Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 177I

177I Obligation of councillor with prescribed conflict of interest

(1) This section applies to a councillor if—

(a) the councillor may participate, or is participating, in a decision about a matter; and

(b) the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.

(2) If the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a council meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4) .

(3) If subsection (2) does not apply, the councillor must—

(a) as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and

(b) give notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at—

(i) the next meeting of the council; or

(ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.

Note—

Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .

(4) For subsections (2) and (3) , the particulars for the prescribed conflict of interest are the following—

(a) for a gift, loan or contract—the value of the gift, loan or contract;

(b) for an application for which a submission has been made—the matters the subject of the application and submission;

(c) the name of any entity, other than the councillor, that has an interest in the matter;

(d) the nature of the councillor’s relationship with the entity mentioned in paragraph (c) ;

(e) details of the councillor’s, and any other entity’s, interest in the matter.