Commonwealth Numbered Acts

INDUSTRY COMMISSION ACT 1989 No. 9 of 1990 - SECT 38

38. (1) The Governor-General may suspend a Commissioner or an Associate
Commissioner from office for proved misbehaviour or physical or mental
incapacity.

(2) If the Governor-General does so, the Minister is to 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 the 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 or Associate Commissioner should be restored to office and, if
each House so passes a resolution, the Governor-General is to terminate the
suspension.

(4) If, at the end 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 or
Associate Commissioner from office.

(5) If:

   (a)  a Commissioner or Associate Commissioner 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; or

   (b)  a Commissioner:

   (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 granted under this
        Part, for 14 consecutive days or for 28 days in any 12 months; or

   (c)  an Associate Commissioner engages in paid employment that, in the
        opinion of the Minister, conflicts with the proper performance of his
        or her duties; or

   (d)  a Commissioner or Associate Commissioner fails, without reasonable
        excuse, to comply with section 42; the Governor-General may remove the
        Commissioner or Associate Commissioner from office.

(6) Where a Commissioner or Associate Commissioner who is an eligible employee
for the purposes of the Superannuation Act 1976 is removed from office under
subsection (4) on the ground of physical or mental incapacity, he or she is to
be treated, for the purposes of that Act, as having been retired on the ground
of invalidity on the day on which he or she was suspended from
office.   (7) A Commissioner or Associate 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.

(8) A Commissioner or Associate Commissioner is not to be removed from office
except as provided by this section.