18Termination of appointment

18 Termination of appointment

All Commissioners (1) The Minister may terminate the appointment of a Commissioner: (a) for misbehaviour; or (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity. (2) The Minister may terminate the appointment of a Commissioner if the Commissioner: (a) becomes bankrupt; or (b) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with one or more of the Commissioner’s creditors; or (d) makes an assignment of the Commissioner’s remuneration for the benefit of one or more of the Commissioner’s creditors.

Note: The appointment of a Commissioner may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

Additional grounds for full‑time Commissioner (3) The Minister may terminate the appointment of a full‑time Commissioner if: (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (b) the Commissioner engages, except with the Minister’s approval, in paid employment outside the duties of the Commissioner’s office (see section 15). Additional ground for part‑time Commissioner (4) The Minister may terminate the appointment of a part‑time Commissioner if the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of Infrastructure Australia.