Queensland Numbered Acts

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INTEGRITY REFORM (MISCELLANEOUS AMENDMENTS) ACT 2010 No. 37 - SECT 12

12 Replacement of s 12 (Declaration of interests)

Section 12--

omit, insert--

'(1) This section applies to the auditor-general on appointment.

Note--
Appointment includes reappointment. See the Acts Interpretation Act 1954, section 36, definition appoint.

'(2) The auditor-general must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to--

(a) the interests of the auditor-general; and
(b) the interests of each person who is a related person in relation to the auditor-general.

'(3) The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001, section 69B if the auditor-general were a member of the Legislative Assembly.

'(4) Subsections (5) and (6) apply if, after the giving of the statement--

(a) there is a change in the interests mentioned in subsection (2); and
(b) the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001, section 69B if the auditor-general were a member of the Legislative Assembly.

'(5) The auditor-general must give the Speaker a revised statement.

'(6) The revised statement must--

(a) be given as soon as possible after the relevant facts about the change come to the auditor-general's knowledge; and
(b) comply with subsection (3).

'(7) The Speaker must, if asked, give a copy of the latest statement to--

(a) the Premier; or
(b) the leader of a political party represented in the Legislative Assembly; or
(c) the Crime and Misconduct Commission; or
(d) a member of the parliamentary committee; or
(e) the integrity commissioner.

'(8) The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the auditor-general to another member of the Legislative Assembly.

'(9) A member of the Legislative Assembly may, by writing given to the Speaker, allege that the auditor-general has not complied with the requirements of this section.

'(10) A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954, section 36 does not apply.

'(11) In this section--

integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009.

related person, in relation to the auditor-general, means--

(a) the auditor-general's spouse; or
(b) a person who is totally or substantially dependent on the auditor-general and--
(i) the person is the auditor-general's child; or
(ii) the person's affairs are so closely connected with the affairs of the auditor-general that a benefit derived by the person, or a substantial part of it, could pass to the auditor-general.

'(1) If the auditor-general has an interest that conflicts or may conflict with the discharge of the auditor-general's responsibilities, the auditor-general--

(a) must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the auditor-general's knowledge; and
(b) must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.

'(2) If the conflict or possible conflict between an interest of the auditor-general and the auditor-general's responsibilities is resolved, the auditor-general must give to the Speaker and parliamentary committee a statement advising of the action the auditor-general took to resolve the conflict or possible conflict.

'(3) A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954, section 36 does not apply.'.



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