AustLII Tasmanian Consolidated Acts

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ABORIGINAL LANDS ACT 1995 - SECT 36

PART 4 - Miscellaneous 36. Disclosure of pecuniary interests

      (1) In this section, "member" means a member of the Council.

      (2) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council, other than a determination as to the remuneration and allowances payable to a member, is required, as soon as possible after the relevant facts have come to the member's knowledge, to disclose the nature of the interest at a meeting of the Council if the interest appears to raise a conflict with the proper performance of the duties in relation to the consideration of the matter.

      (3) A disclosure by a member at a meeting of the Council that the member –

(a) is a member, or is in the employment, of a specified company or other body; or

(b) is a partner, or is in the employment, of a specified person; or

(c) has some other specified interest relating to a specified company or other body or a specified person –

is sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (2).

      (4) Particulars of any disclosure made under this section are to be recorded in a book kept for the purpose and that book is required to be open at all reasonable hours for inspection by any person on payment of the fee determined by the Council.

      (5) After a member has disclosed the nature of an interest in any matter or thing, the member may not, unless the other members of the Council concerned otherwise determine –

(a) be present during any deliberation, or take part in any decision, of the Council with respect to that matter or thing; or

(b) perform any function or exercise any power under this Act with respect to that matter or thing.

      (6) For the purposes of the making of a determination by other members under subsection (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates may not –

(a) be present during any deliberation of those members for the purposes of making the determination; or

(b) take part in the making by the other members of the determination.

      (7) A contravention of this section does not invalidate any decision of the Council or the exercise of any function under this Act.

      (8) This section does not apply to an interest of a member (being the provision of goods or services to the member by the Council) if the goods or services are, or are to be, available to members of the public on the same terms and conditions.



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