sec.57Termination of appointment

sec.57 Termination of appointment

The Governor in Council may, on an address or resolution from the Legislative Assembly, terminate the appointment of the energy and water ombudsman if the ombudsman— is found guilty of an indictable offence; or becomes incapable of performing the functions of the energy and water ombudsman because of physical or mental incapacity; or becomes an insolvent under administration; or is guilty of misconduct of a type that could warrant dismissal from the public service if the energy and water ombudsman were an officer of the public service; or contravenes section 54 . The Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply for the energy and water ombudsman. In this section— insolvent under administration means— a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated. s 57 amd 2010 No. 53 s 3 sch 1 (sec.57-ssec.1) The Governor in Council may, on an address or resolution from the Legislative Assembly, terminate the appointment of the energy and water ombudsman if the ombudsman— is found guilty of an indictable offence; or becomes incapable of performing the functions of the energy and water ombudsman because of physical or mental incapacity; or becomes an insolvent under administration; or is guilty of misconduct of a type that could warrant dismissal from the public service if the energy and water ombudsman were an officer of the public service; or contravenes section 54 . (sec.57-ssec.2) The Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply for the energy and water ombudsman. (sec.57-ssec.3) In this section— insolvent under administration means— a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.