sec.150ESProcedure if councillor has declarable conflict of interest

### sec.150ES Procedure if councillor has declarable conflict of interest This section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 150EQ (2) or (3) or decided by eligible councillors at a meeting under section 150ER (2) . However, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision. The eligible councillors at the meeting must, by resolution, decide— for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— may participate in the decision despite the councillor’s conflict of interest; or must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or for another matter, whether the councillor— may participate in a decision about the matter at the meeting, including by voting on the matter; or must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter. The eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3) (a) (i) or (b)(i). The eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3) (b) (i) , but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on. The councillor must comply with— a decision under subsection (3) (a) (ii) or (b)(ii); or any conditions imposed on a decision under subsection (4) . Maximum penalty—100 penalty units or 1 year’s imprisonment. However, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 150EV . s 150ES ins 2020 No. 20 s 104 om 2026 No. 5 s 107 (uncommenced amendment) (sec.150ES-ssec.1) This section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 150EQ (2) or (3) or decided by eligible councillors at a meeting under section 150ER (2) . (sec.150ES-ssec.2) However, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision. (sec.150ES-ssec.3) The eligible councillors at the meeting must, by resolution, decide— for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— may participate in the decision despite the councillor’s conflict of interest; or must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or for another matter, whether the councillor— may participate in a decision about the matter at the meeting, including by voting on the matter; or must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter. (sec.150ES-ssec.4) The eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3) (a) (i) or (b)(i). The eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3) (b) (i) , but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on. (sec.150ES-ssec.5) The councillor must comply with— a decision under subsection (3) (a) (ii) or (b)(ii); or any conditions imposed on a decision under subsection (4) . Maximum penalty—100 penalty units or 1 year’s imprisonment. (sec.150ES-ssec.6) However, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 150EV . - (a) for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— (i) may participate in the decision despite the councillor’s conflict of interest; or (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or - (i) may participate in the decision despite the councillor’s conflict of interest; or - (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or - (b) for another matter, whether the councillor— (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter. - (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or - (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter. - (i) may participate in the decision despite the councillor’s conflict of interest; or - (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or - (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or - (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter. - (a) a decision under subsection (3) (a) (ii) or (b)(ii); or - (b) any conditions imposed on a decision under subsection (4) .