NSWIn ForceAct
James Hardie Former Subsidiaries (Winding up and Administration) Act 2005
17Minister may order directors of relevant companies to vacate office
Start here
Get a plain-English read of 17
Turn the raw legal text into a practical explanation grounded in James Hardie Former Subsidiaries (Winding up and Administration) Act 2005.
#### 17 Minister may order directors of relevant companies to vacate office
17 Minister may order directors of relevant companies to vacate office
> > (1) The Minister may, by order served on a relevant company, direct that—
> >
> > > (a) a specified director of the company ceases to hold office as a director on the day specified in the order, and
> >
> > > (b) a specified person is appointed instead of the specified director on that day or a subsequent day specified in the order.
>
> > (2) The Minister may not make an order under subsection (1) in respect of a liable entity if the SPF trustee holds all of the shares in the liable entity for the purposes of the SPF.
>
> > (3) A director of a relevant company in respect of whom an order is made under subsection (1) must not continue to act as a director of the company during or after the day specified in the order for the director to cease to hold office.
> >
> > Maximum penalty—1,000 penalty units.
>
> > (4) It is taken to be a provision of the constitution of each relevant company that—
> >
> > > (a) a director in respect of whom an order is made under subsection (1) ceases to hold office as a director on the day specified in the order, and
> >
> > > (b) the vacancy in the office may only be filled by a person appointed by the Minister in an order made under subsection (1), and
> >
> > > (c) this power of appointment has effect despite any other provision of the constitution of the relevant company.
>
> > (5) A person who, by operation of this section, ceases to hold office as a director of a relevant company is not entitled to any remuneration or compensation because of the loss of that office.