Northern Territory Numbered Acts

AGENTS AND LAND LEGISLATION AMENDMENT ACT 2019 (NO 6 OF 2019) - SECT 9

After section 95A

insert

95AB     Conflict of interest of member

    (1)     A member who has a direct or indirect interest in a matter being considered or about to be considered by the Fund must disclose the nature of the member's interest at a meeting of the Fund, or in writing to the other members, as soon as possible after the relevant facts come to the member's knowledge.

    (2)     A member must not take part in any deliberation or decision of the Fund relating to a matter in which the member has a direct or indirect interest.

    (3)     The Fund must record disclosures made under subsection (1) in the minutes of the Fund.

    (4)     A member who has a direct or indirect interest in a matter being considered or about to be considered by the Fund must not form part of a quorum in relation to the matter.

    (5)     A person commits an offence if:

    (a)     the person is a member; and

    (b)     the person intentionally participates in a deliberation or decision of the Fund in relation to a matter; and

    (c)     the person has a direct or indirect interest in the matter being considered or about to be considered by the Fund and the person has knowledge of that circumstance.

Maximum penalty:     100 penalty units.

    (6)     Strict liability applies to subsection (5)(a).

    (7)     Part IIAA of the Criminal Code applies to an offence against this section.

Note for section 95AB

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.