AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 48

48. Declaration of interest by councillor

      (1) A councillor must not participate at any meeting of a council, council committee, special committee, controlling authority, single authority or joint authority in any discussion, nor vote on any matter, in respect of which the councillor–

(a) has an interest; or

(b) is aware or ought to be aware that a close associate has an interest.

Penalty:

Fine not exceeding 20 penalty units.

      (2) A councillor must declare any interest in a matter before any discussion on that matter commences.

Penalty:

Fine not exceeding 50 penalty units.

      (3) On declaring an interest, the councillor is to leave the room in which the meeting is being held.

Penalty:

Fine not exceeding 20 penalty units.

      (4) The councillor, by notice in writing, is to advise the general manager of the details of any interest declared under this section within 7 days of so declaring.

Penalty:

Fine not exceeding 20 penalty units.

      (5) The general manager is to –

(a) ensure that the declaration of interest is recorded in the minutes of the meeting at which it is made; and

(b) record the details of any interest declared in the register of interests kept under section 54.

      (6) In addition to any penalty imposed under this section, a court may make an order –

(a) barring the councillor from nominating as a candidate at any election for a period not exceeding 7 years; and

(b) dismissing the councillor from office.



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