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s 27

Meaning of specific conflict of interest

In force
Part 2Victorian Planning Authority
Division 4Conflicts of interest
Subdivision 1Interpretation

27 Meaning of specific conflict of interest

(1)

A person has a specific conflict of interest in a matter if any of the following persons would gain a benefit or suffer a loss (whether directly or indirectly and whether of a financial or non‑financial nature) depending on the outcome of the consideration of the matter—

(a)

the person;

(b)

a family member of the person;

(c)

a body corporate of which the person, or the person's spouse or domestic partner, is a director or member of the governing body;

(d)

a partner in a partnership of which the person is a partner;

(e)

an employer (other than a public sector body) of the person;

(f)

a person for whom the person acts as a consultant, contractor or agent;

(g)

a beneficiary under a trust or an object of a discretionary trust of which the person is a trustee;

(h)

a member of a prescribed class of persons.

(2)

A person (first person) also has a specific conflict of interest in a matter if the first person has received one or more gifts with a total value of, or more than, the threshold amount, from any of the following persons in the 5 years preceding the consideration of the matter—

(a)

a person who would gain a benefit or suffer a loss, whether directly or indirectly and whether of a financial or non-financial nature (a relevant interest), depending on the outcome of the consideration of the matter;

(b)

a director, consultant, contractor or agent (or the director's, consultant's, contractor's or agent's employees) of a person that the first person knows has a relevant interest in the matter;

(c)

a person who gives the gift to the first person on behalf of a person who has a relevant interest in the matter.

(3)

For the purposes of subsection (2), the threshold amount is $500 or a higher prescribed amount.

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