CTHRepealedAct
National Occupational Health and Safety Commission Act 1985
19ASpecial rules for Commission decisions affecting bodies and people who nominate Commission members
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#### 19A Special rules for Commission decisions affecting bodies and people who nominate Commission members
(1) This section applies where:
(a) a body that nominates a member of the Commission under paragraph 10(1)(b) or (c); or
(b) a State; or
(c) a Minister who nominates a member of the Commission under paragraph 10(1)(e) or (f);
has a direct or indirect pecuniary interest in a matter being considered by the Commission.
(2) A Minister is not taken to have a direct or indirect pecuniary interest in a matter merely because the Commonwealth has or may have such an interest.
(3) The member or members nominated by that body, by the Premier of that State or by that Minister must not:
(a) be present during any deliberation of the Commission about the matter; or
(b) take part in any decision of the Commission about the matter.
(4) Where a member affected by subsection (3) was nominated under paragraph 10(1)(b) or (c), then, for the purposes of the Commission’s deliberation and decision:
(a) paragraphs 19(4) and 19(5) do not apply; and
(b) the quorum is constituted by three‑quarters of the number of members who are not affected by subsection (3); and
(c) questions arising in relation to the matter are to be decided by an affirmative vote of at least three‑quarters of the number of members who are not affected by subsection (3).