Queensland Heritage Act 1992

This section applies to a committee member (the interested person) if—

the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and

the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.

As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.

Unless the committee otherwise directs, the interested person must not—

be present when the committee considers the matter; or

take part in a decision of the committee about the matter; or

if the matter is a heritage recommendation—make an oral representation to the council under part 4, division 5, subdivision 2 about the recommendation.

The interested person must not be present when the committee is considering whether to give a direction under subsection (3).

If there is another member who must, under subsection (2), also disclose an interest in the matter, the other member must not—

be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or

take part in making the decision about giving the direction.

Subsection (7) applies if—

because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3); and

there would be a quorum if the committee member were present.

The remaining committee members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the committee meeting.

A disclosure under subsection (2) must be recorded in the committee’s minutes.