Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
73Termination, or cessation, of appointment
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73 Termination, or cessation, of appointment
(1) A member’s appointment may be terminated on any of the following grounds: (a) the member’s misbehaviour or physical or mental incapacity (within the ordinary meaning of those words); (b) the member: (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; (c) the member engages in paid employment that conflicts or may conflict with the proper performance of his or her duties (see section 70); (d) the member fails, without reasonable excuse, to comply with section 74 (disclosure of interests by members). (2) A member’s appointment is terminated by force of this subsection if: (a) each House of the Parliament passes, in the same session, a resolution on a ground referred to in subsection (1); and (b) the ground on which the member’s appointment is to be terminated is the same in each resolution. Member who becomes Commonwealth or State judicial officer (5) If a member becomes a Commonwealth or State judicial officer, he or she ceases to be a member at the same time.