Macquarie Point Development Corporation Act 2012

A director who is not also the chief executive officer holds office for such term, not exceeding 3 years, as is specified in the instrument of appointment.

A director who is, or becomes, the chief executive officer holds the office of director only while he or she is the chief executive officer.

Nothing in subclause (2) prevents a person from being reappointed as a director after his or her previous appointment is terminated by reason of that subclause.

A director is entitled to be paid the remuneration and allowances determined by the Governor.

A director holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.

In subclause (2) –

Where the holder of an office under an Act is required, by or under any Act, to devote the whole of his or her time to the duties of that office, that requirement does not operate to disqualify the holder from holding that office in conjunction with the office of director.

A director may hold the office of director in conjunction with State Service employment.

The Minister must recommend to the Governor that a director be removed from office if –

the director fails to disclose a material personal interest; or

the director has been convicted of an offence under this Act; or

the director has been convicted of an indictable offence or an offence which, if committed in Tasmania, would be an indictable offence; or

the Minister considers that the director is physically or mentally incapable of continuing as a director; or

the Minister considers that the director is unable to perform adequately or competently the functions of the director's office; or

the director becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or

the director is absent from 3 consecutive meetings of the Board without leave of absence; or

the director fails to comply with a requirement under section 30; or

the Minister considers it appropriate or necessary to do so for any other reason.

The Governor may remove a director from office on the recommendation of the Minister under subclause (1).

The Governor, on the recommendation of the Minister, may remove all directors from office if the Governor is satisfied that the Corporation has wilfully disregarded a direction under section 36.

If the Governor removes all the directors of the Corporation from office on a recommendation made under subclause (3), the Minister must lay a copy of the reasons for the recommendation before each House of Parliament within 21 sitting-days after the directors are removed from office.

A director vacates office if he or she –

dies; or

resigns; or

is removed from office under clause 8; or

has an order made against him or her under section 31(3)(a).

The Governor, on the recommendation of the Minister, may appoint a person to a vacant office of director for the remainder of the predecessor's term of office if the Governor is satisfied that the person has the experience and skills relevant to the functions of the Corporation.

An act or proceeding of the Board or of a person acting under any direction of the Board is not invalidated by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of director.

All acts and proceedings of the Board or of a person acting under a direction of the Board are, despite the subsequent discovery of a defect in the appointment of a director or that any other person was disqualified from acting as, or incapable of being, a director, as valid as if the director had been duly appointed and was qualified to act as, or was capable of being, a director, and as if the Board had been fully constituted.

the constitution of the Board; or

the appointment of a director.