Disclosure of pecuniary interests
19 Disclosure of pecuniary interests
In this section—
Board member means the Chairperson or other member of the Board.
If—
a Board member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and
the interest appears to raise a conflict with the proper performance of the Board member’s duties in relation to the consideration of the matter,
the Board member must, as soon as possible after the relevant facts have come to the Board member’s knowledge, disclose the nature of the interest at a meeting of the Board.
If—
the Chief Executive Officer has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Chief Executive Officer in connection with his or her functions (otherwise than at a meeting of the Board), and
the interest appears to raise a conflict with the proper performance of the Chief Executive Officer’s duties in relation to the consideration of the matter,
the Chief Executive Officer must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Minister.
A disclosure by a Board member at a meeting of the Board that the Board member, or by the Chief Executive Officer to the Minister that the Chief Executive Officer—
is a member, or is in the employment, of a specified company or other body, or
is a partner, or is in the employment, of a specified person, or
has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this section.
Particulars of any disclosure made under this section must be recorded by Destination NSW in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person.
After a Board member has disclosed the nature of an interest in any matter, the Board member must not, unless the Minister or the Board otherwise determines—
be present during any deliberation of the Board with respect to the matter, or
take part in any decision of the Board with respect to the matter.
For the purposes of the making of a determination by the Board under subsection (6), a Board member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—
be present during any deliberation of the Board for the purpose of making the determination, or
take part in the making by the Board of the determination.
After the Chief Executive Officer has disclosed the nature of an interest in any matter to the Minister, the Chief Executive Officer must not, unless the Minister otherwise determines, exercise his or her functions with respect to the matter.
A contravention of this section does not invalidate any decision of the Board or the Chief Executive Officer.
This Act’s bill:Explanatory memorandumSecond reading speech
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