South Australian Current Acts

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LOCAL GOVERNMENT FINANCE AUTHORITY ACT 1983 - SECT 12

12—Disclosure of interest

        (1)         A member of the Board who is directly or indirectly interested in a contract, or proposed contract, of the Authority—

            (a)         must, as soon as he or she becomes aware of the contract or proposed contract, disclose the nature of the interest to the Board; and

            (b)         must not take part in any deliberations or decision of the Board with respect to that contract.

Maximum Penalty: $10 000 or imprisonment for 2 years.

        (2)         Despite subsection (1), if a member of the Board is a member, officer, ratepayer or elector of a council with which the Authority has contracted or proposes to contract, the member is not, by reason of that fact, prevented from taking part in any deliberations or decisions of the Board that have common application to that contract or proposed contract and contracts or proposed contracts with other councils.

        (3)         A disclosure made under this section must be recorded in the minutes of the Board.

        (4)         If a member makes a disclosure of interest in respect of a contract or proposed contract in accordance with this section—

            (a)         the contract is not void, or liable to be avoided, on any ground arising from the member's interest in the contract; and

            (b)         the member is not liable to account to the Authority for any profits derived from the contract.



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