37Termination of appointment

##### 37 Termination of appointment (1) The appointing authority must terminate the appointment of a member or associate member if the Minister is of the opinion that the performance of the member or associate member has been unsatisfactory for a significant period of time. (2) The Governor‑General must terminate the appointment of all of the members and associate members if the Minister is of the opinion that the performance of the ACA has been unsatisfactory for a significant period of time. (3) The appointing authority may terminate the appointment of a member or associate member because of misbehaviour or physical or mental incapacity. (4) If: (a) a member or associate member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (b) a full‑time member or full‑time associate member: (i) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or (ii) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) a part‑time member or part‑time associate member: (i) engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties or the associate member’s duties, as the case requires; or (ii) is absent, except on leave of absence, from 3 consecutive meetings of the ACA; or (d) a member or associate member fails, without reasonable excuse, to comply with section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 (in so far as that section relates to the ACA); the appointing authority may terminate the appointment of the member or associate member, as the case requires. (5) If the Minister is of the opinion that the members have failed to comply with section 48 or 50, the Governor‑General may terminate the appointment of all members or particular members. (6) If the Minister is of the opinion that the members have failed to comply with section 9 of the Commonwealth Authorities and Companies Act 1997 (in so far as that section relates to the ACA), the Governor‑General may terminate the appointment of all members or particular members. (7) If the Minister is of the opinion that the members have failed to comply with any of the following provisions (in so far as those provisions relate to the ACA): (a) subsection 13(2) or 15(1) of the Commonwealth Authorities and Companies Act 1997; (b) paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997; the Governor‑General may terminate the appointment of all members or particular members.