Queensland Numbered Acts

PLUMBING AND DRAINAGE ACT 2018 - SECT 132

132 Disclosing interests

(1) This section applies if—

(a) a member or panel member (the
"interested person" ) has an interest in an issue being considered, or about to be considered, by the council or a panel; and

(b) the interest conflicts, or may conflict, with the proper performance of the interested person’s duties about the consideration of the issue.

(2) After the interested person becomes aware of the conflict or potential conflict, the interested person must disclose the nature of the interest to a meeting of the council or panel.

(3) The interested person must not be present when the council or panel considers the issue, unless the council or panel otherwise directs.

(4) The interested person must not take part in a decision of the council or panel about the issue, unless the council or panel otherwise directs.

(5) The interested person must not be present when the council or panel is considering whether to give a direction under subsection (3) or (4) .

(6) 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 council or panel is considering whether to give a direction under subsection (3) or (4) ; or

(b) take part in making the decision about giving the direction.

(7) Subsection (8) applies if—

(a) because of this section, the interested person is not present at a council or panel meeting for considering or deciding an issue or deciding whether to give a direction under subsection (3) or (4) ; and

(b) there would be a quorum if the interested person were present.

(8) The remaining members or panel members present are a quorum of the council or panel for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(9) A person who represents an entity under section 109 (3) (b) is not an interested person at a meeting of the council or panel only because the meeting is about another person who is a member of, or associated with, the entity.

(10) A disclosure under subsection (2) must be recorded in the council’s minutes or panel’s record of decisions.