Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The Executive may remove the commissioner from office on an address praying for the commissioner's removal on the ground of misbehaviour or physical or mental incapacity being presented to the Executive by the Legislative Assembly.
Note A person's appointment also ends if the person resigns (see Legislation Act
, s 210).
(2) The Executive may suspend the commissioner from office on the ground of misbehaviour or physical or mental incapacity.
(3) If the Executive suspends the commissioner from office, the Minister must present a statement of the grounds of the suspension to the Legislative Assembly within 7 sitting days after the day of the suspension.
(4) If a statement under subsection (3) has been presented to the Legislative Assembly, the Legislative Assembly may, within 15 sitting days after the day the statement was presented to it, by resolution, declare that the commissioner should be removed from office and, if the Legislative Assembly passes the resolution, the Executive must remove the commissioner from office.
(5) If, at the end of 15 sitting days after the day the statement was presented, the Legislative Assembly has not passed the resolution, the suspension ends.
(6) The Executive must end the commissioner's appointment if the commissioner becomes bankrupt or personally insolvent.
Note Bankrupt or personally insolvent —see the Legislation Act
, dictionary, pt 1.
(7) The commissioner must not be removed or suspended from office except as provided by this section.
(8) The suspension of the commissioner from office does not affect any entitlement of the commissioner to be paid remuneration and allowances.