(1) The Council may terminate the appointment of the NEPC Executive Officer because of misbehaviour or physical or mental incapacity.
(2) If the NEPC Executive Officer:
(a) engages in paid employment outside the duties of his or her office without the approval of the Council; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or
(c) becomes bankrupt or 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
(d) contravenes subsection 41(2) without reasonable excuse;
the Council must terminate his or her appointment.