(1) In this section
—
function means a function in connection with the
carrying out of this Act or the Swan Valley Planning Act 2020 ;
meeting means a meeting held in connection with
the carrying out of this Act or the Swan Valley Planning Act 2020 ;
member means any of the following —
(a) a
member;
(b) an
associate member;
(c) a
member of a committee established under Schedule 2 or the
Swan Valley Planning Act 2020 section 33;
(d) a
member of a public authority;
(e) a
member of a local government;
(f) a
member of a DAP.
(2) A member must at
all times act honestly in the performance of a function.
Penalty: $5 000.
(3) Where a matter is
before a meeting for consideration and a member participating in the meeting
has a direct or indirect pecuniary interest in the matter, the member —
(a) as
soon as possible after the relevant facts have come to the member’s
knowledge is to disclose that the member has such an interest to the other
members participating in the meeting; and
(b)
after disclosure of the interest is not to —
(i)
be present during any consideration or discussion of the
matter; or
(ii)
vote on the matter.
Penalty: $5 000.
(4) A disclosure under
subsection (3) is to be recorded in the minutes of the meeting.
(5) A member is not to
disclose any information acquired by virtue of the performance of any function
unless the disclosure is made —
(a) in
connection with the carrying out of this Act or the Swan Valley Planning Act
2020 or under a legal duty; or
(b) for
the purposes of any proceedings arising out of this Act or the
Swan Valley Planning Act 2020 or any report of such proceedings.
Penalty: $5 000.
(6) A member is not to
make improper use of information acquired by virtue of the performance of any
function to gain, directly or indirectly, an advantage for himself or herself
or to cause detriment to the Commission or any other person.
Penalty: $5 000.
(7) A member who
commits a breach of any provision of this section is liable for any profit
made by the member or for any damage suffered by the Commission as a result of
the breach of that provision.
(8) This section is in
addition to and not in derogation of any other law relating to the duty or
liability of the holder of a public office.
[Section 266 amended: No. 28 of 2010 s. 44; No. 45
of 2020 s. 92.]