New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 6

6 Board of directors

(1) TAHE is to have a board of directors.

(2) The board is to consist of--

(a) no fewer than 3 and not more than 7 directors appointed by the voting shareholders, and

(b) the Transport Secretary.

(3) The directors appointed under subsection (2) (a) are to be persons who, in the opinion of the voting shareholders, will assist TAHE to achieve its principal objectives.

(4) One of the directors is, in and by the director's instrument of appointment or in and by another instrument executed by the voting shareholders, to be appointed as chairperson of the board.

(5) The chief executive officer may be appointed as a director.

(6) The board is accountable to the voting shareholders in the manner set out in Part 4 of the SOC Act and in the constitution of TAHE.

(7) The voting shareholders may remove a director (other than the Transport Secretary), or the chairperson, from office at any time for any or no reason and without notice and, in that event, the office of the director or chairperson is taken to have become vacant for the purposes of Schedule 8 to the SOC Act.

Note--: For example, the voting shareholders may remove a director, or the chairperson, from office if TAHE contravenes its operating licence.

(8) Subject to subsections (9)-(11), Schedule 8 to the SOC Act has effect with respect to the constitution and procedure of the board.

(9) The provisions of section 20J of the SOC Act, and of clauses 2 (1) and (2) and 7 (1) (d) and (2) of Schedule 8 to the SOC Act, do not apply to TAHE or to the chairperson.

(10) The provisions of clause 6 of Schedule 8 to the SOC Act do not apply to the chief executive officer if appointed as a director, and the chief executive officer is not entitled to remuneration under that clause in his or her capacity as a director.

(11) The provisions of clauses 5-9 of Schedule 8 to the SOC Act do not apply to the Transport Secretary in his or her capacity as a director.