South Australian Consolidated Acts South Australian Consolidated Acts (1) A member of
the Board has an interest in a matter before the Board if—
(a) the
member or a person with whom the member is closely associated would, if the
matter were decided in a particular manner, receive or have a reasonable
expectation of receiving a direct or indirect pecuniary benefit or suffer or
have a reasonable expectation of suffering a direct or indirect pecuniary
detriment; or
(b) the
member or a person with whom the member is closely associated would, if the
matter were decided in a particular manner, obtain or have a reasonable
expectation of obtaining a non-pecuniary benefit or suffer or have a
reasonable expectation of suffering a non-pecuniary detriment,
(not, in the case of a member who is a pastoralist, being a benefit or
detriment that would be enjoyed or suffered in common by all or a substantial
proportion of pastoralists).
(2) A person is
closely associated with a member of the Board if that person is—
(a) a
body corporate of which the member is a director or a member of the governing
body; or
(b) a
proprietary company in which the member is a shareholder; or
(c) a
beneficiary under a trust or an object of a discretionary trust of which the
member is a trustee; or
(d) a
partner of the member; or
(e) an
employer or an employee of the member; or
(f) the
spouse, domestic partner, parent or child of the member.
(3) A member of
the Board who has an interest in a matter before the Board must disclose the
existence of that interest to the Board.
Maximum penalty: $5 000 or imprisonment for 1 year.
(4) A disclosure made
under subsection (1) must be recorded in the minutes of the Board.
(5) A member of
the Board who has an interest in a matter before the Board—
(a) must
not take part in any discussion by the Board relating to that matter; and
(b) must
not vote in relation to that matter; and
(c) must
be absent from the meeting room when any such discussion or voting is taking
place.
Maximum penalty: $5 000 or imprisonment for 1 year.
(6) It is a defence to
a charge of an offence against this section for the defendant to prove that,
at the time of the alleged offence, the defendant was unaware of his or her
interest in the matter.
(7) The fact that a
member has failed to comply with this section in relation to a matter does
not, of itself, invalidate a resolution or decision on that matter, but, where
it appears that the non-compliance may have had a decisive influence on the
passing of the resolution or the making of the decision, the Supreme Court
may, on the application of the Board, the Minister or any person affected by
the resolution or decision, annul the resolution or decision and make such
ancillary orders as it thinks fit.
(8) In this
section—
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"spouse"—a person is the spouse of another if they are legally married.