Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 107

[DAA to notify business interests to Minister]

             (1)  The DAA must give written notice to the Minister of all direct or indirect pecuniary interests that the DAA has or acquires in any business, or in any body corporate carrying on a business.

[DAA to notify potential conflict of interest to Minister]

             (2)  If the DAA has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the DAA, the DAA must:

                     (a)  give written notice to the Minister of that interest; and

                     (b)  take no further action on the matter before:

                              (i)  the end of 28 days after the date on which the Minister receives the notice; or

                             (ii)  the date on which written advice of a decision of the Minister under subsection (4) is given in relation to the matter;

                            whichever first occurs.

[Minister may direct DAA to delegate]

             (3)  If:

                     (a)  the DAA has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the DAA; and

                     (b)  the Minister considers that the interest could conflict with the proper performance of the DAA's functions in relation to that matter;

then:

                     (c)  the Minister must give the DAA a written notice directing the DAA:

                              (i)  not to deal with the matter personally; and

                             (ii)  to delegate the DAA's functions and powers in relation to that matter to an SES employee or acting SES employee occupying a specified position in the Department; and

                            (iii)  not to delegate the DAA's functions and powers in relation to that matter to any other person; and

                     (d)  the DAA must comply with the direction.

[Minister may allow DAA to deal with matter personally]

             (4)  If:

                     (a)  the DAA has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the DAA; and

                     (b)  the Minister does not consider that the interest could conflict with the proper performance of the DAA's functions in relation to that matter;

the Minister may give the DAA a written notice stating that the Minister has no objection to the DAA dealing with the matter personally.

[Minister's direction to be given within 28 days of notification of DAA's interest]

             (5)  If:

                     (a)  the DAA has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the DAA; and

                     (b)  the Minister considers that the interest could conflict with the proper performance of the DAA's functions in relation to that matter; and

                     (c)  the DAA gives written notice to the Minister of that interest under subsection (2);

a direction under subsection (3) in relation to that matter has no effect unless it is given before the end of 28 days after the date on which the Minister receives the notice.