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PROSTITUTION ACT 1999 - SECT 108
Member’s interest in a matter to be considered by Authority
108 Member’s interest in a matter to be considered by Authority
(1) This section applies if a member of the Authority has a direct or indirect
interest in a matter being considered, or about to be considered, by the
Authority.
(2) The member must disclose the nature of the interest to a
meeting of the Authority as soon as practicable after the relevant facts come
to the member’s knowledge. Penalty— Maximum penalty—100 penalty
units.
(3) The disclosure must be recorded in the minutes of the meeting of
the Authority.
(4) If the interest is a material personal interest, the
member must not— (a) vote on the matter; or
(b) vote on a proposed
resolution (a
"related resolution" ) under subsection (5) (a) about the matter (whether in
relation to the member or another member); or
(c) be present while the
matter, or a related resolution, is being considered by the Authority; or
(d)
otherwise take part in any decision of the Authority in relation to the matter
or a related resolution.
Penalty— Maximum penalty—100 penalty units.
(5) Subject to subsection (4) (b) , subsection (4) does not apply to the
matter if— (a) the Authority has at any time passed a resolution that
states— (i) the member, interest and matter; and
(ii) that the members
voting for the resolution are satisfied that the interest should not
disqualify the member from considering or voting on the matter; or
(b) if a
quorum of the Authority can not be formed because of subsection (4) —the
Minister has given a written direction to that effect for the matter.
(6) In
this section—
"material personal interest" means a direct or indirect interest relating to
the personal affairs of the member that may have, or be seen to have, a
significant influence on the conduct of the member at the meeting.
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