44Termination of appointment

#### 44 Termination of appointment Misbehaviour or incapacity (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity. Bankruptcy etc. (2) The Governor‑General must terminate the appointment of the CEO if: (a) the CEO: (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 CEO is absent, except on leave of absence granted under section 39, for 14 consecutive days, or for 28 days in any 12 months; or (c) the CEO fails, without reasonable excuse, to comply with section 41; or (d) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office. Unsatisfactory performance (3) The Governor‑General may terminate the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory. Invalidity (4) In spite of anything contained in this section, if the CEO: (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; then he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act. (5) In spite of anything contained in this section, if the CEO: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; then he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.