QLDIn ForceAct
Queensland Heritage Act 1992
sec.28Disclosure of interests of committee members
Start here
Get a plain-English read of sec.28
Turn the raw legal text into a practical explanation grounded in Queensland Heritage Act 1992.
### sec.28 Disclosure of interests of committee members
This section applies to a committee member (the interested person ) if—
the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and
the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.
As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.
Unless the committee otherwise directs, the interested person must not—
be present when the committee considers the matter; or
take part in a decision of the committee about the matter; or
if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.
The interested person must not be present when the committee is considering whether to give a direction under subsection (3) .
If there is another member who must, under subsection (2) , also disclose an interest in the matter, the other member must not—
be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or
take part in making the decision about giving the direction.
Subsection (7) applies if—
because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and
there would be a quorum if the committee member were present.
The remaining committee members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the committee meeting.
A disclosure under subsection (2) must be recorded in the committee’s minutes.
s 28 ins 2003 No. 32 s 6
amd 2014 No. 61 s 10
(sec.28-ssec.1) This section applies to a committee member (the interested person ) if— the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.
(sec.28-ssec.2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.
(sec.28-ssec.3) Unless the committee otherwise directs, the interested person must not— be present when the committee considers the matter; or take part in a decision of the committee about the matter; or if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.
(sec.28-ssec.4) The interested person must not be present when the committee is considering whether to give a direction under subsection (3) .
(sec.28-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the matter, the other member must not— be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or take part in making the decision about giving the direction.
(sec.28-ssec.6) Subsection (7) applies if— because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the committee member were present.
(sec.28-ssec.7) The remaining committee members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the committee meeting.
(sec.28-ssec.8) A disclosure under subsection (2) must be recorded in the committee’s minutes.
- (a) the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and
- (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.
- (a) be present when the committee considers the matter; or
- (b) take part in a decision of the committee about the matter; or
- (c) if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.
- (a) be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or
- (b) take part in making the decision about giving the direction.
- (a) because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and
- (b) there would be a quorum if the committee member were present.