146Suspension and removal of commissioner

146 Suspension and removal of commissioner (1) The Chief Minister may suspend the commissioner— (a) for alleged misconduct; or (b) for physical or mental incapacity, if the incapacity affects the commissioner’s ability to exercise a function; or Public Sector Standards Commissioner Division 8.1 (c) if the commissioner is convicted, or found guilty, in the ACT of an offence punishable by imprisonment for at least 1 year; or (d) if the commissioner is convicted, or found guilty, outside the ACT of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year. Note Found guilty—see the Legislation Act, dictionary, pt 1. (2) The Chief Minister must present the Legislative Assembly with a statement of the reasons for the suspension not later than the first sitting day after the day the commissioner is suspended. (3) If, not later than 6 sitting days after the day the statement is presented, the Legislative Assembly resolves to require the Chief Minister to end the commissioner’s appointment, the Chief Minister must end the commissioner’s appointment. (4) The commissioner’s suspension ends— (a) if the Chief Minister does not comply with subsection (2)— at the end of the day the Chief Minister should have presented to the Legislative Assembly the statement mentioned in that subsection; or (b) if the Assembly does not pass a resolution mentioned in subsection (3) before the end of the 6 sitting days—at the end of the 6th sitting day. Note An appointment also ends if the appointee resigns (see Legislation Act, s 210). (5) The commissioner is entitled to be paid salary and allowances while suspended.