Governance of Australian Government Superannuation Schemes Act 2011

The Board is taken to have made a decision at a meeting if:

without meeting, 6 directors indicate agreement with the proposed decision in accordance with the method determined by the Board under subsection (2); and

either:

if the proposed decision concerns only the military schemes—all directors were informed of the proposed decision; or

in any other case—all directors were informed of the proposed decision, or reasonable efforts were made to inform all directors of the proposed decision.

Subsection (1) applies only if the Board has determined, in writing:

that it may make decisions without meeting; and

the method by which directors are to indicate agreement with proposed decisions.

Paragraph (1)(a) does not apply to:

a director who is prevented by subsection 22(5) from deliberating on the proposed decision; or

a director who is prevented by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision.