23Termination of appointment

#### 23 Termination of appointment (1) The Governor‑General may terminate the appointment of the Director‑General of ASIS for misbehaviour or physical or mental incapacity. (2) The Governor‑General must terminate the appointment of the Director‑General of ASIS if: (a) the Director‑General: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Director‑General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Director‑General engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or (d) the Director‑General fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. (3) The Governor‑General may, with the Director‑General’s consent, retire the Director‑General of ASIS from office on the ground of incapacity if the Director‑General is: (a) an eligible employee for the purposes of the Superannuation Act 1976; or (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005.