NSWIn ForceAct
Mining Act 1992
364Minister or official not to be interested in authority or small-scale title
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#### 364 Minister or official not to be interested in authority or small-scale title
364 Minister or official not to be interested in authority or small-scale title
> > (1) A person must not, while holding office in an official capacity for the purposes of this Act and while exercising functions in that capacity, hold either directly or indirectly a beneficial interest in an authority or a small-scale title.
>
> > (1A) The following are persons who hold office in an official capacity for the purposes of this Act—
> >
> > > (a) the Minister,
> >
> > > (b) an inspector,
> >
> > > (c) a member of staff of the Department who exercises functions under this Act or the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084),
> >
> > > (d) any other person who exercises any judicial or official functions under this Act or the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084).
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> > (2) This section does not prevent the Secretary from being the holder, on behalf of the Crown, of an authorisation.
>
> **s 364:** Am 2015 No 39, Sch 1 \[16\]; 2015 No 40, Sch 1 \[108\]; 2022 No 21, Sch 1\[126\].