Commonwealth Consolidated Acts

PRIMARY INDUSTRIES RESEARCH AND DEVELOPMENT ACT 1989 - SECT 138

Applied provisions

  (1)   Divisions   6 and 8 of Part   2 (other than subsection   48(2) and sections   53, 65, 66 and 74) apply in relation to a Selection Committee, the Presiding Member of the Selection Committee and the members of the Selection Committee as if:

  (a)   references in those Divisions to an R&D Corporation were references to the Selection Committee; and

  (b)   references in those Divisions to the Chairperson of an R&D Corporation were references to the Presiding Member; and

  (c)   references in those Divisions to a director of an R&D Corporation were references to a member of the Selection Committee; and

  (d)   the reference in subsection   47(1) to the functions of an R&D Corporation were a reference to the function of the Selection Committee; and

  (e)   the reference in subsection   48(3) to the Deputy Chairperson of an R&D Corporation were omitted; and

  (f)   the references in section   73 to a nominated director of an R&D Corporation were references to a member of the Selection Committee.

Disclosure of interests

  (2)   If:

  (a)   a member of the Selection Committee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee; and

  (b)   the interest could conflict with the proper performance of the member's duties in relation to the matter;

the member must disclose the nature of the interest at a meeting of the Committee as soon as practicable after the member knows the relevant facts.

  (3)   The disclosure must be recorded in the minutes of the meeting.

  (4)   Unless the Committee determines otherwise, the member must not:

  (a)   be present during any deliberation of the Committee in relation to the matter; or

  (b)   take part   in any decision of the Committee in relation to the matter.

  (5)   A member who has a direct or indirect pecuniary interest in a matter to which a disclosure relates must not:

  (a)   be present during any deliberation of the Committee for the purpose of making a determination under subsection   (4); or

  (b)   take part   in the Committee's making of the determination.

  (6)   The Minister may terminate the appointment of a member (including the Presiding Member) of a Selection Committee if the member, without reasonable excuse, contravenes subsection   (2), (4) or (5).