16B. Certain officials appointed under a law to a body - consequences of having 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 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 a material personal interest that relates to the affairs of the entity; and

(d) a matter in which the official has the 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.

Related glossary terms: 

Last updated: 06 April 2017