Commonwealth Consolidated Acts

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PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989 - SECT 63

Motions of no confidence

             (1)  Where a motion of no confidence in an R&D Corporation or in the Chairperson is moved at an annual general meeting:

                     (a)  the person presiding at the meeting must cease to preside until the motion has been voted on; and

                     (b)  an employee of the Corporation selected by the Chairperson is to preside.

             (2)  Where a motion of no confidence in the Corporation is passed at the meeting:

                     (a)  the office of each of the directors (other than the Executive Director) is to be taken to be vacant for the purposes of Part 4 immediately after the meeting; and

                     (b)  the Minister must:

                              (i)  within one month after the meeting, by notice published in the Gazette , terminate the appointment of each of the directors (other than the Executive Director) with effect from a day specified in the notice; and

                             (ii)  under section 17, appoint a different Chairperson; and

                            (iii)  under section 17, appoint persons, in accordance with Part 4, in the place of the nominated directors whose appointments have been so terminated.

             (3)  The fact that a person's appointment as a director has been terminated under subparagraph (2)(b)(i) does not prevent the person being re‑appointed under subparagraph (2)(b)(iii).

             (4)  Where a motion of no confidence in the Chairperson is passed at the meeting, the Minister must:

                     (a)  terminate the Chairperson's appointment as soon as possible after the meeting; and

                     (b)  within 2 months after the meeting, appoint another person as the Chairperson.



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