16BCertain officials appointed under a law to a body—consequences of disclosing interests

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.

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