Commonwealth Consolidated Regulations

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS 2017 - REG 94

  (1)   Each member of the Pharmaceutical Benefits Advisory Committee must tell the Minister in writing, as soon as practicable after the beginning of each financial year, of all direct or indirect pecuniary interests that the member has, or proposes to acquire, in a business or in a body corporate carrying on a business that could conflict with the member's duties.

  (2)   If a member does not have an interest of the kind referred to in subsection   (1), the member must give a statement to that effect to the Minister.

  (3)   If the member presiding at a meeting of the Committee has a direct or indirect pecuniary interest in a matter that is to be considered at the meeting, the presiding member:

  (a)   must disclose the interest to the other members present at the meeting; and

  (b)   must not take part   in the meeting during the consideration of that matter unless the other members present at the meeting agree that the presiding member may take part   in the meeting.

  (4)   If the presiding member is precluded from taking part   in a meeting or part of a meeting because of paragraph   (3)(b):

  (a)   if the presiding member is the Chairperson of the Committee and a Deputy Chairperson of the Committee is present--the Deputy Chairperson must act in the place of the Chairperson for the duration of the Committee's consideration of the matter; or

  (b)   if:

  (i)   the presiding member is the Chairperson of the Committee and no Deputy Chairperson of the Committee is present; or

  (ii)   the Deputy Chairperson is the presiding member;

    the other members attending the meeting must elect a member who is present to act in the place of the presiding member for the duration of the Committee's consideration of the matter.

  (5)   If a member (other than the presiding member) of the Committee has a direct or indirect pecuniary interest in a matter that is to be considered at a meeting of the Committee, the member:

  (a)   must disclose the interest to the presiding member at the commencement of the meeting; and

  (b)   must not take part   in the meeting during the consideration of that matter unless the presiding member allows the member to take part   in the meeting.

  (6)   The following matters must be recorded in the minutes of a meeting of the Committee:

  (a)   a disclosure made under subsection   (3) or (5);

  (b)   an agreement under paragraph   (3)(b);

  (c)   consent of the presiding member under paragraph   (5)(b).