South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 15

15—Conflict of interest

        (1)         A member of the Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Board

            (a)         must, as soon as reasonably practicable, disclose in writing to the Board full and accurate details of the interest; and

            (b)         must not take part in any discussion by the Board relating to that matter; and

            (c)         must not vote in relation to that matter; and

            (d)         must be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $20 000.

        (2)         Without limiting the effect of this section, a member will be taken to have an interest in a matter for the purposes of this section if an associate of the member has an interest in the matter.

        (3)         This section does not apply in relation to a matter in which a member has an interest by virtue of being a member of an emergency services organisation.

        (4)         This section does not apply in relation to a matter in which a member has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.

        (5)         The Minister may, by notice published in the Gazette, exempt a member (conditionally or unconditionally) from the application of a provision of this section, and may, by further notice published in the Gazette, vary or revoke such an exemption.

        (6)         Non-compliance by a member with a duty imposed by this section constitutes a ground for removal of the member from office.

        (7)         If a member or former member is convicted of an offence for a contravention of this section, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the Minister—

            (a)         if the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and

            (b)         if the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.

        (8)         If a member or former member is guilty of a contravention of this section, the Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—

            (a)         if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and

            (b)         if any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.



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