Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 107

107.(1) The DAA must give written notice to the Minister of all direct or
indirect pecuniary interests that the DAA has or acquires in any business, or
in any body corporate carrying on a business. (DAA to notify potential
conflict of interest to Minister)

(2) If the DAA has a direct or indirect pecuniary interest in a matter being
considered or about to be considered by the DAA, the DAA must:

   (a)  give written notice to the Minister of that interest; and

   (b)  take no further action on the matter before:

        (i)    the end of 28 days after the date on which the Minister
               receives the notice; or

        (ii)   the date on which written advice of a decision of the Minister
               under subsection (4) is given in relation to the matter;
               whichever first occurs. (Minister may direct DAA to delegate)

(3) If:

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

   (b)  the Minister considers that the interest could conflict with the
        proper performance of the DAA's functions in relation to that matter;
        then:

   (c)  the Minister must give the DAA a written notice directing the DAA:

        (i)    not to deal with the matter personally; and

        (ii)   to delegate the DAA's functions and powers in relation to that
               matter to a person holding or performing the duties of a
               specified Senior Executive Service office in the Department;
               and

        (iii)  not to delegate the DAA's functions and powers in relation to
               that matter to any other person; and

   (d)  the DAA must comply with the direction. (Minister may allow DAA to
        deal with matter personally)

(4) If:

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

   (b)  the Minister does not consider that the interest could conflict with
        the proper performance of the DAA's functions in relation to that
        matter; the Minister may give the DAA a written notice stating that
        the Minister has no objection to the DAA dealing with the matter
        personally. (Minister's direction to be given within 28 days of
        notification of DAA's interest)

(5) If:

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

   (b)  the Minister considers that the interest could conflict with the
        proper performance of the DAA's functions in relation to that matter;
        and

   (c)  the DAA gives written notice to the Minister of that interest under
        subsection (2); a direction under subsection (3) in relation to that
        matter has no effect unless it is given before the end of 28 days
        after the date on which the Minister receives the notice.