Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 5.69

5.69 .         Minister may allow members disclosing interests to participate etc. in meetings

        (1)         If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

        (2)         An application made under subsection (1) is to include —

            (a)         details of the nature of the interest disclosed and the extent of the interest; and

            (b)         any other information required by the Minister for the purposes of the application.

        (3)         On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if —

            (a)         there would not otherwise be a sufficient number of members to deal with the matter; or

            (b)         the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

        (4)         A person must not contravene a condition imposed by the Minister under this section.

        Penalty: $10 000 or imprisonment for 2 years.

        (5)         A decision under this section must be recorded in the minutes of the meeting relating to the matter.

        [Section 5.69 amended: No. 49 of 2004 s. 53; No. 16 of 2019 s. 31.]



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