Document ID: chunk:federal_register_of_legislation:C2023C00366:section:27
Version: federal_register_of_legislation:C2023C00366
Segment Type: section
Provision Reference: s 27
Character Range: 26914–29002

27  Removal of non‑executive Directors from office
 (1) The Governor‑General may remove a non‑executive Director from office for misbehaviour or physical or mental incapacity.
 (2) If:
 (a) the Chairperson, or a non‑executive Director acting as Chairperson, is absent, except with the leave of the Minister or the Board, from 3 consecutive meetings of the Board; or
 (b) a non‑executive Director (other than the Chairperson or a Director acting as Chairperson) is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the Board; or
 (c) a non‑executive Director becomes bankrupt, takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with one or more of his or her creditors or makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors;
the Governor‑General may remove the non‑executive Director concerned from office.
Note: The appointment of a non‑executive Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
 (3) If:
 (a) the Minister is of the opinion that the performance of the Board or the SBS has been unsatisfactory for a significant period of time; and
 (b) the Minister proposes that the appointment of all non‑executive Directors, or specified non‑executive Directors, be terminated;
the Governor‑General must terminate the appointment of all non‑executive Directors or the specified non‑executive Directors, as the case may be.
 (4) If:
 (a) the Minister is of the opinion that the performance of a particular non‑executive Director has been unsatisfactory for a significant period of time; and
 (b) the Minister proposes that the appointment of the non‑executive Director be terminated;
the Governor‑General must terminate the appointment of the non‑executive Director.

Division 2—Provisions relating to the Managing Director