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Essential Services Commission Act 2001
19Tenure of office of Chairperson
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19 Tenure of office of Chairperson
S. 19(1) substituted by No. 41/2021 s. 15.
(1) Subject to this Act, the Chairperson—
(a) holds office for such a period not exceeding 5 years as is specified in the instrument of appointment; and
(b) subject to this section, is eligible for re‑appointment.
(2) The Chairperson may be suspended from office by the Governor in Council, but must not be removed from office except in accordance with this Act.
(3) The Minister must cause to be laid before each House of the Parliament a full statement of the grounds of any suspension of the Chairperson within 7 sitting days of the House.
(4) The Chairperson so suspended must be restored to office by the Governor in Council unless each House of the Parliament, within 42 days after the day on which the statement is laid before it, and in the same session, declares by resolution that the Chairperson ought to be removed from office and, if each House within that time so declares, the Chairperson must be removed from office by the Governor in Council.
(5) The Chairperson ceases to hold office if he or she becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt debtors or compounds with his or her creditors or makes an assignment of his or her property for their benefit or a deed of arrangement under any law relating to bankruptcy.
(6) The Chairperson ceases to hold office if he or she nominates for election for either House of the Parliament of Victoria or for the Parliament of the Commonwealth or of another State or of a Territory.
(7) The Chairperson may at any time resign by writing signed and addressed to the Governor in Council.