Queensland Consolidated Acts Queensland Consolidated Acts(1) An administrator for an adult may enter into a conflict transaction only if the tribunal authorises the transaction, conflict transactions of that type or conflict transactions generally.
(2) A conflict transaction is a transaction in which there may be conflict, or which results in conflict, between--
(a) the duty of an administrator towards the adult; and
(b) either--
(i) the interests of the administrator or a person in a close personal or business relationship with the administrator; or
(ii) another duty of the administrator.
Examples--
1 A conflict transaction happens if an administrator buys the adult's car.
2 A conflict transaction does not happen if an administrator is acting under section 55 to maintain the adult's dependants.
(3) However, a transaction is not a conflict transaction only because by the transaction the administrator in the administrator's own right and on behalf of the adult--
(a) deals with an interest in property jointly held; or
(b) acquires a joint interest in property; or
(c) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in paragraph (a) or (b).
(4) A conflict transaction between an administrator and a person who does not know, or have reason to believe, the transaction is a conflict transaction is, in favour of the person, as valid as if the transaction were not a conflict transaction.
(5) In this section--
joint interest includes an interest as a joint tenant or tenant in common.