Western Development Commission Act, 1998

Disclosure by members of Commission of certain interests.

16.—(1) Where at a meeting of the Commission any of the following matters arises, namely—

(a) an arrangement to which the Commission is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Commission or a proposed such contract or other agreement,

then, any member of the Commission present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall—

(i) at the meeting disclose to the Commission the fact of such interest and the nature thereof,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Commission relating to the matter, and

(v) not vote on a decision relating to the matter.

(2) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3) Where at a meeting of the Commission a question arises as to whether or not a course of conduct, if pursued by a member of the Commission, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where the Minister is satisfied that a member of the Commission has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of the Commission.

(5) A person who contravenes this section shall be guilty of an offence.