Victorian Current Acts

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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 26

Suspension and removal from office of the Commissioner

    (1)     The Governor in Council may suspend the Commissioner from office on any of the following grounds—

        (a)     misconduct;

        (b)     neglect of duty;

        (c)     inability to perform the duties of the office;

        (d)     any other ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office.

    (2)     The Minister must cause a full statement of the grounds of suspension to be presented to each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the suspension.

    (3)     The Governor in Council must remove the Commissioner from office if each House of the Parliament on or before the 7th sitting day of that House of the Parliament after the statement of the grounds of suspension is presented to it, declares by resolution that the Commissioner ought to be removed from office.

    (4)     The Governor in Council must remove the suspension and restore the Commissioner to office unless each House of the Parliament makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

    (5)     The Commissioner can only be removed from office in accordance with this section.



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