Queensland Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 6

6 Meaning of material personal interest

(1) A person has a material personal interest in an issue if the person has, or should reasonably have, a realistic expectation that, whether directly or indirectly, the person or an associate stands to gain a benefit or suffer a loss, including a benefit or loss as a director of a significant business entity under chapter 8, part 7 that is, or is to become, an LGOC, depending on the issue's outcome.

(2) An associate is any of the following persons--

(a) a spouse or other member of the person's household;
(b) an entity (other than a government entity) of which the person or the person's nominee is a member;
(c) a partner of the person;
(d) an employer (other than a government entity) of the person;
(e) a person prescribed by regulation.

(3) However, a person does not have a material personal interest in an issue--

(a) if the issue is about--
(i) the remuneration of councillors or members of a local government committee or directors of significant business entities that are, or are to become, LGOCs; or
(ii) salary, wages or other remuneration of local government employees; or
(iii) the terms on which goods, services or facilities are to be offered by the local government for use or enjoyment of the public in its area; or
(iv) the making or levying of a rate, or the fixing of a regulatory fee, by the local government; or
(v) a planning scheme of general application in the local government's area; or
(vi) provision of superannuation entitlements or accident insurance for councillors or employees of the local government; or
(b) if the interest is merely--
(i) as an elector, ratepayer or resident of the local government's area; or
(ii) as a user of goods, services or facilities supplied, or to be supplied, by the local government (whether under a contract or otherwise) as a member of the public in common with other members of the public; or
(iii) as a member of a non-profit, charitable or religious organisation involving no personal gain or loss to the person; or
(iv) as a member of another entity in which the member does not have personal financial interest; or
(c) merely because the person--
(i) is an employee of the State or a government entity; or
(ii) is a candidate for election or appointment as mayor or deputy mayor of the local government or chairperson, deputy chairperson, member or delegate member of any of its committees or a director of a significant business entity that is, or is to become, an LGOC or the shareholder's delegate for an LGOC; or
(iii) may become entitled to benefits under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the local government.

(4) This section does not apply to section 689.



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