Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who is a
member, or is appointed to a committee of the Council —
(a) who
has in any way, whether directly or indirectly, a pecuniary interest in any
matter before the meeting for consideration or in any other matter that arises
or is likely to arise out of a matter before the meeting for consideration,
shall, as soon as possible after the relevant facts have come to the knowledge
of that person, make a full disclosure of the nature and extent of that
interest at the meeting; and
(b) on
being requested to do so by the person presiding at the meeting, shall make a
full disclosure as to whether or not the person has, and the nature and extent
of, any pecuniary interest in a matter before the meeting or any other matter
arising or likely to arise out of that matter as to which the person presiding
may inquire.
(2) Every disclosure
made pursuant to subsection (1), and particulars of any request made
under subsection (1)(b), shall be recorded in the record of the
proceedings of the meeting at which it is made.
(3)
Where —
(a)
disclosure is made of a pecuniary interest or likely pecuniary interest; or
(b) the
person presiding at the meeting is of the opinion that a disclosure requested
has not been adequately made,
the person presiding
at that meeting may put to the meeting the question as to whether or not the
member or person appointed to the committee making the disclosure or requested
to make the disclosure should be present during the consideration of the
matter in relation to which the pecuniary interest exists or may arise.
(4) Where the question
is put to the meeting in accordance with subsection (3), the meeting may
determine that the member or person appointed to the committee to whom the
question relates —
(a)
should not be present during the consideration of the matter in relation to
which the pecuniary interest exists or may arise; or
(b)
should be permitted so to be present and —
(i)
shall be permitted to take part in the consideration and
to vote; or
(ii)
shall be permitted to take part in the consideration, but
shall not be eligible to vote,
in relation to the
matter, as the case may require, and effect shall be given to the
determination.
(5) Where a meeting
proposes to deliberate the question of a determination to which
subsection (4) refers the member or person appointed to the committee to
whom the question relates shall not —
(a)
unless the meeting otherwise agrees, be present during the deliberation; or
(b) be
eligible to take part in the making of the determination.
(6) The requirements
of subsection (1) do not apply in any case where the interest of the
member or person appointed to the committee consists only of
being —
(a) a
member or creditor of a corporation that is interested in a contract or
proposed contract with the Council; or
(b) a
member of a body by which that member or person was nominated for the purposes
of this Act,
if the interest of
that person may properly be regarded as not being both a material personal and
also a pecuniary interest of that member or person.
(7) For the purposes
of subsection (1), a general notice given to the Council or that
committee by a person to the effect that the person is an officer of or
associated with a specified corporation, firm or body and is to be regarded as
having a pecuniary interest in any contract that may, after the date of the
notice, be made with that corporation, firm or body shall be deemed to be a
sufficient disclosure of that interest if —
(a) the
notice states the nature and extent of the interest of the person in the
corporation or firm or body;
(b) the
extent of the interest of that person in the corporation, firm or body is not
greater than is stated in the notice; and
(c) the
notice is given at a meeting of the Council or that committee, or the person
takes reasonable steps to ensure that it is brought up and read at the next
such meeting after it is given.
(8) For the purposes
of determining the existence of a majority or quorum in accordance with
section 54 of the Interpretation Act 1984 a member or person
appointed to a committee who is precluded under this section from taking part
in any deliberation or decision at a meeting with respect to a matter shall be
deemed to be absent from the meeting while that matter is being deliberated or
decided.