South Australian Current Acts South Australian Current Acts75A—Exemptions and other matters
(1) A member of a
council will not be regarded as having a conflict of interest in a matter to
be discussed at a meeting of the council—
(a) if
the interest is held in common with a substantial proportion of the
ratepayers, electors or residents of the council area and does not materially
exceed the interest held by the other ratepayers, electors or residents; or
(b) if
the interest in the matter is that of an employer or employee of the member,
and the member does not know, and could not reasonably be expected to know, of
that interest; or
(c) if
the interest in the matter is that of a relative of the member, other than the
member's spouse or domestic partner, and the member does not know, and could
not reasonably be expected to know, of that interest; or
(i)
the interest arises in relation to a prescribed matter or
in prescribed circumstances; and
(ii)
the member complies with the requirements of the
regulations (if any) relating to dealing with the matter.
(2) Without limiting
subsection (1), a member of a council will not be regarded as having a
general conflict of interest in a matter to be discussed at a meeting of the
council by reason only of—
(a) an
engagement with a community group, sporting club or similar organisation
undertaken by the member in their capacity as a member; or
(b)
membership of a political party; or
(c)
membership of a community group, sporting club or similar organisation (if the
member is not an office holder for the group, club or organisation); or
(d) the
member having been a student of a particular school or their involvement with
a school as parent of a student at the school; or
(e) a
nomination or appointment as a member of a board of a corporation or other
association, if the member was nominated for appointment by a council.
(3) A member of a
council who is a member, officer or employee of an agency or instrumentality
of the Crown, will be regarded as having a conflict of interest in a matter
before the council if the matter directly concerns that agency or
instrumentality but otherwise will not be regarded as having an interest in a
matter by virtue of being a member, officer or employee of the agency or
instrumentality.
(4) Regulations under
subsection (1)(d)—
(a) may
be limited to material conflicts of interest or general conflicts of interest,
or may relate to conflicts of interest generally; and
(b) may
make different provision according to the matter or circumstances to which
they are expressed to apply.