South Australian Numbered Acts

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GENETICALLY MODIFIED CROPS MANAGEMENT ACT 2004 (NO 8 OF 2004) - SECT 12

12—Conflict of interest

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

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

            (b)         must not take part in any discussion by the Advisory Committee 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 of the Advisory Committee 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 of the Advisory Committee 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.

        (4)         This section does not apply in relation to an interest in a matter shared in common with the public or persons engaged in or associated with the industry in which the relevant member works generally, or a substantial section of the public or such persons.

        (5)         In this section—

"associate" has the same meaning as in the Public Corporations Act 1993 .



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