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TGA advisory committee guidelines

Declarations of interests, managing conflicts of interests and confidentiality obligations, Version 1.9, August 2016

7 September 2016

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C. Relevant legislative provisions

The Regulations do not refer to 'conflicts of interest' as such. However, they contain provisions for the disclosure of 'personal' interests by members of the statutory advisory committees (and their subcommittees) established under the Regulations that are designed to ensure that any conflicts of interest that may arise can be managed appropriately by the relevant committee.

Subregulations 42(4) to (7) (refer Attachment A) require that:

  • any member of a committee (or of one of its subcommittees) who is aware that he or she has a direct or indirect material personal interest (whether pecuniary or not) in a matter being considered, or about to be considered at a meeting, discloses, without delay, the nature of the interest at, or before the meeting of the committee
  • the disclosure be recorded in the minutes of the meeting
  • the member must not, unless the committee otherwise determines, either be present during any deliberation of the committee about the matter or take part in any decision of the committee about that matter
  • when a committee is making a determination about a member who has made a disclosure, the member, and any other member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates, must not either be present during any deliberation of the committee nor take part in making the determination.

The Minister may, under the Regulations, terminate a member's appointment if the member fails to comply with these disclosure obligations.

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