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Lord Howe Island Act 1953
8Disclosure of pecuniary and other conflicts of interests
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#### 8 Disclosure of pecuniary and other conflicts of interests
8 Disclosure of pecuniary and other conflicts of interests
> > (1) If—
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> > > (a) a member has a direct or indirect pecuniary interest, or any other interest, in a matter being considered or about to be considered at a meeting of the Board, and
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> > > (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
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> > the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
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> > (2) A disclosure by a member at a meeting of the Board that the member—
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> > > (a) is a member, or is in the employment, of a specified company or other body, or
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> > > (b) is a partner, or is in the employment, of a specified person, or
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> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,
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> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
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> > (3) Particulars of any disclosure made under this clause must be recorded by the Board in a register of interests kept for the purpose and that register must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Board.
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> > (4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines—
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> > > (a) be present during any deliberation of the Board with respect to the matter, or
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> > > (b) take part in any decision of the Board with respect to the matter.
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> > (5) For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest, or any other interest, in a matter to which the disclosure relates must not—
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> > > (a) be present during any deliberation of the Board for the purpose of making the determination, or
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> > > (b) take part in the making by the Board of the determination.
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> > (6) A contravention of this clause does not invalidate any decision of the Board.
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> > (7) This clause applies to a member of a committee of the Board and the committee in the same way as it applies to a member of the Board and the Board.
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> > (8) If a meeting of the Board cannot be held for the purpose of making a decision or determination under this Act because, as a result of the operation of subclause (4), the Board is without a quorum, the decision or determination is to be made instead by the Minister after consultation with such Islanders as he or she considers appropriate.
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> > (9) If a meeting of the Board cannot be held for the purpose of making a recommendation to the Minister with respect to a decision or determination to be made by the Minister under this Act because, as a result of the operation of subclause (4), the Board is without a quorum, the Minister may make the decision or determination, after consultation with such Islanders as he or she considers appropriate, without the need for such a recommendation.
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> > (10) Immediately after it becomes apparent to the Chairperson that a meeting of the Board cannot be held as referred to in subclause (8) or (9), the Chairperson must cause notice of that fact to be given to the Minister.