Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 11A

Conflicts of interest

11A. Conflicts of interest



(1) Whenever the Authority is to make a decision on a matter at a meeting,
each member present at the meeting must, before the matter is considered,
declare any direct or indirect pecuniary interest that he or she has in the
matter.

Penalty: 5 penalty units.

(2) The Authority or the chairman must cause the declaration to be tabled at
that meeting or at the next meeting of the Authority and the person presiding
at that meeting must cause the declaration to be recorded in the minutes of
the meeting.

(3) A member who has a conflict of interest in a matter-

   (a)  must not be present during any deliberations on the matter, unless a
        full declaration of the interest has been made and the Authority
        directs otherwise; and

   (b)  is not entitled to vote on the matter.

(4) A member who has a conflict of interest in a matter must not be present
during any deliberations leading to a direction, or take part in making a
direction under subsection (3)(a).

(5) If a member votes on a matter in contravention of subsection (3)(b), his
or her vote must be disallowed.

(6) For the purposes of the section, a member is not to be regarded as having
a conflict of interest-

   (a)  in a matter relating to the supply of goods or services to the member
        if the goods or services are, or are to be, available to members of
        the public on the same terms and conditions; or

   (b)  in a contract or arrangement only because that contract or arrangement
        may benefit a company or other body in which the member has a
        beneficial interest that does not exceed $2000 or 1% of the total
        nominal value of beneficial interests in the company or body,
        whichever is the lesser.