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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Owned Corporations Legislation
Amendment (Staff Directors) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of State Owned Corporations Act 1989 No 134 3
Schedule 2 Amendment of other State owned corporations legislation 5
b2013-056-33.d09
New South Wales
State Owned Corporations Legislation
Amendment (Staff Directors) Bill 2013
No , 2013
A Bill for
An Act to amend the State Owned Corporations Act 1989 and other legislation
relating to State owned corporations to remove any requirement for a staff director.
State Owned Corporations Legislation Amendment (Staff Directors) Bill
Clause 1 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Owned Corporations Legislation Amendment 3
(Staff Directors) Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
State Owned Corporations Legislation Amendment (Staff Directors) Bill
2013
Amendment of State Owned Corporations Act 1989 No 134 Schedule 1
Schedule 1 Amendment of State Owned 1
Corporations Act 1989 No 134 2
[1] Section 20J Directors 3
Omit section 20J (3) and (4). Insert instead: 4
(3) The directors are to be persons who, in the opinion of the voting 5
shareholders, will assist the SOC to achieve its principal 6
objectives. 7
[2] Section 38 Regulations 8
Omit section 38 (2). 9
[3] Schedule 2 Provisions to be included in constitution of company SOCs 10
Omit clause 4 (Staff director). 11
[4] Schedule 8 Constitution and procedure of boards of statutory SOCs 12
Omit clause 4 (Staff director). 13
[5] Schedule 11 Savings and transitional provisions 14
Insert at the end of clause 1 (1): 15
· State Owned Corporations Legislation Amendment (Staff 16
Directors) Act 2013 17
[6] Schedule 11, Part 2 Provisions consequent on enactment of State 18
Owned Corporations Amendment Act 1995 19
Omit the Part. 20
[7] Schedule 11, Part 5 21
Insert at the end of the Schedule: 22
Part 5 Provision consequent on enactment of 23
State Owned Corporations Legislation 24
Amendment (Staff Directors) Act 2013 25
6 Existing staff directors 26
(1) In this clause: 27
amending Act means the State Owned Corporations Legislation 28
Amendment (Staff Directors) Act 2013. 29
existing staff director means a staff director of the board of 30
directors of a statutory SOC referred to in section 20J (as in force 31
Page 3
State Owned Corporations Legislation Amendment (Staff Directors) Bill
2013
Schedule 1 Amendment of State Owned Corporations Act 1989 No 134
immediately before the commencement of the amending Act), 1
and includes any of the following directors: 2
(a) a director of the board of directors of an energy services 3
corporation referred to in clause 1 (2) (b) of Schedule 2 to 4
the Energy Services Corporations Act 1995 (as so in 5
force), 6
(b) a director of the board of the Hunter Water Corporation 7
referred to in section 4B (1) (c) of the Hunter Water Act 8
1991 (as so in force), 9
(c) a staff director of the board of directors of a Port 10
Corporation referred to in section 18 of the Ports and 11
Maritime Administration Act 1995 (as so in force), 12
(d) a director of the board of directors of the State Water 13
Corporation referred to in section 7 (3) of the State Water 14
Corporation Act 2004 (as so in force), 15
(e) a director of the board of directors of the Superannuation 16
Administration Corporation referred to in clause 1 (1) (b) 17
of Schedule 3 to the Superannuation Administration 18
Authority Corporatisation Act 1999 (as so in force). 19
(2) The amendments made by the amending Act do not affect any 20
existing staff director of a SOC holding office on the 21
commencement of the amending Act. Any such person ceases to 22
hold office as a director (subject to this or any other Act under 23
which the person was appointed as director) on a date after the 24
commencement of the amending Act that is determined in 25
relation to that SOC: 26
(a) by the Governor if the Governor appoints directors of the 27
board of that SOC, or 28
(b) by the voting shareholders of that SOC if those voting 29
shareholders appoint directors of the board of that SOC. 30
(3) Notice of a proposed determination under subclause (2) is not 31
required to be given to the existing staff director or any other 32
person. 33
(4) Any existing staff director who ceases to be such a director by the 34
operation of subclause (2) before the end of the term of office of 35
the existing staff director is not entitled to any compensation for 36
loss of office. 37
Page 4
State Owned Corporations Legislation Amendment (Staff Directors) Bill
2013
Amendment of other State owned corporations legislation Schedule 2
Schedule 2 Amendment of other State owned 1
corporations legislation 2
2.1 Energy Services Corporations Act 1995 No 95 3
[1] Schedule 2 Supplementary provisions concerning constitution and 4
procedure 5
Omit clause 1 (2) (b). 6
[2] Schedule 2, clause 1 (2) (c) 7
Omit "2". Insert instead "3". 8
[3] Schedule 2, clause 1 (2) (c) (i) 9
Omit "6". Insert instead "7". 10
[4] Schedule 2, clause 1 (2) (c) (ii) 11
Omit "5". Insert instead "6". 12
[5] Schedule 2, clause 1 (3) 13
Omit the subclause. 14
2.2 Hunter Water Act 1991 No 53 15
[1] Section 4B Board of Corporation 16
Omit "6 directors" from section 4B (1) (b). Insert instead "7 directors". 17
[2] Section 4B (1) (c) 18
Omit the paragraph. 19
[3] Section 4B (2) and (3) 20
Omit the subsections. 21
Page 5
State Owned Corporations Legislation Amendment (Staff Directors) Bill
2013
Schedule 2 Amendment of other State owned corporations legislation
[4] Section 4B (4) 1
Omit the subsection. Insert instead: 2
(4) Subsection (1) has effect despite the provisions of section 20J of, 3
and clause 2 (1) of Schedule 8 to, the State Owned Corporations 4
Act 1989. 5
2.3 Ports and Maritime Administration Act 1995 No 13 6
Section 18 Special provision for election of staff director 7
Omit the section. 8
2.4 Ports and Maritime Administration Regulation 2012 9
[1] Part 5 Staff director elections 10
Omit the Part. 11
[2] Schedule 2 Forms 12
Omit the Schedule. 13
2.5 State Water Corporation Act 2004 No 40 14
[1] Section 7 Board of directors of Corporation 15
Omit section 7 (3) and (4). 16
[2] Section 7 (5) 17
Omit "(clause 4 excepted) and section 20J (subsections (2)-(5) and (7) 18
excepted)". 19
Insert instead "and section 20J (subsections (2) and (5) excepted)". 20
2.6 Superannuation Administration Authority Corporatisation 21
Act 1999 No 5 22
[1] Schedule 3 Special provisions concerning management of the 23
Corporation 24
Omit clause 1 (1) (b). 25
[2] Schedule 3, clause 1 (1) (c) 26
Omit "2". Insert instead "3". 27
[3] Schedule 3, clause 1 (1) (c) 28
Omit "5". Insert instead "6". 29
Page 6
State Owned Corporations Legislation Amendment (Staff Directors) Bill
2013
Amendment of other State owned corporations legislation Schedule 2
[4] Schedule 3, clause 1 (2) 1
Omit the subclause. 2
[5] Schedule 3, clause 2 (2) 3
Omit ", 4". 4
Page 7
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