Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The responsible Commonwealth Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.
(2) The responsible Commonwealth Minister may terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the CEO is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the responsible Commonwealth Minister's approval, in paid employment outside the duties of his or her office; or
(d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or
(e) the responsible Commonwealth Minister is satisfied that the performance of the CEO has been unsatisfactory for a significant period.
Conflict of interest
(3) If the responsible Commonwealth Minister becomes aware, whether because of a disclosure under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or otherwise, that the CEO has a material personal interest that could conflict with the proper performance of the CEO's duties, the responsible Commonwealth Minister must make a written determination either that the interest does, or that it does not, pose a significant risk of a conflict of interest.
(4) If the responsible Commonwealth Minister determines that the interest poses a significant risk, the responsible Commonwealth Minister must require the CEO to dispose of that interest within a period specified by the responsible Commonwealth Minister.
(5) If:
(a) the responsible Commonwealth Minister requires the CEO to dispose of an interest; and
(b) the CEO refuses or fails to comply with that requirement;
the responsible Commonwealth Minister must terminate the appointment of the CEO.
Duties relating to the Offshore Infrastructure Regulator
(6) To avoid doubt, the reference to the CEO's duties in subsection (3) includes the CEO's duties in respect of NOPSEMA in its capacity as the Offshore Infrastructure Regulator.