Table Of Contents

New South Wales Lotteries Corporatisation Amendment Act 2000 No 22

An Act to amend the New South Wales Lotteries Corporatisation Act 1996 so as to alter the corporate governance structure of New South Wales Lotteries Corporation; and for other purposes.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendments
(Section 3)
[1]   Section 5 Establishment of New South Wales Lotteries Corporation as statutory SOC
Omit “the board of directors, the chief executive officer,” from the note to the section.
[2]   Section 5
Insert at the end of the note to the section:
  
Schedules 8 and 9 to the State Owned Corporations Act 1989 contain provisions dealing with the board of directors and the chief executive officer that are to be read in conjunction with Part 2A of this Act.
[3]   Section 11
Omit the section. Insert instead:
  
Part 2A Constitution and procedure
11   Application of Part
The provisions of this Part are in addition to and (except to the extent to which this Part provides) do not derogate from the provisions of the State Owned Corporations Act 1989.
11A   Board of directors
(1)  New South Wales Lotteries Corporation is to have a board of directors.
(2)  The board is to consist of:
(a)  the chief executive officer, and
(b)  one director appointed by the voting shareholders on the recommendation of a selection committee comprising:
(i)  2 persons nominated by the portfolio Minister, and
(ii)  2 persons nominated by the Labor Council of New South Wales,
being a person selected by the committee from a panel of 3 persons nominated by the Labor Council, and
(c)  at least 2 and not more than 5 other directors, to be appointed by the voting shareholders at their discretion.
(3)  The procedures for constituting a selection committee for the purposes of subsection (2) (b), for making nominations and for determining other matters relating to the selection process are to be determined by the regulations or (subject to the regulations) by the voting shareholders.
(4)  One of the directors referred to in subsection (2) (c) 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 board is accountable to the voting shareholders in the manner set out in Part 4 of the State Owned Corporations Act 1989 and in the constitution of New South Wales Lotteries Corporation.
(6)  The voting shareholders may remove a director, or the Chairperson, from office at any time for any or no reason and without notice (but only at a duly convened meeting of the voting shareholders) 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 State Owned Corporations Act 1989.
(7)  Subject to subsections (8) and (9), Schedule 8 to the State Owned Corporations Act 1989 has effect with respect to the constitution and procedures of the board.
(8)  The provisions of section 20J of the State Owned Corporations Act 1989 and of clauses 2 (1) and (2) and 7 (1) (d) and (2) of Schedule 8 to that Act do not apply to New South Wales Lotteries Corporation or to the Chairperson.
(9)  The provisions of clause 6 of Schedule 8 to the State Owned Corporations Act 1989 do not apply to the chief executive officer, and the chief executive officer is not entitled to remuneration under that clause, in his or her capacity as a director.
11B   Chief executive officer
(1)  The chief executive officer of New South Wales Lotteries Corporation is to be appointed by the board after consultation with the voting shareholders.
(2)  The board may remove a person as chief executive officer at any time for any or no reason and without notice, but only after consultation with the voting shareholders.
(3)  The chief executive officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine.
(4)  The board may, after consultation with the voting shareholders, fix the conditions of employment of the chief executive officer in so far as they are not fixed by or under any other Act or law.
(5)  The Public Sector Management Act 1988 (Part 8 included) does not apply to the chief executive officer.
(6)  Subject to subsection (7), Schedule 9 to the State Owned Corporations Act 1989 has effect with respect to the chief executive officer.
(7)  The provisions of section 20K of the State Owned Corporations Act 1989, and of clauses 2, 3 and 6 of Schedule 9 to that Act, do not apply to the chief executive officer.
11C   Acting chief executive officer
(1)  The board may, from time to time, appoint a person to act in the office of chief executive officer during the illness or absence of the chief executive officer.
(2)  The board may remove a person from office as acting chief executive officer at any time for any or no reason and without notice.
(3)  A person, while acting in the office of chief executive officer:
(a)  has all the functions of the chief executive officer and is taken to be the chief executive officer, and
(b)  is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine.
(4)  For the purposes of this section, a vacancy in the office of a chief executive officer is regarded as an absence from office of the chief executive officer.
(5)  Clause 5 of Schedule 9 to the State Owned Corporations Act 1989 does not apply to an acting chief executive officer of New South Wales Lotteries Corporation.
[4]   Schedule 4 Savings, transitional and other provisions
Insert after Part 2 of the Schedule:
  
Part 3 Provisions consequent on enactment of New South Wales Lotteries Corporatisation Amendment Act 2000
11   Continuation of appointment of directors
(1)  A person holding office as a director of New South Wales Lotteries Corporation immediately before the commencement of section 11A:
(a)  continues to hold office for the residue of his or her term, and
(b)  is taken to have been appointed under section 11A.
(2)  The remuneration determined for a director immediately before the commencement of section 11A is taken to be the remuneration determined for a director under that section.
12   Continuation of appointment of Chairperson
A director of New South Wales Lotteries Corporation holding office as Chairperson of the Board immediately before the commencement of section 11A:
(a)  continues to hold office as Chairperson, and
(b)  is taken to have been appointed as Chairperson under that section.
13   Continuation of appointment of chief executive officer
(1)  A person appointed as chief executive officer of New South Wales Lotteries Corporation immediately before the commencement of section 11B:
(a)  continues to hold office as chief executive officer for the residue of his or her term of office, and
(b)  is taken to have been appointed under that section, and
(c)  despite section 11B (5), continues as chief executive officer to be a person to whom Division 5 of Part 2A of the Public Sector Management Act 1988 applies.
(2)  The conditions of employment (including remuneration) of the chief executive officer immediately before the commencement of section 11B are taken to be the conditions fixed for the chief executive officer under that section.
(3)  However, a chief executive officer who was receiving remuneration as a director under clause 6 of Schedule 8 to the State Owned Corporations Act 1989 immediately before the commencement of section 11B ceases to be entitled to receive such remuneration on the commencement of that section.
14   Continuation of appointment of acting chief executive officer
(1)  A person appointed as acting chief executive officer of New South Wales Lotteries Corporation immediately before the commencement of section 11C:
(a)  continues to hold office during the absence or illness of the chief executive officer, and
(b)  is taken to have been appointed under that section.
(2)  The remuneration determined for an acting chief executive officer immediately before the commencement of section 11C is taken to be the remuneration determined for the acting chief executive officer under that section.