Suspension or removal from office
21 Suspension or removal from office
A Commissioner may, at any time, be suspended or removed from office by the Governor on addresses from both Houses of Parliament.
The Governor may suspend a Commissioner from office if the Governor is satisfied that the Commissioner —
is physically or mentally incapable of performing the duties of their office; or
has shown incompetence or neglect in performing 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 as defined in the Corruption, Crime and Misconduct Act 2003 section 4.
If a Commissioner is suspended under subsection (2), the suspended Commissioner is restored to office unless —
a statement of the grounds of suspension is laid before each House of Parliament during the first 7 sitting days of that House following the day of suspension; and
each House of Parliament, during the session in which the statement is so laid, and within 30 sitting days after it is so laid, passes an address requesting the removal of the suspended Commissioner from office.
This Act’s bill:Explanatory memorandumSecond reading speech
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