9BSuspension—generally

9B Suspension—generally (1) The Speaker may suspend the auditor-general on the ground of— (a) misbehaviour; or (b) physical or mental incapacity, if the incapacity substantially affects the exercise of the auditor-general’s functions. Note Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180). (2) If the Speaker is considering suspending the auditor-general, the Speaker may ask 1 or more of the following for advice about the proposed suspension: (a) the public sector standards commissioner; (b) anyone else the Speaker considers appropriate.

The auditor-general Part 2 Other provisions applying to auditor-general Division 2.3 Section 9BA R22 18/09/24 Auditor-General Act 1996 Effective: 18/09/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the Speaker suspends the auditor-general, the Speaker must give the auditor-general written notice of the suspension and a copy of a statement of the reasons for the suspension. Note For what must be included in a statement of reasons, see the Legislation Act, s 179. (4) The suspension takes effect when the notice and statement are given to the auditor-general under subsection (3). (5) The auditor-general may be suspended only under this section. (6) The auditor-general is entitled to be paid salary and allowances while suspended. 9BA Suspension—relevant Assembly committee notice and meetings (1) If the Speaker suspends the auditor-general, the Speaker must give written notice of the suspension and a copy of the statement of the reasons for the suspension to each member of the relevant Assembly committee not later than the next business day, or if the committee has not been established, the next business day after the day the committee is established. (2) The relevant Assembly committee must meet in relation to the auditor-general’s suspension— (a) not later than 3 business days after the day the committee is given written notice of the suspension (the notice day); and (b) at subsequent intervals of not longer than 30 days while the auditor-general is suspended (a regular meeting). (3) The relevant Assembly committee must give the auditor-general written notice that a regular meeting will be held at least 3 business days before the day the meeting is to be held. (4) The auditor-general may make an oral or written submission (or both) to the committee about the auditor-general’s suspension.

Part 2 The auditor-general Division 2.3 Other provisions applying to auditor-general Section 9BB page 12 Auditor-General Act 1996 Effective: 18/09/24 R22 18/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at (5) At each regular meeting, the relevant Assembly committee must review the auditor-general’s suspension and may at any time pass a resolution about the suspension, including a resolution— (a) recommending to the Speaker that the Speaker end the suspension; or (b) to make a statement to the Legislative Assembly recommending that the Speaker end the auditor-general’s appointment. 9BB Suspension—ending suspension (1) If the Speaker does not comply with section 9BA (1), the suspension ends at the end of the notice day. (2) If the relevant Assembly committee fails to hold a meeting as required under section 9BA (2), the suspension ends on the day after the last day when the meeting could have been held. (3) If the relevant Assembly committee makes a recommendation mentioned in section 9BA (5) (a) and the Speaker does not end the suspension within 1 business day after the day the recommendation is made— (a) the committee may at any time resolve to make a statement to the Legislative Assembly recommending that the suspension be ended; and (b) if the committee makes a statement mentioned in paragraph (a) and— (i) the Legislative Assembly resolves to end the suspension— the suspension ends on the passing of the resolution; or (ii) the Legislative Assembly does not deal with the statement within 3 sitting days—the suspension ends at the end of the 3rd sitting day.