Commonwealth Numbered Acts

RESOURCE ASSESSMENT COMMISSION ACT 1989 No. 94, 1989 - SECT 45

45. (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 granted by the Minister in
               accordance with section 49, 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.

(8) Where a 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 shall be taken, for the
purposes of that Act, to have been retired on the ground of invalidity on the
day on which he or she was suspended from office.

(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.