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.