Public Governance, Performance and Accountability Rule 2014
The purpose of this section is to restrict members of an accountable authority of a Commonwealth entity who have disclosed a material personal interest that relates to the affairs of the entity from being present, or voting, at a meeting on a matter in which the member has the interest.
The official may also need to disclose interests in accordance with section 16A .
This section is made for paragraph 29(2)(c) of the Act.
This section applies to an official of a Commonwealth entity who: (a) is a member of the accountable authority of the entity; and (b) has disclosed a material personal interest that relates to the affairs of the entity.
View history note
Hide history noteConsequences of disclosure
15(2)
If a matter in which the official has the disclosed interest is being considered at a meeting of the members of the accountable authority, the official must not: (a) be present while the matter is being considered at the meeting; or (b) vote on the matter.
15(3)
However, if: (a) the responsible Minister for the entity has declared, in writing, that the official may be present or vote (or both); or (b) the members of the accountable authority who have not disclosed a material personal interest in the matter have decided that the official is not disqualified from being present or voting (or both), and the decision is recorded in the minutes of a meeting of the members;
then the official may be present or vote (or both) in accordance with the declaration or decision.
Minister ' s declaration
15(4)
The responsible Minister for the entity may declare in writing that the official may: (a) be present while the matter is being considered at the meeting; or (b) vote on the matter; or (c) be present while the matter is being considered at the meeting and vote on the matter.
15(5)
The responsible Minister may only make the declaration if: (a) the number of members of the accountable authority entitled to be present and vote on the matter would be less than the quorum for a meeting of the accountable authority if the official were not allowed to be present or vote on the matter at the meeting; or (b) the matter needs to be dealt with urgently; or (c) there is a compelling reason for the matter being dealt with at the meeting.
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