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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 60Q
Disclosure of interests
60Q Disclosure of interests
(1) This section applies to a board member (the
"interested person" ) if— (a) the interested person has a direct or indirect
interest in an issue being considered, or about to be considered, by the
board; and
(b) the interest could conflict with the proper performance of the
person’s duties about the consideration of the issue.
(2) As soon as
practicable after the relevant facts come to the interested person’s
knowledge, the person must disclose the nature of the interest to a board
meeting.
(3) Unless the board otherwise directs, the interested person must
not— (a) be present when the board considers the issue; or
(b) take part in
a decision of the board about the issue.
(4) The interested person must not
be present when the board is considering whether to give a direction under
subsection (3) .
(5) If there is another person who must, under subsection
(2) , also disclose an interest in the issue, the other person must not— (a)
be present when the board is considering whether to give a direction under
subsection (3) about the interested person; or
(b) take part in making the
decision about giving the direction.
(6) If— (a) because of this section, a
board member is not present at a board meeting for considering or deciding an
issue, or for considering or deciding whether to give a direction under
subsection (3) ; and
(b) there would be a quorum if the member were present;
the remaining persons present are a quorum for considering or deciding the
issue, or for considering or deciding whether to give the direction, at the
meeting.
(7) A disclosure under subsection (2) must be recorded in the
board’s minutes.
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