Personal or pecuniary interests
6 Personal or pecuniary interests
If a matter arising before the Council or a committee (other than a question of general principle) affects the personal or pecuniary interests of a person directly, that person is ineligible to vote on that matter unless —
subclause (6) applies; or
a direction given by the Minister under subclause (3) applies; or
the Council or that committee, as the case may be, otherwise determines under subclause (3),
and, if ineligible, shall abstain from voting.
A member, and any person appointed to a committee or requested to attend a meeting of the Council or a committee, who has a direct personal or pecuniary interest, not being an interest to which subclause (6) applies, in a matter being considered or about to be considered by the Council or a committee shall before, or as soon as practicable after, the matter arises for consideration —
disclose fully, as soon as possible after the relevant facts have come to the knowledge of that person, the nature of the interest at a meeting of the Council or that committee, as the case requires; and
subsequently, where the person is present at any meeting of the Council or a committee where the relevant matter is to be considered, declare shortly the nature of the interest and where and when it was disclosed fully under this subclause.
A disclosure under subclause (2) shall be recorded in the minutes of the meeting of the Council or the committee concerned, as the case requires, and the person having the interest shall not, unless the Minister otherwise directs or the Council or that committee, as the case may be, otherwise determines —
be present during any deliberation; or
take part in any decision,
of the Council or that committee with respect to the matter to which the disclosure relates.
For the purpose of the making of a determination by the Council or the committee concerned, as the case requires, under subclause (3) in relation to a person who has made a disclosure under subclause (2), the person who has the interest in the matter to which the disclosure relates shall not —
be present during any deliberation of the Council or that committee for the purpose of making that determination; or
take part in the making of that determination by the Council or that committee.
A person who contravenes subclause (1), (2), (3) or (4) commits an offence.
Penalty: $5 000.
The Minister may, on being satisfied on the application of any person that the nature and extent of any interest of that person has been fully disclosed to the Minister, direct in writing that the interest is an interest to which this clause, other than this subclause and subclauses (7) and (8), shall not apply.
Where the Minister gives a direction under subclause (6), the person having that interest shall lodge a copy of the direction with the Executive Officer, who shall report the direction, but not the nature or extent of any interest disclosed, to the next meeting of the Council.
Any question as to whether or not an interest is of the nature and extent disclosed under subclause (6) may be determined by the Minister.
The requirements of this clause do not apply in a case where the interest of the person consists only of being —
a member or creditor of a corporation that is interested in a contract or proposed contract related to the matter arising; or
a member of a body by which that person was nominated for the purposes of this Act,
if the interest of that person may properly be regarded as not being both a material personal and also a pecuniary interest of the person.
For the purposes of this clause, a general notice given to the Council or the committee by a person to the effect that the person is an officer of or associated with a specified corporation, firm or body and is to be regarded as having a pecuniary interest in any contract that may, after the date of the notice, be made with that corporation, firm or body shall be deemed to be a sufficient disclosure of that interest if —
the notice states the nature and extent of the interest of the person in the corporation or firm or body; and
the extent of the interest of that person in the corporation, firm or body is not greater than is stated in the notice.
[Clause 6 amended: No. 78 of 1995 s. 147.]
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