Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 18D

Ending of appointment

    (1)     The Speaker must end the appointment of a member of the electoral commission if—

        (a)     the Legislative Assembly

              (i)     passes a resolution under section 18C (4) (a); or

              (ii)     otherwise resolves to require the Speaker to end the member's appointment—

    (A)     for misbehaviour; or

    (B)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions; or

        (b)     the member becomes bankrupt or personally insolvent.

    (2)     For a resolution mentioned in subsection (1) (a) (ii)—

        (a)     at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly

              (i)     the Assembly must be given the notice of the motion and a statement of reasons for the motion; and

              (ii)     the Speaker must—

    (A)     give the member a copy of the notice and the statement of reasons; and

    (B)     tell the member that a written submission about the motion may be made to the Speaker not later than 3 days after the day the member is given the notice; and

        (b)     the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.

    (3)     The Speaker may end a member's appointment if—

        (a)     the member contravenes section 21 (Disclosure of interests—meetings) without reasonable excuse; or

        (b)     for the commissioner—the commissioner is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months; or

        (c)     for a member other than the commissioner—the member is absent, except on leave granted by the Speaker, from 3 consecutive meetings of the electoral commission.

    (4)     The member's appointment may be ended by the Speaker only under this section or section 18 (Retirement).



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