11Removal and suspension of Commissioners

### 11 Removal and suspension of Commissioners > > (1)  *\[Section 11 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 \]**\[Section 11 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 \]*Except on resolutions presented to the Governor by both Houses of Parliament praying for his removal from office on the ground of incompetence or misbehaviour, the Governor shall not remove a Commissioner from office unless he – > > > > > > (a) holds another office of profit, or engages in paid employment outside the functions of his office, without the permission of the Governor; > > > > > > > (b) holds another office or a position the holding of which, in the opinion of the Governor, is inconsistent with the functions of his office; > > > > > > > (ba) .  .  .  .  .  .  .  .   > > > > > > > (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; > > > > > > > (d) is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for 6 months or upwards, or unless he is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable or unless he has been convicted, whether in Tasmania or elsewhere, of a crime or an offence for which he has been sentenced to imprisonment; > > > > > > > (e) absents himself from the functions of his office, except on leave granted by the Governor; or > > > > > > > (f) becomes, in the opinion of the Governor, permanently incapable of performing the functions of his office. > > > (2)  The Governor may suspend a Commissioner from office on the grounds of incompetence or misbehaviour. > > > (3)  [*\[Section 11 Subsection (3) omitted by No. 18 of 1997, s. 7, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS7@EN) .  .  .  .  .  .  .  .   > > > (4)  Where a Commissioner has been suspended by the Governor, the Commissioner shall be restored to his office unless – > > > > > > (a) a statement of the grounds of the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and > > > > > > > (b) each House of Parliament, within 30 sitting days after the statement is so laid before it, passes a resolution requesting the Governor to remove him from office on the grounds of incompetence or misbehaviour. > > > (5)  Where a Commissioner is suspended from office under [subsection (2)](#GS11@Gs2@EN) and each House of Parliament does not pass a resolution, within the period referred to in [subsection (4)](#GS11@Gs4@EN) [(b)](#GS11@Gs4@Hpb@EN) , requesting the Governor to remove that person from office, the Commissioner shall be entitled to receive his full salary and allowances in respect of the period during which he was suspended. > > > (6)  *\[Section 11 Subsection (6) inserted by No. 59 of 1992, s. 8 \]*[*\[Section 11 Subsection (6) omitted by No. 104 of 2000, s. 7, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS7@EN) .  .  .  .  .  .  .  .