Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p23
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 23/38)
Character Range: 75243–77828

For the purpose of making a determination by the Board under subsection (5), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:

(a) be present during any deliberation of the Board for the purpose of making the determination; or

(b) take part in making the determination.

"(7) Subsection (4) applies whether or not particulars of the interest in question have been disclosed under subsection (1) or (2).

Delegation by Board

"27q. The Board may delegate to:

(a) a member of the Board; or

(b) the Commissioner; or

(c) a member of the staff referred to in section 26;

all or any of its powers under this Act or the regulations except its power to reconsider its own decisions or decisions made by its delegates.

Indemnification of members of the Board

"27r. (1) Any matter or thing done, or omitted to be done, in good faith by:

(a) a member of the Board in the performance of functions under this Act; or

(b) a delegate of the Board in the performance of functions under this Act;

does not subject him or her to any action, liability, claim or demand.

"(2) Subsection (1) does not preclude the Board from being liable to any action, liability, claim or demand.

Vacancies not to invalidate actions of Board

"27s. An act done by the Board is not invalid merely because of a vacancy or vacancies in the membership of the Board.

Defective appointment not invalid etc.

"27t. (1) The appointment of a person as an appointed member is not invalid because of a defect or irregularity in or in connection with the appointment.

"(2) Anything done by or in relation to a person purporting to act under an appointment under section 27h is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in or in connection with the appointment; or

(c) the occasion for the person to act had not arisen or had ceased; or

(d) the appointment had ceased to have effect.

"(3) Subsection 24 (2) of the Superannuation Act 1990 extends to anything done for the purposes of this Act.

Staffing

"27u. (1) The Commissioner is responsible for the provision of administrative services to the Board in the performance of its functions.

"(2) In the discharge of functions under this section, the Commissioner must act in accordance with any policies determined, and any directions given, by the Board.

"(3) Anything done by the Commissioner in the name of, or on behalf of, the Board is to be taken to have been done by the Board.".

Objective and duties of Trust