Australian Capital Territory Numbered Acts

FINANCIAL MANAGEMENT (BOARD COMPOSITION) AMENDMENT ACT 2009 (NO. 48 OF 2009) - SECT 4

New section 78 (4A) and (4B)

insert

    (4A)     Also, unless the establishing Act otherwise provides, a person must not be appointed as a member if—

        (a)     the person is a public servant; and

        (b)     if the governing board has a maximum of 6 members or less—the appointment would result in more than 1 public servant being a member of the board; and

        (c)     if the governing board has a maximum of more than 6 members—the appointment would result in more than 2 public servants being members of the board.

    (4B)     Subsection (4A) does not apply if—

        (a)     the Minister is satisfied that there are special circumstances justifying the appointment; and

        (b)     the Legislative Assembly approves, by resolution, the appointment.