Document ID: chunk:federal_register_of_legislation:C2004A03321:body:0:p8
Version: federal_register_of_legislation:C2004A03321
Segment Type: other
Provision Reference: 
Character Range: 18306–21087

to the member's knowledge, disclose the nature of the member's interest at a meeting of the Trust.
"(5) A disclosure under sub-section (4) shall be recorded in the minutes of the meeting of the Trust and the member shall not, unless the Trust or the Minister otherwise determines—
     (a) be present during any deliberation of the Trust with respect to that matter; or
     (b) take part in any decision of the Trust with respect to that matter.
"(6) For the purpose of the making of a determination by the Trust under sub-section (5) in relation to a member who has made a disclosure under sub-section (4), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not—
     (a) be present during any deliberation of the Trust for the purpose of making the determination; or
     (b) take part in the making by the Trust of the determination.
"(7) Where a member of the Trust is obliged by sub-section (4) to disclose the nature of an interest at a meeting of the Trust, the fact that the member has presented to a meeting of the Trust a statement under sub-section (1) or (3) that includes particulars of that interest does not relieve the member of the member's obligation under sub-section (4).".
(2) Section 34a of the Superannuation Act 1976 applies to and in relation to the persons who hold office as members of the Trust immediately before the commencement of this section as if—

     (a) the reference in paragraph 34a (1) (a) of that Act to the appointment of a person as a member of the Trust were a reference to the commencement of this section; and
     (b) the reference in paragraph 34a (1) (b) of that Act to each anniversary of a member's appointment as a member of the Trust were a reference to each such anniversary occurring after the commencement of this section.

Termination of appointment
15. Section 35 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
     "(1) The Governor-General may terminate the appointment of a member of the Trust for—
         (a) misbehaviour or physical or mental incapacity; or
         (b) inefficiency or incompetence.";
     (b) by omitting from sub-paragraph (2) (a) (i) "his" (wherever occurring) and substituting "the member's";
     (c) by omitting sub-paragraph (2) (a) (ii) and substituting the following sub-paragraph:
          "(ii) fails, without reasonable excuse, to comply with the member's obligations under section 34a;";
     (d) by omitting from paragraph (2) (b) "Chairman of the Trust" and substituting "principal member";
     (e) by omitting from sub-paragraph (2) (b) (i) "his" and substituting "the member's";
     (f) by omitting from sub-paragraph (2) (c) (i) "he" and substituting