Victorian Consolidated Legislation

State Owned Enterprises Act 1992 - SECT 30

Vacancies, resignations, removal from office

30. Vacancies, resignations, removal from office



(1) The office of a director of a State business corporation becomes vacant if
the director-

   (a)  without the board's approval, fails to attend 3 consecutive meetings
        of the board; or

   (b)  attains the age of 72; or

   (c)  becomes bankrupt, applies to take the benefit of any 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

   (d)  is convicted of an indictable offence or an offence which, if
        committed in Victoria, would be an indictable offence.

(2) A director appointed under section 25 may resign by writing delivered to
the relevant Minister.

(3) The Governor in Council may remove a director, or all directors, from
office, other than a preference director.

(4) If the Gas and Fuel Corporation of Victoria is a State business
corporation, a preference director may be removed from office in accordance
with the Corporation's articles.

(5) If a director of a State business corporation-

   (a)  is convicted of an offence relating to his or her duties as a
        director; or

   (b)  fails, without reasonable excuse, to comply with section 35-

the director must be removed from office by-

   (c)  in the case of a director, other than a preference director, by the
        Governor in Council;

   (d)  in the case of a preference director, the preference shareholders of
        the Gas and Fuel Corporation of Victoria in accordance with the
        Corporation's articles.