Disclosure of interests by council members
176 Disclosure of interests by council members
This section applies to a member (the interested member) if—
the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and
the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.
As soon as practicable after the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a council meeting.
Unless the council otherwise directs, the interested member must not—
be present when the council considers the issue; or
take part in a decision of the council about the issue.
The interested member must not be present when the council 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 issue, the other member must not—
be present when the council is considering whether to give a direction under subsection (3) about the interested member; or
take part in making the decision about giving the direction.
If—
because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and
there would be a quorum if the member were present,
the remaining members present are a quorum of the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
A disclosure under subsection (2) must be recorded in the council’s minutes.
This Act’s bill:Explanatory memorandum
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