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CRIME AND CORRUPTION ACT 2001 - SECT 289
Disclosure of interests
289 Disclosure of interests
(1) This section applies to a member of the reference committee (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 committee; 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 committee meeting.
(3) Unless the reference committee otherwise
directs, the interested person must not— (a) be present when the committee
considers the issue; or
(b) take part in a decision of the committee about
the issue.
(4) The interested person must not be present when the reference
committee 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 committee 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
committee member is not present at a reference committee 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
committee 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 committee’s minutes.
(8) A
failure to disclose a material personal interest does not, of itself,
invalidate a committee decision.
(9) In this section—
"material personal interest" means a direct or indirect interest relating to
the personal affairs of the member that may have, or be seen to have, a
significant influence on the conduct of the member at the meeting.
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