Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 1 - General  

SECTION 9AC   MEANING OF DIRECTOR  

9AC(1)    
A director of a company or other body is:

(a)    a person who:

(i) is appointed to the position of a director; or

(ii) is appointed to the position of an alternate director and is acting in that capacity;

regardless of the name that is given to their position; and

(b)    unless the contrary intention appears, a person who is not validly appointed as a director if:

(i) they act in the position of a director; or

(ii) the directors of the company or body are accustomed to act in accordance with the person ' s instructions or wishes (excluding advice given by the person in the proper performance of functions attaching to the person ' s professional capacity or their business relationship with the directors or the corporation).

Note: Examples of provisions for which a person would not be a director because of paragraph (b) of this subsection include:

(a) section 205B (notice to ASIC of change of address); and

(b) section 249C (power to call meetings of a company ' s members); and

(c) subsection 251A(3) (signing minutes of meetings).

9AC(2)    
In Part 5.1 (arrangements and reconstructions), the meaning of directors (as defined in subsection (1) ) is affected by section 410 .

9AC(3)    

For the purposes of Chapter 2M , a director of a registrable superannuation entity is:

(a)    if the RSE licensee for the entity is a constitutional corporation (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) or a body corporate - a director of the constitutional corporation or body corporate; or

(b)    if the RSE licensee for the entity is a group of individual trustees - each of those trustees.