QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.20CDisclosure of interests
Start here
Get a plain-English read of sec.20C
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sec.20C Disclosure of interests
This section applies to a member if—
the member has an interest in an issue being considered, or about to be considered, by the board; and
the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.
After the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.
Unless the board otherwise directs, the member must not—
be present when the board considers the issue; or
take part in a decision of the board about the issue.
The member must not be present when the board is considering whether to give the direction.
If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—
be present when the board is considering whether to give the direction; or
take part in making the decision about giving the direction.
Subsections (7) and (8) apply if—
because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and
there would be a quorum if the member were present.
The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.
The disclosure must be recorded in the board’s minutes.
s 20C ins 2013 No. 38 s 5
(sec.20C-ssec.1) This section applies to a member if— the member has an interest in an issue being considered, or about to be considered, by the board; and the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.
(sec.20C-ssec.2) After the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.
(sec.20C-ssec.3) Unless the board otherwise directs, the member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.
(sec.20C-ssec.4) The member must not be present when the board is considering whether to give the direction.
(sec.20C-ssec.5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the board is considering whether to give the direction; or take part in making the decision about giving the direction.
(sec.20C-ssec.6) Subsections (7) and (8) apply if— because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and there would be a quorum if the member were present.
(sec.20C-ssec.7) The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
(sec.20C-ssec.8) If there are no members who may remain present for considering or deciding the issue, the Minister may consider and decide the issue.
(sec.20C-ssec.9) The disclosure must be recorded in the board’s minutes.
- (a) the member has an interest in an issue being considered, or about to be considered, by the board; and
- (b) the interest conflicts or may conflict with the proper performance of the member’s duties about the consideration of the issue.
- (a) be present when the board considers the issue; or
- (b) take part in a decision of the board about the issue.
- (a) be present when the board is considering whether to give the direction; or
- (b) take part in making the decision about giving the direction.
- (a) because of this section, a member is not present at a board meeting for considering or deciding the issue, or for considering or deciding whether to give the direction; and
- (b) there would be a quorum if the member were present.