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OCCUPATIONAL LICENSING (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 26 OF 2011) - SECT 111 Disclosure of conflict of interest

OCCUPATIONAL LICENSING (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 26 OF 2011) - SECT 111

Disclosure of conflict of interest

    (1)     If:

    (a)     a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Licensing Board; and

    (b)     the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter;

the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.

    (2)     Particulars of any disclosure made under this section must be recorded by the Licensing Board in a register of interests kept for the purpose.

    (3)     After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Licensing Board otherwise decides:

    (a)     be present during any deliberation of the Board with respect to the matter; or

    (b)     take part in any decision of the Board with respect to the matter.

    (4)     For the purposes of the making of a decision by the Licensing Board under subsection (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not:

    (a)     be present during any deliberation of the Board for the purpose of making the decision; or

    (b)     take part in the making by the Board of the decision.

    (5)     A contravention of this section does not invalidate any decision of the Licensing Board but if the Board becomes aware a member of the Board contravened this section the Board must reconsider any decision made by the Board in which the member took part in contravention of this section.