Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 21

Conflicts of interest

21. Conflicts of interest



(1) Whenever the Board 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 Board or the President must cause the declaration to be tabled at that
meeting or at the next meeting of the Board 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 Board 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.



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General powers and duties of Board