QLDIn ForceAct
Local Government Act 2009
sec.150EUProcedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest
Start here
Get a plain-English read of sec.150EU
Turn the raw legal text into a practical explanation grounded in Local Government Act 2009.
### sec.150EU 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 local government must do 1 of the following—
delegate deciding the matter under section 257 , 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 local government must decide the matter.
The local government 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 150EK (1) , 150EM (2) , 150EPA or 150ES (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 150EU ins 2020 No. 20 s 104
amd 2023 No. 30 s 94
om 2026 No. 5 s 107 (uncommenced amendment)
(sec.150EU-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.150EU-ssec.2) The local government must do 1 of the following— delegate deciding the matter under section 257 , 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 local government must decide the matter.
(sec.150EU-ssec.3) The local government 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.150EU-ssec.4) A councillor does not contravene section 150EK (1) , 150EM (2) , 150EPA or 150ES (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 257 , 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 local government must decide the matter.