New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 439AA

439AA Interpretation

(1) Definitions In this Chapter--

"code of conduct" means a code of conduct adopted under section 440.

"model code" means the model code of conduct prescribed by the regulations under this Part.

"pecuniary interest" means an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person.

"pecuniary interests duty" means an obligation imposed on a person by the provisions of a code of conduct that relate to the disclosure of pecuniary interests.

(2) Other persons' pecuniary interests included as pecuniary interests For the purposes of this Chapter, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of--

(a) the person, or

(b) the person's spouse or de facto partner or a relative of the person, or a partner or employer of the person, or

(c) a company or other body of which the person, or a nominee, partner or employer of the person, is a shareholder or member.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(3) However, a person is not taken to have a pecuniary interest in a matter as referred to in subsection (2)(b) or (c)--

(a) if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

(4) Other exclusions A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in a code of conduct as not being required to be disclosed.