Document ID: chunk:federal_register_of_legislation:C2008A00020:clause:1_37
Version: federal_register_of_legislation:C2008A00020
Segment Type: clause
Provision Reference: sch 1 cl 37
Character Range: 14293–15125

37  Subsection 27J(1)
Repeal the subsection, substitute:

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.