South Australian Consolidated Regulations

CITRUS INDUSTRY REGULATIONS 2005 - REG 9

9—Conflict of interest over appointments

        (1)         A member of the selection committee who is closely associated with a person who is under consideration by the committee for nomination to the Board must disclose the existence of that association to the committee.

Maximum penalty: $5 000.

        (2)         A disclosure under subregulation (1) must be recorded in the minutes of the committee.

        (3)         A member of the selection committee who is closely associated with a person under consideration by the committee for nomination to the Board—

            (a)         must not, except on the request of the committee, take part in a discussion by the committee relating to that person; and

            (b)         must not vote in relation to the nomination of that person to the Board; and

            (c)         must, unless the committee permits otherwise, be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $5 000.

        (4)         It is a defence to a charge of an offence against this section for the defendant to prove that, at the time of the alleged offence, the defendant was unaware of his or her association with the person concerned.

        (5)         The fact that a member has failed to comply with this section in relation to a person does not invalidate a resolution or decision made in relation to that person.

        (6)         A member of the committee is closely associated with another person if that other person is—

            (a)         a director or member of the governing body of a body corporate of which the member is a director or member of the governing body; or

            (b)         a beneficiary under a trust or an object of a discretionary trust of which the member is a trustee; or

            (c)         a party to a partnership or share-farming agreement to which the member is also a party; or

            (d)         an employer or employee of the member; or

            (e)         the spouse, domestic partner, parent or child of the member.

        (7)         In this regulation—

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"spouse"—a person is the spouse of another if they are legally married.