Commonwealth Consolidated Acts

COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27J

Restrictions on voting and being present

             (1)  A director of a Commonwealth authority who has a material personal interest in a matter that is being considered at a directors' meeting must not:

                     (a)  be present while the matter is being considered at the meeting; or

                     (b)  vote on the matter.

Penalty:  5 penalty units.

          (1A)  Subsection (1) does not apply if:

                     (a)  subsection (2) or (3) allows the director to be present; or

                     (b)  the interest does not need to be disclosed under section 27F.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code .

          (1B)  An offence based on subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

Participation with approval of other directors

             (2)  The director may be present and vote if directors who do not have a material personal interest in the matter have passed a resolution that:

                     (a)  identifies the director, the nature and extent of the director's interest in the matter and its relation to the affairs of the authority; and

                     (b)  states that those directors are satisfied that the interest should not disqualify the director from voting or being present.

Participation with Ministerial approval

             (3)  The director may be present and vote if they are so entitled under a declaration or order made by the responsible Minister under section 27K.

Effect of contravention by director

             (4)  A contravention by a director of:

                     (a)  this section; or

                     (b)  a condition attached to a declaration or order made by the responsible Minister under section 27K;

does not affect the validity of any resolution.