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GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974 - SECT 34
Disclosure of interest
34 Disclosure of interest
(1) If a member of a board of a development corporation, or a member of a
committee or a sub-committee of such a board, has an interest, directly or
indirectly, in land, proposals in respect of the development or use of which
are to be considered by the board, committee or sub-committee, as the case may
be, or has a pecuniary interest, direct or indirect, in a contract or proposed
contract with the corporation or in any other matter in which the corporation
is concerned and is present at a meeting of the board, committee or
sub-committee, as the case may be, at which the proposals are or the contract,
proposed contract or other matter is the subject of consideration, the member
shall, at the meeting, as soon as practicable after the commencement thereof,
disclose his or her interest and shall not take part in the consideration or
discussion of or vote on any question with respect to the proposals or the
contract, proposed contract or other matter.
(2) For the purposes of this
section, a person shall be treated as having an indirect interest in land or a
contract, proposed contract or other matter if-- (a) the person or any nominee
of the person is a member of a company or other body which has an interest in
the land, or with which the contract is made or is proposed to be made or
which has a direct or indirect pecuniary interest in the other matter under
consideration, or
(b) the person is a partner, or is in the employment of, a
person who has an interest in the land, or with whom the contract is made or
is proposed to be made or who has a direct or indirect pecuniary interest in
the other matter under consideration.
(3) Notwithstanding subsection (2)--
(a) that subsection does not apply to membership of or employment under any
council or statutory body,
(b) a member of a company or other body shall not,
by reason only of the person's membership, be treated as being so interested
if the person has no beneficial interest in any shares of that company or
other body, and
(c) a member of a company having not less than twenty-five
members shall not be treated as having an interest in land or in any contract
or proposed contract with the corporation or in any other matter in which the
corporation is concerned by reason only that the company has an interest in
the land or the contract or proposed contract is with or the other matter
concerns the company.
(4) In the case of a married couple who are living
together, or de facto partners who are living together, the interest of one
spouse or de facto partner shall, if known to the other, be deemed, for the
purposes of this section, to be also an interest of the other spouse or
de facto partner.
Note : "De facto partner" is defined in section 21C of the Interpretation Act
1987 .
(5) A general notice in writing to the secretary or the prescribed
officer of the development corporation by a member of a board of a
development corporation, or a member of a committee or a sub-committee of such
a board, to the effect that the member or the member's spouse or
de facto partner is a member, or is in the employment of a specified company
or other body, or that the member or the member's spouse or de facto partner
is a partner or in the employment of a specified person shall, unless and
until the notice is withdrawn, be deemed to be a sufficient disclosure of the
member's interest in any land in which that company or other body has an
interest or in any contract, proposed contract or other matter relating to
that company or other body or to that person which may be the subject of
consideration after the date of the notice.
(6) The Secretary or officer
referred to in subsection (5) shall record in a book to be kept for the
purpose particulars of any disclosure made under subsection (1) and of any
notice given under subsection (5) and the book shall be open at all reasonable
hours to the inspection of any person on payment of such fees as may be
determined by the development corporation from time to time.
(7) Subject to
subsection (8), if any person fails to comply with the provisions of
subsection (1), the person is guilty of an offence against this Act and liable
to a penalty not exceeding 4 penalty units, unless the person proves that the
person did not know that proposals in respect of the development and use of
the land in which the person had an interest were, or that the person did not
know that a contract, proposed contract or other matter in which the person
had a pecuniary interest was, the subject of consideration at the meeting.
(8) The Minister may, subject to such conditions as the Minister thinks fit to
impose, remove any disability imposed by subsection (1) in any case in which
the number of members referred to in subsection (1) so disabled at any one
time would be so great a proportion of the whole of the members of the board
of a development corporation, or a committee or a sub-committee of such a
board, as to impede the transaction of business, or in any other case in which
it appears to the Minister that it is in the public interest that the
disability should be removed.
(9) The board of a development corporation, or
a committee or a sub-committee of such a board, may, by resolution, provide
for the exclusion of any member thereof from a meeting of the board, committee
or sub-committee, as the case may be, while any proposal, in respect of any
land or any contract, proposed contract or other matter in which that person
has an interest as referred to in this section is under consideration.
(10)
In this section,
"shares" includes stock.
(11) The provisions of this section apply to a
member of a council in relation to an interest in land that is within a
growth centre and held by the member, directly or indirectly, proposals in
respect of the development and use of which are to be considered by the
council at a meeting of the council in the same way as they apply to a member
of a board of a development corporation having an interest, directly or
indirectly, in land proposals in respect of the development and use of which
are to be considered by the board of the development corporation at a meeting.
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