Commonwealth Consolidated Acts

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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 13

Termination of appointment (not Judges)

             (1)  The Governor-General may terminate the appointment of a member if an address praying for the termination, on one of the following grounds, is presented to the Governor-General by each House of the Parliament in the same session:

                     (a)  proved misbehaviour;

                     (b)  the member is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor-General may terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or

                            (iii)  compounds with one or more of his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

                     (b)  the member is a full-time member and is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the member is a part-time member and is unavailable, except on leave of absence, to perform the duties of his or her office for more than 3 months; or

                     (d)  the member contravenes section 11 (outside employment); or

                     (e)  the member fails, without reasonable excuse, to comply with section 14 (disclosure of interests).

             (3)  The Governor-General may terminate the appointment of a member assigned to the Migration and Refugee Division if the member has a direct or indirect pecuniary interest in an immigration advisory service.

             (4)  The appointment of a member may not be terminated other than in accordance with this section.

             (5)  This section does not apply in relation to a member who is a Judge.



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