QLDIn ForceAct
City of Brisbane Act 2010
sec.177RProcedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest
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### sec.177R Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest
This section applies in relation to a meeting if—
a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and
there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.
The council must do 1 of the following—
delegate deciding the matter under section 238 , unless the matter can not be delegated under that section;
decide, by resolution, to defer the matter to a later meeting;
decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the council must decide the matter.
The council must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.
A councillor does not contravene section 177H (1) , 177J (2) , 177MA or 177P (5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or making a decision under subsection (2) (b) or (c) .
s 177R ins 2020 No. 20 s 81
amd 2023 No. 30 s 16
om 2026 No. 5 s 24 (uncommenced amendment)
(sec.177R-ssec.1) This section applies in relation to a meeting if— a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.
(sec.177R-ssec.2) The council must do 1 of the following— delegate deciding the matter under section 238 , unless the matter can not be delegated under that section; decide, by resolution, to defer the matter to a later meeting; decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the council must decide the matter.
(sec.177R-ssec.3) The council must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.
(sec.177R-ssec.4) A councillor does not contravene section 177H (1) , 177J (2) , 177MA or 177P (5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or making a decision under subsection (2) (b) or (c) .
- (a) a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and
- (b) there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.
- (a) delegate deciding the matter under section 238 , unless the matter can not be delegated under that section;
- (b) decide, by resolution, to defer the matter to a later meeting;
- (c) decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the council must decide the matter.