sec.177CPersonal interests in ordinary business matters of council

### sec.177C Personal interests in ordinary business matters of council This division does not apply in relation to a conflict of interest in a matter if the matter— is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or is solely, or relates solely to— making a planning scheme that applies to the whole of Brisbane; or amending a planning scheme, if the amendment applies to the whole of Brisbane; or is solely, or relates solely to, the preparation, adoption or amendment of a budget for the council; or is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the council is required to prepare or adopt under a local government related law; or is solely, or relates solely to— the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or is solely, or relates solely to— the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or the provision of superannuation entitlements or insurance for councillors; or a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council. Also, this division does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the council to be a member of the board of the corporation or association. In addition, this division does not apply in relation to a councillor’s conflict of interest in a matter if the councillor, close associate or related party of the councillor, or the donor mentioned in section 177D (1) (a) or 177E (1) (a) stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in Brisbane stand to gain or lose. However, if a councillor decides to voluntarily comply with this division in relation to personal interests of the councillor in the matter— the personal interests are taken to be a declarable conflict of interest; and this division applies as if eligible councillors had, under section 177O (2) , decided the councillor has a declarable conflict of interest in the matter. See section 177P for requirements for dealing with a conflict of interest mentioned in this subsection. In this section— government agency means— the State, a government entity or another local government; or another Australian government or an entity of another Australian government; or a local government of another State. s 177C ins 2018 No. 9 s 6 sub 2020 No. 20 s 81 amd 2023 No. 30 s 9 sub 2026 No. 5 s 24 (uncommenced amendment) (sec.177C-ssec.1) This division does not apply in relation to a conflict of interest in a matter if the matter— is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or is solely, or relates solely to— making a planning scheme that applies to the whole of Brisbane; or amending a planning scheme, if the amendment applies to the whole of Brisbane; or is solely, or relates solely to, the preparation, adoption or amendment of a budget for the council; or is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the council is required to prepare or adopt under a local government related law; or is solely, or relates solely to— the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or is solely, or relates solely to— the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or the provision of superannuation entitlements or insurance for councillors; or a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council. (sec.177C-ssec.2) Also, this division does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the council to be a member of the board of the corporation or association. (sec.177C-ssec.3) In addition, this division does not apply in relation to a councillor’s conflict of interest in a matter if the councillor, close associate or related party of the councillor, or the donor mentioned in section 177D (1) (a) or 177E (1) (a) stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in Brisbane stand to gain or lose. (sec.177C-ssec.4) However, if a councillor decides to voluntarily comply with this division in relation to personal interests of the councillor in the matter— the personal interests are taken to be a declarable conflict of interest; and this division applies as if eligible councillors had, under section 177O (2) , decided the councillor has a declarable conflict of interest in the matter. See section 177P for requirements for dealing with a conflict of interest mentioned in this subsection. (sec.177C-ssec.5) In this section— government agency means— the State, a government entity or another local government; or another Australian government or an entity of another Australian government; or a local government of another State. - (a) is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or - (b) is solely, or relates solely to— (i) making a planning scheme that applies to the whole of Brisbane; or (ii) amending a planning scheme, if the amendment applies to the whole of Brisbane; or - (i) making a planning scheme that applies to the whole of Brisbane; or - (ii) amending a planning scheme, if the amendment applies to the whole of Brisbane; or - (c) is solely, or relates solely to, the preparation, adoption or amendment of a budget for the council; or - (d) is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the council is required to prepare or adopt under a local government related law; or - (e) is solely, or relates solely to— (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or (ii) a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or - (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or - (ii) a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or - (f) is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or - (g) is solely, or relates solely to— (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or (ii) the provision of superannuation entitlements or insurance for councillors; or (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council. - (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or - (ii) the provision of superannuation entitlements or insurance for councillors; or - (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council. - (i) making a planning scheme that applies to the whole of Brisbane; or - (ii) amending a planning scheme, if the amendment applies to the whole of Brisbane; or - (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or - (ii) a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or - (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or - (ii) the provision of superannuation entitlements or insurance for councillors; or - (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council. - (a) the personal interests are taken to be a declarable conflict of interest; and - (b) this division applies as if eligible councillors had, under section 177O (2) , decided the councillor has a declarable conflict of interest in the matter. - (a) the State, a government entity or another local government; or - (b) another Australian government or an entity of another Australian government; or - (c) a local government of another State.