12. When duty does not apply

Guide to this section

The purpose of this section is to set out when an official of a Commonwealth entity is not required to disclose a material personal interest that relates to the affairs of the entity.

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

  1. Subsection 29(1) of the Act does not apply to an official of a Commonwealth entity in the circumstances set out in the following table if the official is the accountable authority, or a member of the accountable authority, of the Commonwealth entity.
  2. Note: Subsection 29(1) of the Act requires an official of a Commonwealth entity who has a material personal interest that relates to the affairs of the entity to disclose details of the interest.

    Circumstances when duty to disclose does not apply
    Item Topic Circumstances
    1 Official’s remuneration The interest arises in relation to the official’s remuneration as the accountable authority or a member of the accountable authority.
    2 Insurance against liability The interest relates to a contract that insures, or would insure, the official against liabilities the official incurs as the accountable authority or a member of the accountable authority (but only if the contract does not make the Commonwealth entity or a subsidiary of the entity the insurer).
    3 Payment or contract relating to indemnity The interest relates to:

    (a) a payment by the Commonwealth entity or a subsidiary of the entity in relation to an indemnity permitted under section 61 of the Act; or

    (b) a contract relating to an indemnity permitted under section 61 of the Act.

    4 Official is a member of governing body of subsidiary The interest:

    (a) is in a contract, or a proposed contract:

    (i) with; or

    (ii) for the benefit of; or

    (iii) on behalf of;

    a subsidiary of the Commonwealth entity; and

    (b) arises merely because the official is, or is a member of, the governing body of the subsidiary.

  3. Subsection 29(1) of the Act also does not apply to an official of a Commonwealth entity who is a member of a Land Council established under section 21 of the Aboriginal Land Rights (Northern Territory) Act 1976 if the interest arises because:
    1. the official is a traditional Aboriginal owner in relation to land (within the meaning of that Act); or
    2. the official has an entitlement to enter land, and use or occupy that land, under section 71 of that Act.

Last updated: 20 June 2017