South Australian Consolidated Acts

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ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 19

19—Conflict of interest

        (1)         The Chairperson, an Acting Chairperson, a Commissioner or a delegate of the Commission must inform the Minister in writing of—

            (a)         any direct or indirect interest that the person has or acquires in any business, or in any body corporate carrying on business, in Australia or elsewhere; or

            (b)         any other direct or indirect interest that the person has or acquires that conflicts or may conflict with the person's functions.

        (2)         The Chairperson, Acting Chairperson, Commissioner or delegate must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the person's functions in relation to a particular matter, and, unless the conflict is resolved to the Minister's satisfaction, the person is disqualified from acting in relation to the matter.

        (3)         This section does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

        (4)         A failure to comply with this section does not affect the validity of an act or decision of the Chairperson, Acting Chairperson, Commissioner or delegate.



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