Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 177N

177N Obligation of councillor with declarable 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 declarable conflict of interest in the matter.

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

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

(a) as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and

(b) must give notice of the declarable 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 declarable conflict of interest are the following—

(a) the nature of the declarable conflict of interest;

(b) if the declarable conflict of interest arises because of the councillor’s relationship with a related party—

(i) the name of the related party; and

(ii) the nature of the relationship of the related party to the councillor; and

(iii) the nature of the related party’s interests in the matter;

(c) if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person—

(i) the name of the other person; and

(ii) the nature of the relationship of the other person to the councillor or related party; and

(iii) the nature of the other person’s interests in the matter; and

(iv) the value of the gift or loan, and the date the gift was given or loan was made.