Financial Framework Legislation Amendment Act 2010 (148 of 2010)
Schedule 2 Amendment of the Australian Law Reform Commission Act 1996
Part 1 Amendments
26 Sections 17 and 18
Repeal the section, substitute:
177B Directions by responsible Commonwealth Minister
17 Termination of full-time appointments
(1) The Governor-General may terminate a full-time member's appointment for misbehaviour, or physical or mental incapacity.
(2) The Governor-General must terminate a full-time member's appointment if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
(3) If a full-time member engages in paid employment outside the duties of the member's office without the Attorney-General's approval, the Governor-General must terminate the member's appointment.
(4) Subsections (1), (2) and (3) do not apply to a full-time member who holds a judicial office.
(5) If a full-time member who is the holder of a judicial office stops holding that office, the Governor-General may terminate the member's appointment.
17A Termination of part-time appointments
(1) The Attorney-General may terminate a part-time member's appointment for misbehaviour, or physical or mental incapacity.
(2) The Attorney-General must terminate a part-time member's appointment if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
(3) Subsections (1) and (2) do not apply to a part-time member who holds a judicial office.
(4) If a part-time member who is the holder of a judicial office stops holding that office, the Attorney-General may terminate the member's appointment.
18 Resignation
A member may resign from the office of member by signing a written resignation and delivering it to:
(a) if the member is a full-time member - the Governor-General; or
(b) if the member is a part-time member - the Attorney-General.