Commonwealth Numbered Acts

Australian Meat and Live-stock Corporation Amendment Act 1984 No. 57 of 1984 - SECT 23

23. The Principal Act is amended by inserting in Part IV the following
Division and Division heading:

                       ''Division 1-The Managing Director
Managing Director

''30V. (1) There shall be a Managing Director of the Corporation who shall be
appointed by the Corporation.

''(2) The Corporation may-

   (a)  determine, subject to the approval of the Minister, the terms and
        conditions of service in respect of matters not provided for by this
        Act, including terms and conditions relating to remuneration and
        allowances, of a person appointed under this section; and

   (b)  at any time terminate such an appointment.

''(3) A person who has attained the age of 65 years shall not be appointed as
Managing Director and a person shall not be appointed as Managing Director for
a period that extends beyond the date on which he will attain the age of 65
years.

''(4) The Managing Director may resign his office by writing under his hand
delivered to the Chairman of the Corporation.

''(5) The Corporation may terminate the appointment of the Managing Director
by reason of the misbehaviour, or physical or mental incapacity, of the
Managing Director.

''(6) If the Managing Director-

   (a)  engages in paid employment outside the duties of his office without
        the approval of the Corporation;

   (b)  is absent from duty, except on leave of absence granted by the
        Corporation, for 14 consecutive days, or for 28 days in any 12 months
        or from 3 consecutive meetings of the Corporation;

   (c)  fails, without reasonable excuse, to comply with his obligations under
        section 29A; or

   (d)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupt or insolvent debtors, compounds with his creditors
        or makes an assignment of his remuneration for their benefit, the
        Corporation shall terminate his appointment.

''(7) The Corporation may grant leave of absence to the Managing Director upon
such terms and conditions as to remuneration or otherwise as the Corporation
determines.

''(8) The Corporation shall not exercise the power to terminate the
appointment of the Managing Director under sub-section (2) otherwise than upon
a resolution that is supported by not less than 7 of the members of the
Corporation other than the Managing Director.

''(9) The office of Managing Director is not a public office within the
meaning of the Remuneration Tribunals Act 1973. Acting Managing Director

''30W. (1) Where the Managing Director is, or is expected to be, absent from
duty or from Australia, or there is, or is expected to be, a vacancy in the
office of the Managing Director, the Corporation may appoint a person to act
as the Managing Director during the absence or until the filling of the
vacancy, as the case may be.

''(2) A person appointed to act as the Managing Director in the event of a
vacancy shall not continue in office after the expiration of 12 months after
the occurrence of the vacancy.

''(3) The Corporation may-

   (a)  determine the terms and conditions of appointment of a person
        appointed under this section; and

   (b)  at any time terminate such an appointment.

''(4) Sub-sections 30V (4) and (7) apply in relation to a person appointed to
act as the Managing Director in like manner as they apply in relation to the
Managing Director.

''(5) While the appointment of a person to act as the Managing Director is in
force, he has, and may exercise and perform, all the powers and functions of
the Managing Director.

''(6) A person appointed to act as the Managing Director is, while he acts as
Managing Director, entitled to receive remuneration and allowances at the same
rates as the Managing Director.

''(7) The validity of anything done by a person appointed to act as the
Managing Director shall not be called in question on the ground that the
occasion for his appointment had not arisen or that the appointment had ceased
to have effect. Duties of Managing Director

''30X. (1) The affairs of the Corporation, to the extent determined by the
Corporation, shall be managed by the Managing Director.

''(2) The Managing Director shall, in managing any of the affairs of the
Corporation, act in accordance with the policy of, and in accordance with any
directions given by, the Corporation. Effect of motion of no confidence on
Managing Director

''30Y. (1) Upon the date on which the appointments of the members other than
the Managing Director are terminated under sub-section 30H (3), the person
holding the office of Managing Director shall cease to be a member of the
Corporation but, subject to sub-sections 30V (2), (5) and (6), he is entitled
to continue as Managing Director.

''(2) Where-

   (a)  the Corporation is reconstituted in accordance with section 18
        following the passage of a motion of no confidence in the Corporation;
        and

   (b)  there is, at the time the Corporation is so reconstituted, a person
        holding the office of Managing Director, being a person who was
        appointed before the passage of that motion of no confidence, the
        Corporation shall, as soon as practicable after it is so
        reconstituted, by writing under its seal, either endorse the
        appointment of that person as Managing Director or terminate the
        appointment.

''(3) If the Corporation, as reconstituted in accordance with section 18,
endorses the appointment of a person as Managing Director that person
thereupon becomes, by virtue of that endorsement, a member of the Corporation.

''(4) If a motion of no confidence in the Corporation is passed at an annual
general meeting, any delegation from the Corporation to the Managing Director
that is in force on the day on which the appointment of each of the members of
the Corporation was terminated shall be deemed to have been revoked on that
day.

''(5) Where the Corporation, as constituted for the purposes of sub-section
30H (4), delegates a power to the Managing Director, that delegation shall be
deemed to have been revoked on the day on which the membership of the
Corporation is reconstituted in accordance with section 18.