Commonwealth Consolidated Acts

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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;

                     (b)  without reasonable excuse, contravenes section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ; 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 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 15 or 16, or subsection 17(5), of the Commonwealth Authorities and Companies Act 1997 ; 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.



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