CUSTOMS ADMINISTRATION ACT 1985 (REPEALED)

SECTION 12   SUSPENSION AND REMOVAL FROM OFFICE OF CEO  

12(1)   [Removal]  

The Governor-General may remove the CEO from office on an address praying for the removal of the CEO on the ground of proved misbehaviour or physical or mental incapacity being presented to the Governor-General by each House of the Parliament in the same session of the Parliament.

12(2)   [Suspension]  

The Governor-General may suspend the CEO from office on the ground of misbehaviour or physical or mental incapacity.

12(3)   [Statement to be laid before House]  

Where the Governor-General suspends the CEO, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

12(4)   [Termination of suspension]  

If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement was laid before that House, and address under sub-section (1) has not been presented to the Governor-General by each House of the Parliament, the suspension terminates.

12(5)   [Does not affect entitlement to remuneration and allowances]  

The suspension of the CEO from office under this section does not affect any entitlement of the CEO to be paid remuneration and allowances.

12(6)   [Removal from office in certain circumstances]  

If -

(a) the CEO becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(aa) the CEO fails, without reasonable excuse, to comply with a direction given under section 4A;

(b) the CEO fails, without reasonable excuse, to comply with section 11;

(c) the CEO engages, except with the approval of the Minister, in paid employment outside the duties of the office of CEO; or

(d) the CEO is absent from duty, except on leave of absence for 14 consecutive days or 28 days in any 12 months,

the Governor-General shall remove the CEO from office.

12(7)   [Power to retire from office]  

The Governor-General may, with the consent of the CEO, retire the CEO from office on the ground of physical or mental incapacity.

12(8)   [Prohibition]  

The CEO shall not be suspended, removed or retired from office except as provided by this section.