Community Services Industry (Portable Long Service Leave) Act 2020
sec.33Disclosure of interests at board meetings
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sec.33 Disclosure of interests at board meetings
This section applies to a director if— a matter is being considered, or is about to be considered, at a board meeting; and the director has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the director’s duties in relation to the consideration of the matter. As soon as practicable after the relevant facts come to the knowledge of the director, the director must disclose the nature of the material personal interest to the other directors at the board meeting. The director may further participate in the board meeting only if a majority of the other directors present at the meeting vote in favour of the director’s further participation. However, the director may not participate in any vote on the matter at the meeting. A disclosure under subsection (2) must be recorded in the minutes of the meeting. A failure to make a disclosure under subsection (2) does not, of itself, invalidate a decision of the board. (sec.33-ssec.1) This section applies to a director if— a matter is being considered, or is about to be considered, at a board meeting; and the director has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the director’s duties in relation to the consideration of the matter. (sec.33-ssec.2) As soon as practicable after the relevant facts come to the knowledge of the director, the director must disclose the nature of the material personal interest to the other directors at the board meeting. (sec.33-ssec.3) The director may further participate in the board meeting only if a majority of the other directors present at the meeting vote in favour of the director’s further participation. (sec.33-ssec.4) However, the director may not participate in any vote on the matter at the meeting. (sec.33-ssec.5) A disclosure under subsection (2) must be recorded in the minutes of the meeting. (sec.33-ssec.6) A failure to make a disclosure under subsection (2) does not, of itself, invalidate a decision of the board.
- (a) a matter is being considered, or is about to be considered, at a board meeting; and
- (b) the director has a material personal interest in the matter; and
- (c) the material personal interest could conflict with the proper performance of the director’s duties in relation to the consideration of the matter.