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AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 79 Termination of appointment

AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 79

Termination of appointment

  (1)   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; 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.

Note:   The appointment of a 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)   Where:

  (a)   the Minister is of the opinion that the performance of the Board or Australia Post 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)   the Minister is of the opinion that the Board has failed to comply with an obligation under section   19 of the Public Governance, Performance and Accountability Act 2013 ; and

  (b)   the Minister proposes that the appointment of all directors or specified directors be terminated;

the Governor - General is to terminate the appointment of all directors, or the specified directors, as the case may be.