Section 127 — Environment Protection and Biodiversity Conservation Act 1999: Termination of appointment

(1) The Minister may terminate a commissioner’s appointment for misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of a commissioner if: (a) the commissioner: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the commissioner fails, without reasonable excuse, to comply with section 128 (about disclosure of interests); or (c) the Minister becomes aware that the commissioner has a pecuniary or other interest in the subject-matter of the inquiry and the Minister considers that the commissioner should not continue to participate in the conduct of the inquiry. (3) The Minister must terminate the appointment of a commissioner on a full-time basis if: (a) the commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (b) the commissioner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office. (4) The Minister must terminate the appointment of a commissioner on a part-time basis if: (a) the commissioner is absent, except on leave of absence, from 3 consecutive meetings of his or her commission (if it consists of 2 or more commissioners); or (b) the commissioner engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of his or her office.