QLDIn ForceAct
Right to Information Act 2009
sec.163Suspension if Assembly not sitting
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### sec.163 Suspension if Assembly not sitting
If the Assembly is not sitting, the Governor in Council may suspend a commissioner from office.
The Governor in Council may suspend the commissioner only if—
the Premier has given the commissioner a statement setting out the reasons for the suspension; and
the Premier has considered any response by the commissioner to the statement.
The Premier must table the statement and any written response by the commissioner in the Assembly within 3 sitting days after the day the suspension begins.
The suspension stops having effect—
at the end of 6 sitting days after the day the suspension begins; or
if the commissioner is earlier suspended or removed from office on an address from the Assembly—at the earlier time.
If the suspension stops having effect under subsection (4) (a) , the commissioner is entitled to be paid salary and allowances for the period of the suspension.
Except as provided in subsection (5) , the commissioner is entitled to be paid salary and allowances for the period of the suspension only if—
the Assembly resolves that salary and allowances be paid for the period; or
the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of salary and allowances for the period.
(sec.163-ssec.1) If the Assembly is not sitting, the Governor in Council may suspend a commissioner from office.
(sec.163-ssec.2) The Governor in Council may suspend the commissioner only if— the Premier has given the commissioner a statement setting out the reasons for the suspension; and the Premier has considered any response by the commissioner to the statement.
(sec.163-ssec.3) The Premier must table the statement and any written response by the commissioner in the Assembly within 3 sitting days after the day the suspension begins.
(sec.163-ssec.4) The suspension stops having effect— at the end of 6 sitting days after the day the suspension begins; or if the commissioner is earlier suspended or removed from office on an address from the Assembly—at the earlier time.
(sec.163-ssec.5) If the suspension stops having effect under subsection (4) (a) , the commissioner is entitled to be paid salary and allowances for the period of the suspension.
(sec.163-ssec.6) Except as provided in subsection (5) , the commissioner is entitled to be paid salary and allowances for the period of the suspension only if— the Assembly resolves that salary and allowances be paid for the period; or the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of salary and allowances for the period.
- (a) the Premier has given the commissioner a statement setting out the reasons for the suspension; and
- (b) the Premier has considered any response by the commissioner to the statement.
- (a) at the end of 6 sitting days after the day the suspension begins; or
- (b) if the commissioner is earlier suspended or removed from office on an address from the Assembly—at the earlier time.
- (a) the Assembly resolves that salary and allowances be paid for the period; or
- (b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of salary and allowances for the period.