10Vacancy and resignation

10 Vacancy and resignation

(1) The office of the Regulator becomes vacant if the Regulator—

(a) resigns by notice in writing to the Minister; or

(b) becomes insolvent under administration; or

(c) is convicted or found guilty of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or

(d) is removed from office under subsection (2); or

(e) nominates for election for, or is elected to—

(i) the Parliament of Victoria; or

(ii) the Parliament of the Commonwealth or of another State or Territory of the Commonwealth; or

(iii) a Council within the meaning of section 3(1) of the Local Government Act 2020.

(2) The Governor in Council, on the recommendation of the Minister, may remove the Regulator from office.

(3) The Minister may recommend that the Governor in Council remove the Regulator from office on any of the following grounds—

(a) misconduct in carrying out the duties of the office;

(b) failing to disclose a material conflict of interest;

(c) neglect of duty;

(d) inability to perform the duties of the office;

(e) the Regulator has engaged in paid employment outside the duties of the office without the consent of the Minister.