Public Corporations Act 1993 (SA)

South Australia Public Corporations Act 1993 An Act to provide for the control of public corporations; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 References to board or directors where corporation does not have separately constituted board 5 Application of Act Part 2—Ministerial control 6 Control and direction of public corporations 7 Provision of information and records to Minister 8 Minister's or Treasurer's representative may attend meetings 9 Notification of disclosure to Minister of matter subject to duty of confidence 10 No breach of duty to report matter to Minister Part 3—Performance and scope of corporation's operations 11 General performance principles 12 Corporation's charter 13 Performance statements Part 4—Duties and liabilities of board and directors 14 General management duties of board 15 Directors' duties of care etc 16 Director's duty to act honestly 17 Transactions with directors or associates of directors 18 Directors' and associates' interests in corporation or subsidiary 19 Conflict of interest 20 Removal of director 21 Civil liability if director or former director contravenes this Part 22 Immunity for directors Part 5—Subsidiaries and indirect or joint operations 23 Formation etc of subsidiary companies 24 Formation of subsidiary by regulation 25 Dissolution of subsidiary established by regulation 26 Guarantee or indemnity for subsidiary subject to Treasurer's approval 27 Indirect or joint operations by public corporations Part 6—Financial and other provisions 28 Guarantee by Treasurer of corporation's liability 29 Tax and other liabilities of corporation 30 Dividends 31 Internal audits and audit committee 32 Accounts and external audit 33 Annual reports 34 Remuneration of corporation's directors 35 Minister to be consulted as to appointment or removal of chief executive officer 36 Delegation 36A Duty of employees to act honestly 36B Duty of senior executives with respect to conflict of interest 37 Transactions with executives or associates of executives 38 Executives' and associates' interests in corporation or subsidiary 38A Duty of employees with respect to conflict of interest 38B Exclusion of operation of Commonwealth industrial relations legislation in specified cases 39 Validity of transactions of corporation 40 Power to investigate corporation's or subsidiary's operations 41 Approvals and exemptions 42 Proceedings for offences 43 Regulations Schedule—Provisions applicable to subsidiaries 1 Application and interpretation 2 Direction by board of parent corporation 3 General management duties of board 4 Directors' duties of care etc 5 Directors' duties of honesty 6 Transactions with directors or associates of directors 7 Directors' and associates' interests in subsidiary or parent corporation 8 Conflict of interest 9 Removal of director or board 10 Civil liability if director or former director of subsidiary contravenes this Schedule 11 Immunity for directors of subsidiaries 12 Tax and other liabilities of subsidiary 13 Accounts and external audit 14 Delegation 14A Duty of employees to act honestly 14B Duty of senior executives with respect to conflict of interest 15 Transactions with executives or associates of executives 16 Executives' and associates' interests in subsidiary or parent corporation 16A Duty of employees with respect to conflict of interest 17 Validity of transactions of subsidiary Legislative history Appendix—Divisional penalties and expiation fees