Western Australian Numbered Acts

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SWAN AND CANNING RIVERS MANAGEMENT ACT 2006 (NO. 51 OF 2006) - SECT 134

134 .         Duties and liabilities of persons performing functions under this Act

        (1)         In this section —

        “member” means —

            (a)         a member of the Trust or of a committee and a person who attends a meeting under section 22;

            (b)         any person to whom a function is delegated or subdelegated under section 33.

        (2)         A member must at all times act honestly in the performance of a function under this Act.

        Penalty: a fine of $10 000.

        (3)         A member must not disclose any information acquired by virtue of the performance of any function unless the disclosure is made —

            (a)         in connection with the carrying out of this Act or under a legal duty;

            (b)         as required or allowed by this Act or under another written law;

            (c)         in the case of a person who attends a meeting under section 22 —

                  (i)         in connection with the performance of his or her functions for the local government or redevelopment authority; and

                  (ii)         to a closed meeting, or a closed committee meeting, of the council of the local government or redevelopment authority;

            (d)         with the written consent of the person to whom the information relates; or

            (e)         in prescribed circumstances.

        Penalty: a fine of $10 000.

        (4)         A member must not make improper use of information acquired by virtue of the performance of any function under this Act to gain, directly or indirectly, an improper advantage for himself or herself or to cause detriment to the Trust.

        Penalty: a fine of $10 000.

        (5)         A member who commits a breach of any provision of this section is liable for any profit made by the member or for any damage suffered by the Trust as a result of the breach of that provision.

        (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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