sec.164Disclosure of interests at meetings

sec.164 Disclosure of interests at meetings

This section applies if— a matter is to be considered at a meeting of the council; and at or before the meeting, a council member becomes aware that the member has a personal interest in the matter. For subsection (1) (b) , a council member has a personal interest in a matter if any of the following entities stands, or could reasonably be perceived to stand, to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter— the member; the member’s spouse; a parent, child or sibling of the member; a corporation of which the member is a director or in which the member holds shares; an employer or employee of the member; an employee or director of a corporation of which the member is a director or in which the member holds shares; a person in a partnership with the member; a person who is a trustee or beneficiary of a trust of which the member is a trustee or beneficiary; a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the member. The council member must— if the member becomes aware of the personal interest at the meeting—immediately disclose the nature of the interest to the other members at the meeting; or otherwise—give a notice disclosing the nature of the personal interest to the other members before the meeting. Maximum penalty—100 penalty units. The council member must not— be present when the council considers the matter; or take part in a decision of the council about the matter. Maximum penalty—100 penalty units. Subsection (6) applies if— because of this section, a council member is not present at a council meeting for considering or deciding a matter; and there would be a quorum if the member were present. The remaining council members present are a quorum of the council for considering or deciding the matter at the meeting. A disclosure under subsection (3) must be recorded in the council’s minutes for the meeting. A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council. (sec.164-ssec.1) This section applies if— a matter is to be considered at a meeting of the council; and at or before the meeting, a council member becomes aware that the member has a personal interest in the matter. (sec.164-ssec.2) For subsection (1) (b) , a council member has a personal interest in a matter if any of the following entities stands, or could reasonably be perceived to stand, to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter— the member; the member’s spouse; a parent, child or sibling of the member; a corporation of which the member is a director or in which the member holds shares; an employer or employee of the member; an employee or director of a corporation of which the member is a director or in which the member holds shares; a person in a partnership with the member; a person who is a trustee or beneficiary of a trust of which the member is a trustee or beneficiary; a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the member. (sec.164-ssec.3) The council member must— if the member becomes aware of the personal interest at the meeting—immediately disclose the nature of the interest to the other members at the meeting; or otherwise—give a notice disclosing the nature of the personal interest to the other members before the meeting. Maximum penalty—100 penalty units. (sec.164-ssec.4) The council member must not— be present when the council considers the matter; or take part in a decision of the council about the matter. Maximum penalty—100 penalty units. (sec.164-ssec.5) Subsection (6) applies if— because of this section, a council member is not present at a council meeting for considering or deciding a matter; and there would be a quorum if the member were present. (sec.164-ssec.6) The remaining council members present are a quorum of the council for considering or deciding the matter at the meeting. (sec.164-ssec.7) A disclosure under subsection (3) must be recorded in the council’s minutes for the meeting. (sec.164-ssec.8) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.