Aboriginal and Torres Strait Islander Elected Body Act 2008
27Disclosure of interests by ATSIEB members
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27 Disclosure of interests by ATSIEB members (1) If an ATSIEB member has a material interest in an issue being considered, or about to be considered, by ATSIEB, the member must disclose the nature of the interest at a meeting of ATSIEB as soon as practicable after the relevant facts come to the member’s knowledge. Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest. (2) The disclosure must be recorded in ATSIEB’s minutes and, unless ATSIEB otherwise decides, the member must not— (a) be present when ATSIEB considers the issue; or (b) take part in a decision of ATSIEB on the issue. (3) Any other member who also has a material interest in the issue must not be present when ATSIEB is considering its decision under subsection (2). associate, of a person, means— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
ATSIEB meetings Division 2.3 Section 27 indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue: (a) an associate of the person; (b) a corporation, if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation, if the person, or an associate of the person, is an executive officer of the corporation; (e) the trustee of a trust, if the person, or an associate of the person, is a beneficiary of the trust; (f) a member of a firm or partnership, if the person, or an associate of the person, is a member of the firm or partnership; (g) someone else carrying on a business, if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business. material interest—an ATSIEB member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to ATSIEB’s consideration of the issue.
Section 28 page 20 Aboriginal and Torres Strait Islander Elected Body