Public Governance, Performance and Accountability Rule 2014

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH  

PART 2-2 - ACCOUNTABLE AUTHORITIES AND OFFICIALS  

Division 2 - Officials ' duty to disclose interests  

Subdivision D - Other requirements to disclose material personal interests  

SECTION 16A   CERTAIN OFFICIALS APPOINTED UNDER A LAW TO A BODY - HOW AND WHEN TO DISCLOSE INTERESTS  

Guide to this section

The purpose of this section is to ensure that there are consistent requirements for how and when certain officials of Commonwealth entities who are appointed to bodies under a law must disclose material personal interests that relate to the affairs of the entity.

This section is made for paragraph 29(2)(b) of the Act.

16A(1)    
This section applies to an official of a Commonwealth entity if:

(a)    the official is appointed under a law as a member (an appointed member ) of a body (other than a body that is the accountable authority of a Commonwealth entity) that is:


(i) a committee, council or other body; or

(ii) the entity itself; and

(b)    all appointed members of the body are officials of the entity; and

(c)    the official has a material personal interest that relates to the affairs of the entity (other than an interest not required to be disclosed because of section 12 ).

 View history note


Requirement to disclose interest

16A(2)    
The official must disclose that interest, orally or in writing, to each other appointed member of the body.

16A(3)    
The disclosure must include details of:

(a)    the nature and extent of the interest; and

(b)    how the interest relates to the affairs of the entity.

16A(4)    
The official must make the disclosure at a meeting of the appointed members of the body:

(a)    as soon as practicable after the official becomes aware of the interest; and

(b)    if there is a change in the nature or extent of the interest after the official has disclosed the interest under this section - as soon as practicable after the official becomes aware of that change.

16A(5)    
The official must ensure that the disclosure is recorded in the minutes of the meeting.

 

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