Commonwealth Consolidated Acts

NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ACT 1992 - SECT 42A

CEO—disclosure on appointment

             (1)  Before starting to hold office, the CEO must give to the Minister a written statement of any interest the CEO has that may relate to the functions of the CEO.

CEO—disclosures during term of appointment

             (2)  If the CEO has, or acquires, an interest that could conflict with the proper performance of the CEO’s functions, the CEO must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Minister.

Members of Council and committees—disclosures on appointment

             (3)  Before starting to hold office:

                     (a)  a member of the Council; or

                     (b)  a member of a committee;

must give to the CEO a written statement of any interest the member has that may relate to any activity of the Council or committee.

Members of Council and committees—disclosures at or before meetings

             (4)  A member of the Council or of a committee who has an interest in a matter being considered, or about to be considered, by the Council or committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest:

                     (a)  at a meeting of the Council or committee; or

                     (b)  if the matter is to be decided before a meeting of the Council or committee takes place:

                              (i)  if the member is the Chair of the Council or committee—to the CEO; or

                             (ii)  otherwise—to the Chair of the Council or committee.

             (5)  A member who has disclosed an interest in a matter under subsection (3) or (4) must not:

                     (a)  be present when the Council or committee considers the matter; or

                     (b)  take part in any decision of the Council or committee in relation to the matter.

             (6)  Subsection (5) does not apply if:

                     (a)  if the member is the Chair of the Council or committee—the CEO otherwise determines; or

                     (b)  otherwise—the Chair of the Council or committee otherwise determines.

             (7)  A member’s disclosure at a Council or committee meeting must be recorded in the minutes of the meeting.

             (8)  A member’s disclosure, given otherwise than at a Council or committee meeting, must be recorded in the minutes of the first Council or committee meeting after the disclosure.

Note:          For disclosures of interests by the Commissioner, see section 76.