Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 35

Suspension and removal of members of Tribunal.
35. (1) The Governor-General may suspend a member of the Tribunal from office
on the ground of misbehaviour or physical or mental incapacity.

(2) The Attorney-General shall cause a statement of the ground of the
suspension to be laid before each House of the Parliament within 7 sitting
days of the House after the suspension.

(3) Where such a statement has been laid before a House of the Parliament,
that House may, within 15 sitting days of that House after the day on which
the statement has been laid before it, by resolution, declare that the member
of the Tribunal should be restored to office and, if each House so passes a
resolution, the Governor-General shall terminate the suspension.

(4) If, at the expiration of 15 sitting days of a House of the Parliament
after the day on which the statement has been laid before that House, that
House has not passed such a resolution, the Governor-General may remove the
member of the Tribunal from office.

(5) If a member of the Tribunal becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or insolvent debtors, compounds with his
creditors or makes an assignment of his remuneration for their benefit, the
Governor-General shall remove him from office.

(6) A member of the Tribunal shall not be removed from office except as
provided by this section.

(7) A presidential member of the Tribunal ceases to hold office if he no
longer holds office as a person referred to in paragraph 31 (1) (a) or (b). 


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