Document ID: chunk:federal_register_of_legislation:C2023C00441:section:72
Version: federal_register_of_legislation:C2023C00441
Segment Type: section
Provision Reference: s 72
Character Range: 81182–83113

72  Ministerial power to make declarations and class orders

Ministerial power to make specific declarations
 (1) The responsible Ministers may declare in writing that a Board member who has a material personal interest in a matter that is being, or is to be, considered at a Board meeting may, despite the Board member's interest, be present while the matter is being considered at the meeting, vote on the matter, or both be present and vote. However, the responsible Ministers may only make the declaration if:
 (a) the number of Board members entitled to be present and vote on the matter would be less than the quorum for a Board meeting if the Board member were not allowed to vote on the matter at the meeting; and
 (b) the matter needs to be dealt with urgently, or if there is some other compelling reason for the matter being dealt with at the Board meeting.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) The declaration may:
 (a) apply to all or only some of the Board members; or
 (b) specify conditions that the Board or Board member must comply with.
 (3) The declaration is not a legislative instrument.

Ministerial power to make class orders
 (4) The responsible Ministers may make an order in writing that enables Board members who have a material personal interest in a matter to be present while the matter is being considered at a Board meeting, vote on that matter, or both be present and vote. The order may be made in respect of a specified class of Board members, resolutions or interests.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5) The order may be expressed to be subject to conditions.
 (6) The nominated Minister must cause a copy of the order to be published on the internet.
 (7) The order is not a legislative instrument.

Part 5—The Future Fund Management Agency

Division 1—Introduction