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 16B   CERTAIN OFFICIALS APPOINTED UNDER A LAW TO A BODY - CONSEQUENCES OF DISCLOSING INTERESTS  

Guide to this section

The purpose of this section is to restrict certain officials of Commonwealth entities, who are appointed under a law and have disclosed a material personal interest in a matter, from being present, or voting, at a meeting on the matter. It is made for paragraph 29(2)(c) of the Act.

16B(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 disclosed a material personal interest that relates to the affairs of the entity; and

(d)    a matter in which the official has the disclosed interest is being considered at a meeting of the appointed members of the body.

 View history note

16B(2)    
Unless the appointed members otherwise determine, the official must not:

(a)    be present during any consideration by those members on the matter; or

(b)    vote on the matter.

16B(3)    
For the purposes of making a determination under subsection (2) , the official must not:

(a)    be present during any consideration by the appointed members for the purpose of making the determination; or

(b)    take part in making the determination.

16B(4)    
The official must ensure that a determination under subsection (2) is recorded in the minutes of the meeting.

 View history note

 

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