46HTermination of appointment

#### 46H Termination of appointment Misbehaviour or incapacity (1) The Governor‑General may terminate the appointment of an examiner for misbehaviour or physical or mental incapacity. Bankruptcy etc. (2) The Governor‑General must terminate the appointment of an examiner if: (a) the examiner: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the examiner (being a full‑time examiner) is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or (c) the examiner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or (d) the examiner (being a full‑time examiner) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see subsection 46G(1)); or (e) the examiner (being a part‑time examiner): (i) engages in paid employment that, in the CEO’s opinion, conflicts or may conflict with the proper performance of his or her duties (see subsection 46G(2)); or (ii) does not comply with a requirement under subsection 46G(3) (notifying the CEO of employment details). Invalidity (3) In spite of anything contained in this section, an examiner who: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her maximum retiring age (within the meaning of that Act); is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act. (4) In spite of anything contained in this section, an examiner who: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act. (5) In spite of anything contained in this section, an examiner who: (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and (b) is under 60 years of age; is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.