Western Australian Consolidated Acts

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LAND ADMINISTRATION ACT 1997 - SECT 99

99 .         Particular duties of members

        (1)         A member of the Board must at all times act honestly and diligently in exercising or performing his or her functions under this Part.

        (2)         If a matter is before a meeting for consideration and a person present at the meeting has a direct or indirect pecuniary interest in the matter —

            (a)         the member must disclose to the other members present at the meeting, as soon as possible after the relevant facts have come to his or her knowledge, that he or she has an interest;

            (b)         the disclosure is to be recorded in the minutes of the meeting; and

            (c)         the member must not subsequently be present during any consideration or discussion of, and may not vote on any determination of, the matter.

        (3)         A member must not disclose any information acquired by virtue of the exercise or performance of any function under this Act unless the disclosure is made in connection with the carrying out of this Act or under a legal duty.

        (4)         A member must not make use of any information acquired by virtue of the exercise or performance of his or her functions to gain, directly or indirectly, an improper advantage for himself or herself or to cause detriment to any person.

        (5)         A member who commits a breach of any provision of this section —

            (a)         is liable to the Crown for any profit made by him or her as a result of the breach of that provision; and

            (b)         commits an offence and is liable to a fine of $10 000.

        (6)         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.



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