Criminal Code and Other Legislation (Ministerial Accountability) Amendment Bill 2019* (Qld)

An Act to amend the Criminal Code and the Parliament of Queensland Act 2001 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Criminal Code and Other Legislation (Ministerial Accountability) Amendment Act 2019.

Part 2 Amendment of Criminal Code

2 Code amended This part amends the Criminal Code.

3 Amendment of s 1 (Definitions) Section 1— insert— declarable conflict of interest, for part 3, chapter 13A, see section 97B. executive officer, of an entity, for part 3, chapter 13A, see section 97A. interest, for part 3, chapter 13A, see section 97A.related party, of a Minister, for part 3, chapter 13A, see section 97C.

4 Insertion of new pt 3, ch 13A Part 3— insert—

Chapter 13A Ministers' conflicts of interest

97A Definitions for chapter In this chapter— declarable conflict of interest see section 97B. executive officer, of an entity, means a person who is concerned with, or takes part in, the entity's management, whether or not the person's position is given the name of executive officer. interest means a financial or other interest. related party, of a Minister, see section 97C.

97B What is a declarable conflict of interest (1) A Minister has a declarable conflict of interest in a matter if— (a) either of the following persons has, or could reasonably be presumed to have, a conflict between the person's personal interest in the matter and the public interest— (i) the Minister; (ii) a related party of the Minister; and (b) because of the conflict, the Minister's participation in a decision about the matter might lead to a decision that is contrary to the public interest. (2) However, a Minister does not have a declarable conflict of interest in a matter if— (a) the conflict of interest arises solely because— (i) the Minister undertakes an engagement in the capacity of Minister for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (ii) the Minister, or a related party of the Minister, is a member of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (iii) the Minister, or a related party of the Minister, is a member of a political party; or (iv) the Minister, or a related party of the Minister, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or (b) the conflict of interest arises solely because of the religious beliefs of the Minister or a related party of the Minister; or (c) the Minister, or a related party of the Minister, stands to gain a benefit or suffer a loss because of the conflict of interest that is no greater than the benefit or loss that a significant proportion of persons in Queensland stand to gain or lose; or (d) the conflict of interest arises solely because the Minister, or a related party of the Minister, receives gifts from an entity totalling $150 or less during the relevant term for the Minister. (3) In this section— election see the Electoral Act 1992, section 2. relevant term, for a Minister, means the period consisting of the Minister's current term of office as a member of the Legislative Assembly and either of the following periods— (a) if the Minister held office as a member of the Legislative Assembly for a term during the session of the Legislative Assembly immediately before the current session—the period of that term; (b) if paragraph (a) does not apply, the period— (i) starting on the day the Minister announced or otherwise publicly indicated an intention to be a candidate in the election in which the Minister was elected for the Minister's current term of office as a member of the Legislative Assembly; and (ii) ending on the day immediately before the Minister's current term of office as a member of the Legislative Assembly started.