sec.21Vacancy in office of commissioner

### sec.21 Vacancy in office of commissioner The office of the commissioner becomes vacant if the commissioner— completes a term of office and is not reappointed; or resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or is suspended by the Minister under subsection (4) . The Governor in Council may, at any time, remove the commissioner from office on the recommendation of the Minister. The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently. The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section. s 21 amd 2023 No. 23 s 247 sch 1 s 2 (2) ; 2025 No. 21 s 52 (sec.21-ssec.1) The office of the commissioner becomes vacant if the commissioner— completes a term of office and is not reappointed; or resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or is suspended by the Minister under subsection (4) . (sec.21-ssec.2) The Governor in Council may, at any time, remove the commissioner from office on the recommendation of the Minister. (sec.21-ssec.3) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently. (sec.21-ssec.4) The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section. - (a) completes a term of office and is not reappointed; or - (b) resigns office by signed notice to the Minister giving at least 1 month’s notice; or - (c) is convicted of an indictable offence; or - (d) is a person who is an insolvent under administration; or - (e) is removed from office by the Governor in Council under subsection (2) ; or - (f) is suspended by the Minister under subsection (4) . - (a) has been guilty of misconduct; or - (b) is incapable of performing his or her duties; or - (c) has neglected his or her duties or performed them incompetently. - (a) there is an allegation of misconduct against the commissioner; or - (b) the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.