Victorian Consolidated Legislation

Film Act 2001 - SECT 40

Conflicts of interest-member

40. Conflicts of interest-member



(1) If-

   (a)  a member has a direct or indirect pecuniary interest in a matter being
        considered or about to be considered by a body; and

   (b)  the interest could conflict with the proper performance of the duties
        of the member in relation to the consideration of the matter-

the member, as soon as practicable after becoming aware of the relevant facts,
must declare the nature of the interest to the President of the body. Penalty:
10 penalty units.

(2) The President must cause the declaration to be tabled at the next meeting
of the body 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 the
        President directs otherwise; and

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

(4) If a member votes on a matter in contravention of subsection (3)(b), the
vote must be disallowed.

(5) 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).

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