Western Australian Current Acts

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GOVERNMENT TRADING ENTERPRISES ACT 2023 - SECT 118

118 .         Remuneration of directors

        (1)         Subsection (2) applies in relation to the remuneration of a director of a wholly-owned subsidiary while —

            (a)         the subsidiary is a Government entity; and

            (b)         the director is a director for the purposes of the Salaries and Allowances Act 1975 section 7D.

        (2)         The remuneration of the director must be determined by the Portfolio Minister within the range determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7D.

        (3)         Subsection (4) applies in relation to the remuneration of a director of a wholly-owned subsidiary while either —

            (a)         the subsidiary is not a Government entity; or

            (b)         the subsidiary is a Government entity but the office of the director is prescribed for the purposes of paragraph (b) of the definition of director in the Salaries and Allowances Act 1975 section 7D(1).

        (4)         The remuneration of the director must be determined by the Portfolio Minister.

        (5)         The Portfolio Minister for a wholly-owned subsidiary is not required, under subsection (2) or (4), to redetermine the remuneration of a director of the subsidiary if they held office as a director of the subsidiary immediately before the day on which the subsection began to apply to them.

        (6)         Despite subsections (1) to (5) but subject to subsection (7), a director of a wholly-owned subsidiary is not entitled to remuneration under this section if —

            (a)         the director is also a director of the GTE; or

            (b)         the director is also the chief executive officer of the GTE or the subsidiary; or

            (c)         the director is also a member of staff of the GTE or the subsidiary; or

            (d)         the director holds a full-time office or position that is remunerated out of funds appropriated by Parliament; or

            (e)         a prescribed circumstance applies to or in relation to the director.

        (7)         Subsection (6)(a) does not apply to a director of a wholly-owned subsidiary who is also a director of the GTE if the Portfolio Minister, in writing, determines that it is not to apply.

        (8)         This section, other than subsection (6), has effect subject to section 119.



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