234Suspension of Administrator

234 Suspension of Administrator

(1) The Chair of the Ministerial Council is required to suspend the Administrator from office if requested to do so by: (a) at least 3 members of the Council who are Ministers of a State; or (b) the member of the Council who is a Minister of the Commonwealth. (2) A member of the Ministerial Council is not to request the suspension of the Administrator unless the member is satisfied that the Administrator: (a) is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or (b) has failed to comply with his or her obligations or duties as Administrator; or (c) has been accused or convicted of an offence that carries a penalty of imprisonment; or (d) has or may become bankrupt. (3) A suspension is to be effected by an instrument in writing and is to be notified by the Chair of the Ministerial Council to all members of the Council. (4) A suspension is terminated after a period of suspension of 60 days unless before the end of that period the Administrator is removed or resigns from office or a majority of the members of the Ministerial Council: (a) terminate the suspension; or (b) extend the suspension for a specified further period. (5) Despite subsection (1), the Chair of the Ministerial Council is not to suspend the Administrator from office within the period of 90 days after an earlier period of suspension was terminated unless a majority of the members of the Council request the Chair to do so.