South Australian Current Acts South Australian Current Acts75—Material conflicts of interest
(1) Subject to
section 75A, for the purposes of this Subdivision, a
member of a council has a "material conflict of interest" in a matter to be
discussed at a meeting of the council if any of the following persons would
gain a benefit, or suffer a loss, (whether directly or indirectly and whether
of a personal or pecuniary nature) depending on the outcome of the
consideration of the matter at the meeting:
(a) the
member;
(c) a
body corporate of which the member is a director or a member of the governing
body;
(d) a
proprietary company in which the member is a shareholder;
(e) a
family company of the member (within the meaning of Schedule 3);
(f) a
family trust of the member (within the meaning of Schedule 3);
(g) a
beneficiary under a trust or an object of a discretionary trust of which the
member is a trustee;
(h) a
partner of the member;
(i)
the employer or an employee of the member;
(j) a
person with whom the member has entered into, is seeking to enter into, or is
otherwise involved in a negotiation or tendering process in connection with
entering into, an agreement for the provision of professional or other
services for which the member would be entitled to receive a fee, commission
or other reward;
(k) a
person or body from whom the member has received a designated gift;
(l) a
person of a prescribed class.
(2) In this
section—
"designated gift" means—
(a) a
gift of a kind required to be disclosed in a large gifts return under
Part 14 of the Local Government (Elections) Act 1999 relating to
the last election at which the member was elected; or
(b) a
gift or benefit of an amount greater than the prescribed amount under
section 81A(1)(b) of the Local Government (Elections) Act 1999
received by the member after the last election at which the member was elected
(whether or not the gift or benefit is required to be disclosed in a return
under Part 14 of the Local Government (Elections) Act 1999 ).