Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_201c:p2
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 201C (pt 2/2)
Character Range: 53826–56063

the person appointed or re‑appointed is a director of the public company; or
 (b) the appointment or re‑appointment of the person as a director of the company has been approved by a special resolution of the public company and the notice of meeting states that the person is a candidate for election as a director of the company who has turned 72 and states the person's age.

 (10) If the subsidiary is a proprietary company:
 (a) the person may be appointed or re‑appointed as a director of the subsidiary until the end of the next AGM of the holding company; and
 (b) the appointment does not need a resolution under subsection (8); and
 (c) the appointment must satisfy either paragraph (9)(a) or (b).

 (11) If:
 (a) the constitution of a company limited by guarantee provides for the holding of postal ballots for the election of a director or directors; and
 (b) a postal ballot for the election of a director or directors is held and in the ballot:
 (i) the members entitled to vote have been given notice in writing by the company stating that a candidate for election has turned 72 and stating the age of the candidate; and
 (ii) that candidate is elected by a majority of not less than 75% of the members who, being entitled to vote, vote in the ballot;
that candidate may be appointed or re‑appointed as a director to hold office until the conclusion of the next AGM of the company.

 (12) If:
 (a) the constitution of a company limited by guarantee provides for the election or appointment of a director or directors otherwise than by members at a general meeting or by postal ballot of members; and
 (b) ASIC declares in writing that this section does not apply to the company or its directors;
then, subject to the conditions (if any) that ASIC specifies in the declaration, this section does not so apply.

 (13) A vacancy in the office of a director occurring under subsection (3) or (4) is not to be taken into account in determining when other directors are to retire.

 (14) Nothing in this section limits, or affects the operation of, any provision of a company's constitution that prevents any person from being appointed as a director or requiring any director to vacate their office at any age less than 72 years.