19Termination of appointments

##### 19 Termination of appointments (1) The Minister may terminate the appointment of a member: (a) for misbehaviour; or (b) for physical or mental incapacity. (2) If: (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; (b) a member, being a Chairperson who has been appointed as a full‑time member: (i) engages, except with the approval of the Minister, in paid employment outside the duties of the office of Chairperson; or (ii) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; (c) a member, not being a Chairperson who has been appointed as a full‑time member: (i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member; or (ii) is absent, except on leave of absence granted under section 17, from 3 consecutive meetings of the Board; (ca) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time; or (d) a member fails, without reasonable excuse, to comply with the member’s obligations under section 21 of the Commonwealth Authorities and Companies Act 1997; the Minister shall terminate the appointment of the member. (2A) Subsections (1) and (2) do not apply to the Chief Executive Officer. (2B) If the Minister is of the opinion that the performance of the Board or the Corporation has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer). (2C) If the Minister is of the opinion that: (a) the Board has failed to comply with section 42B; or (b) the members have failed to comply with: (i) subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997; or (ii) paragraph 16(1)(a) or (b) or the Commonwealth Authorities and Companies Act 1997; the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer). (3) Where a Chief Executive Officer is dismissed from the office of Chief Executive Officer, he or she shall be taken to have resigned as a member of the Board on the day on which he or she is so dismissed.