Victorian Consolidated Legislation

Catchment and Land Protection Act 1994 - SECT 18G

Effect of pecuniary interests

18G. Effect of pecuniary interests



(1) A member of the board of an Authority who has a pecuniary interest in any
matter in which the Authority is concerned must-

   (a)  if the member is present at a meeting of the board or any of its
        committees at which the matter is to be considered, disclose the
        nature of the interest immediately before the consideration; or

   (b)  if the member is aware that the matter is to be considered at a
        meeting of the board or any of its committees at which the member does
        not intend to be present, disclose the nature of the interest to the
        chairperson, or if the chairperson has the interest, the deputy
        chairperson, before the meeting is held.

(2) If a member of the board of an Authority has disclosed an interest to the
chairperson or the deputy chairperson, as the case may be, under subsection
(1)(b), the chairperson or the deputy chairperson must disclose that interest
at the meeting at which the matter is considered, before the consideration of
the matter.

(3) The member-

   (a)  may stay in the meeting during any consideration of the matter; and

   (b)  may take part in the discussion; and

   (c)  must not move or second a motion on a question relating to the matter;
        and

   (d)  must leave the meeting while any vote is taken on a question relating
        to the matter; and





   (e)  may, when notified that the vote has been declared by the chairperson,
        or the deputy chairperson if it is the chairperson who has the
        interest, return to the meeting.

(4) If a member discloses an interest under subsection (1), a statement
showing-

   (a)  that the disclosure was made; and

   (b)  the nature of the matter and the nature of the disclosed interest; and

   (c)  whether any vote was taken on a question relating to the matter and,
        if so, whether the member was present while the vote was taken; and

   (d)  whether the member left the meeting at any time during consideration
        of the matter and, if so, at what stage the member left-

must-

   (e)  in the case of a disclosure made at or before a meeting of the board,
        be included in the minutes of the meeting; and

   (f)  in the case of a disclosure made at or before a meeting of a
        committee, be recorded by the committee and presented to, and included
        in the minutes of the next ordinary meeting of the board.

(5) A person must comply with subsection (1) or (3).

Penalty: 20 penalty units.

(6) It is a defence to a charge under subsection (5) for the person charged to
prove that the person did not know-

   (a)  that he or she had a pecuniary interest in the matter; or

   (b)  that a matter in which he or she had a pecuniary interest was
        considered or to be considered at the meeting.

(7) The Magistrates' Court has jurisdiction over a charge under this section
even though title to land may be genuinely in question.

(8) A charge may not be filed for an offence under this section more than 3
years after the commission of the alleged offence.

(9) The Minister may, by notice in writing to an Authority, remove any
disability imposed by this section in any case if so many of the members of
the board of the Authority are affected that the Minister decides that the
transaction of the business of the Authority would be impeded.

(10) For the purposes of subsection (9), the Minister may remove, either
indefinitely or for a specified time, any disability that would otherwise
attach to a member, or class of members, because of any interests, and in
respect of any matters, that the Minister specifies in the notice.