Exemptions
129 Exemptions
A conflict of interest does not arise if any of the following applies—
the conflict of interest is so remote or insignificant that it could not be reasonably regarded as capable of influencing the actions or decisions of the relevant person in relation to the matter;
the interest that would give rise to a conflict of interest is held in common with a substantial proportion of the residents, ratepayers or electors of the municipal district and does not exceed the interest held by the other residents, ratepayers or electors;
the relevant person does not know the circumstances that give rise to the conflict of interest, and could not be reasonably expected to know those circumstances;
(d) the interest only arises because the relevant person is the representative of the Council on a not-for-profit organisation that has an interest in the matter and the relevant person receives no personal advantage from the not-for-profit organisation;
the interest only arises because a family member of the relevant person is a member but not an office-holder of a not-for-profit organisation;
the interest only arises because the relevant person is a member of a not-for-profit organisation that has expressed an opinion or advocated for an outcome in regard to the matter;
the interest arises in relation to a decision by a Councillor on a matter or in a circumstance that is prescribed to be exempt by the regulations.
This provision refers to the regulations (the regulations
). Made under this Act:
- City of Melbourne (Electoral) Regulations 2022 · under sections 325 and 326
- Local Government (Electoral) Regulations 2020 · under sections 325 and 326
- Local Government (Governance and Integrity) Regulations 2020 · under section 325
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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