Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - SECT 55

55 .         Duties of persons performing functions under this Act

        (1)         In this section —

        “ function ” means a function in connection with the carrying out of this Act;

        “ meeting ” means a meeting held in connection with the carrying out of this Act;

        “ member ” means a member of —

            (a)         the Commission;

            (b)         a committee of the Commission;

            (c)         a District Planning Committee;

            (d)         a public authority; or

            (e)         a local government;

        “ this Act ” includes the Town Planning and Development Act 1928 and the Metropolitan Scheme Act.

        (2)         A member shall at all times act honestly in performing any function.

        (3)         Where a matter is before a meeting for consideration and a member present at the meeting has a direct or indirect pecuniary interest in the matter, he or she shall as soon as possible after the relevant facts have come to his or her knowledge, disclose that he or she has an interest to the other members so present, and —

            (a)         the disclosure shall be recorded in the minutes of the meeting; and

            (b)         the member shall not thereafter be present during any consideration or discussion of, and shall not vote on any determination of, the matter.

        (4)         A member shall not disclose any information acquired by virtue of the performance of any function unless the disclosure is made —

            (a)         in connection with the execution of this Act or under any legal duty; or

            (b)         for the purposes of any proceedings arising out of this Act or any report of such proceedings.

        (5)         A member shall not make use of any information acquired by virtue of the performance of any function to gain directly or indirectly an improper advantage to himself or herself or to cause detriment to the Commission.

        (6)         A member who commits a breach of any provision of this section —

            (a)         is liable to the Commission for any profit made by him or her or for any damage suffered by the Commission as a result of the breach of that provision; and

            (b)         commits an offence against this Act and is liable to a fine of $5 000.

        (7)         This section is in addition to and not in derogation of any other law relating to the duty or liability of the holder of a public office.

        [Section 55 amended by No. 84 of 1994 s. 38 and 42; No. 14 of 1996 s. 4.]

[ 56.                 Repealed by No. 14 of 1996 s. 4.]