Queensland Numbered Acts

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LOCAL GOVERNMENT ACT 2009 No. 17 - SECT 172

172 Councillor's material personal interest at a meeting

(1) This section applies if--

(a) a matter is to be discussed at a meeting of a local government, or any of its committees; and
(b) the matter is not an ordinary business matter; and
(c) a councillor has a material personal interest in the matter.
Note--
See the dictionary for the definition of an ordinary business matter.

(2) A councillor has a material personal interest in the matter if any of the following persons stands to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of the consideration of the matter at the meeting--

(a) the councillor;
(b) a spouse of the councillor;
(c) a member of the councillor's family;
(d) a partner of the councillor;
(e) an employer (other than a government entity) of the councillor;
(f) an entity (other than a government entity) of which the councillor or the person's nominee is a member;
(g) another person prescribed under a regulation.

(3) The councillor must--

(a) inform the meeting of the councillor's material personal interest in the matter; and
(b) leave the meeting room (including any area set aside for the public), and stay out of the meeting room while the matter is being discussed and voted on.

Maximum penalty--

(a) if the councillor votes on the matter with an intention to gain a benefit, or avoid a loss, for the councillor or someone else--200 penalty units or 2 years imprisonment; or
(b) otherwise--85 penalty units.

(4) The following information must be recorded in the minutes of the meeting, and on the local government's website--

(a) the name of the councillor who has the material personal interest, or possible material personal interest, in a matter;
(b) the nature of the material personal interest, or possible material personal interest, as described by the councillor.


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