Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may terminate the appointment of the Director of Military Prosecutions:
(a) for misbehaviour; or
(b) if the Director is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister must terminate the appointment of the Director of Military Prosecutions if the Director of Military Prosecutions:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in practice as a legal practitioner outside the duties of his or her office; or
(d) without the approval of the Minister, engages in paid employment outside the duties of his or her office; or
(e) fails, without reasonable excuse, to comply with his or her obligations under section 188GO.
(3) The Director of Military Prosecutions ceases to hold office if:
(a) he or she ceases to be enrolled as a legal practitioner; or
(b) he or she is no longer:
(i) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or
(ii) a member of the Reserves who is rendering continuous full - time service.