s. 20; amended: No. 18 of 2009 s. 34; No. 30 of 2023 s. 182.]
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