Vacancies, resignations, removal from office
24 Vacancies, resignations, removal from office
The office of a director becomes vacant if the director—
becomes an insolvent under administration; or
is convicted or found guilty of—
an indictable offence; or
an offence that, if committed in Victoria, would be an indictable offence; or
is absent from 2 consecutive meetings of the Board without the approval of the Board; or
is removed from office; or
retires or resigns.
If the office of a director becomes vacant before the end of the term of office, the Minister may appoint a person in accordance with sections 22 and 23 to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.
If the office of a director becomes vacant within 6 months before the end of the term of the office, the office may be left vacant for the remainder of the term.
A director may resign from office by delivering a signed letter of resignation to the Minister.
The Minister may remove a director from office—
if the director becomes incapable of performing the director's duties; or
if the director is negligent in the performance of those duties; or
if the director engages in improper conduct; or
if the director fails to declare a pecuniary interest as required by section 29; or
if the director is convicted or found guilty of—
an offence against this Act; or
S. 24(5)(e)(ii) substituted by No. 30/2021 s. 79.
an offence against the Fisheries Act 1995, the Marine Safety Act 2010, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or regulations made under those Acts; or
an offence against a relevant law; or
an offence against a corresponding law of another State or a Territory or the Commonwealth; or
if the Minister considers that the person is no longer suitable to hold office as director.
This Act’s bill:Explanatory memorandumSecond reading speech
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