(a) if the person has held the office of director for the amount of time for which the person was appointed to that office, before being required to be reappointed to the office; and
(b) regardless of whether that person served the full term as director before, or after, the commencement of the Government Business Governance Reforms Act 2025.
(1) Despite clause 2 , the Governor may appoint a person to the office of director for a third or subsequent term if –
(a) the Treasurer and Portfolio Minister, jointly, recommend to the Governor that the person be appointed for a third or subsequent term due to exceptional circumstances; and
(b) the Governor is satisfied that the exceptional circumstances exist.
(2) If the Governor appoints a person to the office of director on the recommendation of the Treasurer and Portfolio Minister under subclause (1) , the Portfolio Minister is to table a notice in each House of Parliament, within 7 sitting-days after the appointment, that includes –
(a) a statement that includes the following information:
(i) the fact that the appointment has been made;
(ii) the duration of the term of the appointment so made;
(iii) how many times the person, so appointed, has been appointed to the office of director; and
(b) if appropriate, the exceptional circumstances that were the basis of the recommendation under subclause (1) .
2B. Ministers may recommend former chief executive officers be appointed as directors
(1) Despite clause 2 , the Governor may appoint a former chief executive officer to the office of director if –
(a) the Treasurer and Portfolio Minister, jointly, recommend to the Governor that the person be appointed to the office of director due to exceptional circumstances; and
(b) the Governor is satisfied that the exceptional circumstances exist.
(2) If the Governor appoints a person to the office of director on the recommendation of the Treasurer and Portfolio Minister under subclause (1) , the Portfolio Minister is to table a notice in each House of Parliament, within 7 sitting-days after the appointment, that includes –
(a) a statement that includes the following information:
(i) the fact that the appointment has been made;
(ii) the duration of the term of the appointment so made;
(iii) that the person was previously the chief executive officer of that Government Business Enterprise; and
(b) if appropriate, the exceptional circumstances that were the basis of the recommendation under subclause (1) .
3. Conditions of appointment
(1) A director is entitled to be paid the remuneration and allowances determined by the Governor.
(2) A director holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.
(3) In subclause (2) , matters includes superannuation.
4. Devotion of whole time to duties
(1) Where the holder of an office under an Act is required, by or under any Act, to devote the whole of his or her time to the duties of that office, that requirement does not operate to disqualify the holder from holding that office in conjunction with the office of a director.
(g) the director becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or
(h) the director is absent from 4 consecutive meetings of the Board without leave of absence; or
(4) [Schedule 5 Amended by No. 42 of 2002, Sched. 1, Applied:27 Nov 2002] The Governor, on the joint recommendation of the Portfolio Minister and Treasurer, may remove all directors from office if the Governor is satisfied that the Government Business Enterprise has wilfully disregarded its ministerial charter.
(5) If the Governor removes all the directors of a Government Business Enterprise from office on a recommendation made under subclause (4) , the Portfolio Minister must lay a copy of the reasons for the recommendation before each House of Parliament within 21 sitting days after the directors are removed from office.
(d) has an order made against him or her under section 29(3)(a) .
(2) The Governor may appoint a person to a vacant office of director for the remainder of the predecessor's term of office if the Governor is satisfied that person has the experience and skills necessary to enable the Government Business Enterprise to achieve its objectives.
10. Defect does not invalidate appointment
An appointment of a person as a director is not invalid merely because of a defect or irregularity in relation to the appointment.