128Material conflict of interest

128 Material conflict of interest (1) Subject to section 129, a relevant person has a ***material conflict of interest*** in respect of a matter if an affected person would gain a benefit or suffer a loss depending on the outcome of the matter. (2) The benefit may arise or the loss incurred— (a) directly or indirectly; or (b) in a pecuniary or non-pecuniary form. (3) For the purposes of this section, any of the following is an ***affected person***— (a) the relevant person; (b) a family member of the relevant person; (c) a body corporate of which the relevant person or their spouse or domestic partner is a Director or a member of the governing body; (d) an employer of the relevant person, unless the employer is a public body; (e) a business partner of the relevant person; (f) a person for whom the relevant person is a consultant, contractor or agent; (g) a beneficiary under a trust or an object of a discretionary trust of which the relevant person is a trustee; (h) a person from whom the relevant person has received a disclosable gift. (4) For the purposes of subsection (3)(h), ***disclosable gift*** means one or more gifts with a total value of, or more than, $500 or if an amount is prescribed for the purposes of this subsection, the prescribed amount, received from a person in the 5 years preceding the decision on the matter— (a) if the relevant person held the office of Councillor, was a member of Council staff or was a member of a delegated committee at the time the gift was received; or (b) if the gift was, or gifts were, or will be, required to be disclosed as an election campaign donation— but does not include the value of any reasonable hospitality received by the relevant person at an event or function that the relevant person attended in an official capacity as a Councillor, member of Council staff or member of a delegated committee.