Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may remove a member from office on the ground of proved misbehaviour or physical or mental incapacity.
(2) The Minister may suspend a member from office on the ground of misbehaviour or physical or mental incapacity.
(3) Where the Minister suspends a member from office, the Governor - General may, on the recommendation of the Minister:
(a) remove the member from office;
(b) direct that the suspension of the member continue for such further period as the Governor - General specifies; or
(c) direct that the suspension of the member terminate.
(4) The suspension of a member from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.
(5) If:
(a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit;
(b) a member, being a member who has been appointed as a full - time member:
(i) engages, except with the approval of the Minister, in paid employment outside the duties of the member's office; or
(ii) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or
(c) a member fails, without reasonable excuse, to comply with the member's obligations under section 165;
the Governor - General shall remove the member from office.
(6) The Governor - General may, with the consent of a member who is:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(c) an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;
by notice in writing, retire the member on the ground of physical or mental incapacity.
(6A) The notice must specify the day on which the member is to be retired.
(6B) The day specified in the notice must not be a day earlier than the day on which the Governor - General signed the notice.
(7) A member shall not be suspended, removed or retired from office except as provided by this section.
(8) In spite of anything contained in this section, a member who:
(a) is an eligible employee for the purposes of the Superannuation Act 1976 ; and
(b) has not reached his or her maximum retiring age (within the meaning of that Act);
is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.
(9) In spite of anything contained in this section, a member who:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.
(10) In spite of anything contained in this section, a member who:
(a) is an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.