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Thursday, 17 June 2004
Page: 24149


Senator MURRAY (5:08 PM) —I now want to add words after `listed corporation'. It now reads:

A listed corporation must not pay or otherwise provide the following types of remuneration to a director who is not an executive of the listed corporation:

It is after the second occurrence of `listed corporation' that I wish to insert the words `in consideration of the performance of duties by the director as a director of the listed corporation'.

Before we get to the specific words, I want to motivate the argument because if the mover does not accept them then it falls away. Frequently with directors there are conflicts of interest and there are circumstances in which directors are involved in businesses that provide services and goods to the corporation concerned. You will recall that, when the Coles-Myer boardroom stoush was on, that was very much an issue. There are many companies where that is so. It is perhaps the nature of our business world. The difficulty I have is that the way in which this is phrased might be seen to catch somebody who is a director or owner of another company but is also a director of this company and is providing services and goods. Sometimes it happens just in a related corporation—there is a head office and a number of subsidiary corporations—but sometimes it will be one corporation with a completely separate one. That is the purpose of my amendment. If the mover accepts the general proposition then I will give you the specific words that I suggest.