Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 267

267 Disclosure of interests

(1) This section applies to a commissioner (the
"interested person" ) if—

(a) the interested person has a material personal interest in an issue being considered, or about to be considered, by the commission; and

(b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.

(2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a commission meeting.

(3) Unless the commission otherwise directs, the interested person must not—

(a) be present when the commission considers the issue; or

(b) take part in a decision of the commission about the issue.

(4) The interested person must not be present when the commission is considering whether to give a direction under subsection (3) .

(5) If there is another person who must, under subsection (2) , also disclose a material personal interest in the issue, the other person must not—

(a) be present when the commission is considering whether to give a direction under subsection (3) about the interested person; or

(b) take part in making the decision about giving the direction.

(6) If—

(a) because of this section, a commissioner is not present at a commission meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and

(b) there would be a quorum if the member were present;

the remaining persons present are a quorum of the commission for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(7) A disclosure under subsection (2) must be recorded in the commission’s minutes.

(8) A failure to disclose a material personal interest does not, of itself, invalidate a commission decision.

(9) In this section—

"material personal interest" means—

(a) a direct or indirect interest relating to the personal affairs of the commissioner that may have, or be seen to have, a significant influence on the conduct of the commissioner at the meeting; or

(b) a personal or political association that might influence the commissioner in the discharge of the commissioner’s duties.