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VICAct
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s 28

Circumstances in which a person does not have a conflict of interest

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

28 Circumstances in which a person does not have a conflict of interest

For the purposes of this Division, a person does not have a specific conflict of interest or general conflict of interest in a matter in the following circumstances—

(a)

the person—

(i)

does not know the circumstances that give rise to the conflict of interest; and

(ii)

would not reasonably be expected to know the circumstances that give rise to the conflict of interest;

(b)

the conflict of interest is so remote or insignificant that it could not reasonably be regarded as capable of influencing any actions or decisions of the person in relation to the matter;

(c)

the conflict of interest only arises because of an interest held by the person or another person—

(i)

in common as a resident, ratepayer, taxpayer or voter and does not exceed the interests generally held by other residents, ratepayers, taxpayers or voters; or

(ii)

in common with another large class of persons and does not exceed the interests generally held by members of the class of persons;

(d)

the conflict of interest only arises because the person, or a family member of the person, is a member of a religious group;

(e)

the conflict of interest only arises because the person, or a family member of the person, is a member (other than an office holder) of a community group, sporting club or similar organisation;

(f)

the conflict of interest only arises because the person—

(i)

holds the interest in a prescribed circumstance; or

(ii)

is a member of a prescribed organisation or group, or is a member of an organisation or group that is a prescribed class of organisation or group.

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