45Suspension and removal from office

45 Suspension and removal from office

(1) The Governor‑General may suspend a Commissioner, other than a Judge, from office on the ground of misbehaviour or physical or mental incapacity. (2) Where the Governor‑General suspends a Commissioner from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension. (3) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Commissioner should be restored to office and, if each House so passes a resolution, the Governor‑General shall terminate the suspension. (4) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor‑General may remove the Commissioner from office. (5) If a Commissioner, other than a Judge: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; (b) being a person holding office on a full‑time basis: (i) engages, except with the consent of the Minister, in paid employment outside the duties of his or her office; or (ii) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or (c) fails, without reasonable excuse, to comply with subsection 44(1), (2) or (3) or with a direction under subsection 44(4); the Governor‑General shall terminate the appointment of the Commissioner. (6) If a person appointed as a Commissioner is a Judge and that person ceases to be a Judge, the Governor‑General may terminate the appointment of that person. (7) A Commissioner shall not be removed from office except as provided by this section. (9) A Commissioner who is suspended from office under this section is not entitled to be paid any remuneration or allowances in respect of the period of suspension unless he or she is restored to office.