Document ID: chunk:federal_register_of_legislation:C2004A03719:body:0:p8
Version: federal_register_of_legislation:C2004A03719
Segment Type: other
Provision Reference: 
Character Range: 18417–21224

The Governor-General may terminate the appointment of a director for misbehaviour or physical or mental incapacity.

"(2) If a director:
     (a) becomes bankrupt, applies to take the benefit of a 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;
     (b) without reasonable excuse, contravenes section 29; or
     (c) is absent, without the Board's leave and without reasonable excuse, from 3 consecutive meetings of the Board;
the Governor-General shall terminate the director's appointment.
"(3) Where:
     (a) the Minister is of the opinion that the performance of the Board or the Corporation has been unsatisfactory for a significant period of time; and
     (b) the Minister proposes that the appointment of all directors or specified directors be terminated;
the Governor-General shall terminate the appointment of all directors or the specified directors, as the case may be.
"(4) Where:
     (a) the Minister is of the opinion that the performance of a particular director has been unsatisfactory for a significant period of time; and
     (b) the Minister proposes that the appointment of the director be terminated;
the Governor-General shall terminate the appointment of the director.
"(5) If a person who is a government director ceases to be an officer of the Australian Public Service, the person ceases to be a director.
"(6) Subsections (1), (2), (3) and (4) do not apply in relation to a government director.

Terms and conditions of appointment not provided for by Act
"36e. A director holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister in writing.

Deputy Chairperson
"36f. (1) When:
     (a) the office of Chairperson is vacant (whether or not an appointment has previously been made to the office); or
     (b) the Chairperson is absent from Australia or is, for any reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office;
the Deputy Chairperson shall act as Chairperson.
"(2) While the Deputy Chairperson is acting as Chairperson, the Deputy Chairperson has and may exercise all the powers, and shall perform all the functions and duties, of the Chairperson.

"(3) Anything done by or in relation to the Deputy Chairperson while the Deputy Chairperson is purporting to act as Chairperson is not invalid merely because the occasion for the Deputy Chairperson to act as Chairperson had not arisen or had ceased.

Acting appointments
"36g. (1) The Minister may appoint a director to act as Deputy Chairperson:
     (a) during a vacancy in the office of Deputy Chairperson (whether or not an appointment has previously been made to the office);