sec.177LInterests that are not declarable conflicts of interest

### sec.177L Interests that are not declarable conflicts of interest A councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if— the conflict of interest is a prescribed conflict of interest in the matter; or the conflict of interest arises solely because— the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member of a political party; or the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or the conflict of interest arises solely because— the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor. For subsection (1) (e) , for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 177D or 177E to a close associate of a councillor is taken to be a reference to a related party of the councillor. Section 177D (2A) and (3) applies for working out, under subsection (1) (e) (ii) , the total gifts, loans and sponsored travel or accommodation benefits given by the entity as if a reference in that section to a donor were a reference to the entity. In this section— patron , of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative. sponsored travel or accommodation benefit see section 177E . s 177L ins 2020 No. 20 s 81 amd 2023 No. 30 s 12 om 2026 No. 5 s 24 (uncommenced amendment) (sec.177L-ssec.1) A councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if— the conflict of interest is a prescribed conflict of interest in the matter; or the conflict of interest arises solely because— the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member of a political party; or the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or the conflict of interest arises solely because— the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor. (sec.177L-ssec.2) For subsection (1) (e) , for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 177D or 177E to a close associate of a councillor is taken to be a reference to a related party of the councillor. (sec.177L-ssec.2A) Section 177D (2A) and (3) applies for working out, under subsection (1) (e) (ii) , the total gifts, loans and sponsored travel or accommodation benefits given by the entity as if a reference in that section to a donor were a reference to the entity. (sec.177L-ssec.3) In this section— patron , of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative. sponsored travel or accommodation benefit see section 177E . - (a) the conflict of interest is a prescribed conflict of interest in the matter; or - (b) the conflict of interest arises solely because— (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (iii) the councillor, or a related party of the councillor, is a member of a political party; or (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or - (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or - (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or - (iii) the councillor, or a related party of the councillor, is a member of a political party; or - (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or - (c) the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or - (e) the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or - (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and - (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or - (f) the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or - (g) the conflict of interest arises solely because— (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor. - (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or - (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or - (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor. - (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or - (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or - (iii) the councillor, or a related party of the councillor, is a member of a political party; or - (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or - (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and - (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or - (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or - (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or - (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.