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Nauru Utilities Corporation (Amendment) Act 2016

REPUBLIC OF NAURU


NAURU UTILITIES CORPORATION (AMENDMENT) ACT 2016


No. 7 of 2016
______________________________


An Act to amend the Nauru Utilities Corporation Act 2011


Certified: 29th January 2016


Table of Contents


______________________


Enacted by the Parliament of Nauru as follows:


1 Short title


This Act may be cited as the Nauru Utilities Corporation (Amendment) Act 2016.


2 Commencement


This Act commences upon certification by the Speaker.


3 Amendment of Nauru Utilities Corporation Act 2011


The Nauru Utilities Corporation Act 2011 is amended by the provisions of this Act.


4 Amendment of section 4


Insert the following in alphabetical order:


'Acting Chief Executive Officer' means the person appointed under section 6A of this Act;


5 Insert new section 6A


6A Appointment of Acting CEO


(1) The Cabinet may appoint a person to act in the position of Chief Executive Officer when the CEO is away from office or is unable to perform his or her duties by reason of illness.

(2) The Acting CEO appointed under subsection (1) is responsible for the day to day management and control of the Corporation and for the implementation of Board policies until the return of the substantive CEO.

(3) The terms and conditions of an appointment made under subsection (1) shall be determined by Cabinet at the time of appointment.

(4) When an Acting CEO is appointed under this section, all references in the Act to the CEO is a reference to the Acting CEO until the appointment expires or the substantive CEO has returned to office.

6 Amendment of section 7


Section 7 of the Act is hereby repealed and replaced with the following:


7 Board of Directors


(1) Subject to this Act, the business of the Corporation shall be controlled by a Board of Directors constituted of five members appointed by Cabinet and two ex officio members.

(2) Of the members of the Board appointed:

(3) Of the two ex officio members appointed under subsection (1):

(4) A member shall be appointed on such terms of conditions as are approved by the Cabinet.

(5) A member shall not hold office for such period, not exceeding four years, as is fixed by Cabinet at the time of his or her appointment.

7 Insert new section 7A


7A Chairman and Deputy Chairman


(1) The Cabinet shall appoint a member to be Chairman, and another member to be Deputy Chairman of the Board.

(2) The Chairman shall exercise such powers and functions as are prescribed.

(3) The powers and functions of the Chairman shall be exercised by the Deputy Chairman where:

8 Insert new section 7B


7B Vacation of office


(1) The Cabinet may at any time revoke the appointment of any member of the Board appointed by it.

(2) Cabinet shall, by notice in the Gazette, declare the office of a member vacant, where the member:

9 Insert new section 7C


7C Remuneration of the Board


(1) Subject to subsection (2), a member of the Board may be paid reasonable allowances as determined by Cabinet to enable the member to attend a meeting of the Board.

(2) Ex officio members of the Board appointed under section 7(1) are not entitled to any allowance.

(3) A member of the Board is not entitled to remuneration of any kind.

10 Insert new section 7D


7D Disclosure of interest


(1) A member of the Board who is directly or indirectly interested in a contract made or proposed to be made by the Corporation, otherwise than as a member of a statutory corporation, trust or other statutory body of the Republic of Nauru, must disclose the nature of his or her interest at a meeting of the Board as soon as possible after the relevant facts have come to his or knowledge.

(2) A disclosure under subsection (1) must be recorded in the minutes of the Board and the member:

(3) The ex officio members are not by reason only of his or her position in the Public Service affected by subsection (1) or (2).

11 Insert new section 7E


7E Procedures of Board Meetings


The Board may determine their own procedures for the conduct of meetings of the Board.


12 Insert new section 7F


7F Voting by ex officio members


Ex officio members appointed under section 7(1) shall not have voting rights at meetings of the Board.


13 Insert new section 25A


25A Election candidates – resignation


Any employee, including the Chief Executive Officer of the Corporation who intends to submit a nomination as a candidate in the country's general elections, must at least three months before he or she submits their nomination, resign from his or her employment in the Corporation.


14 Insert new section 25B


25B Election candidates – Board of Directors


Any Board Director, including the Chairman and Vice-Chairman, who intends to submit a nomination as a candidate in the country's general elections, must at least three months before he or she submits their nomination, resign from their position as a member of the Board.


15 Insert new section 25C


25C Public service employees – exempt


Despite section 25B, public service employees who are members of the Board are subject only to the provisions in the Public Service Act 2016.


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