participating in the relevant decision or making or participating in any action concerning it. Those provisions in relation to conflicts of interest include s 7(2) of the Code and cll 11(2)(c), 12(2) and (3)(b) of the Schedule.
212 Finally, there is cl 27 of the Schedule, which concerns "rulings" generally, and as described in cl 27(5) contemplates a "ruling in respect of the Premier" that may be given "if approved by the Cabinet". The definition of "ruling" in s 11 of the Code is "a ruling by the Premier" under certain clauses of the Schedule, including cl 12(2). However, the application of that definition is qualified by the words "unless the context otherwise requires" at the beginning of s 11. The "ruling" referred to in cl 27(5) is one which on its face is capable of applying to the Premier (as first Minister) with respect to the application of cl 12(2) of the Schedule, and accordingly the prohibition in cl 12(1), which is in the same terms as s 7(2).
213 As counsel for the Commission contended, there are in the universe of possibilities three ways of resolving how these provisions are to be understood with respect to their application to the Premier. The first is that contended for by the applicant. As the Premier cannot sensibly be the subject of the permissive regime contemplated or provided for by s 7(2) of the Code and cll 2(3)(c), 3(5)(c) and 12(3)(b) of the Schedule, cl 12(1) should be read down as not applying to the Premier at all, notwithstanding the emphatic language of s 1(2) and 4 of the Code and the language of cll 1, 3, 4 and 11 of the Preamble to the Code (extracted at [204] above). The second is that the Premier is subject to substantially the same restrictions in s 7(2) and cl 12(1) without any mechanism for him or her to seek dispensation. The third possibility is that the power in cl 12(2) to make a ruling authorising the Minister to continue to act may be exercised by the Cabinet where the Minister with the conflict is the Premier, and where such a ruling is made, that ruling would also satisfy the requirement for a written approval in s 7(2).
214 In its terms the Code applies to all current and future Ministers, and should be construed, if at all possible, so that it has that consequence. The language of cl 27(5) of the Schedule provides the mechanism by which that is to be achieved, providing for "rulings" by the Cabinet when the Minister in question is the Premier. That mechanism permits the Code and Schedule to apply consistently to all Ministers, including the Premier. The third of the three possible constructions is clearly to be preferred.
215 Adopting that interpretation, the duty to act honestly and in the public interest, imposed by s 6 of the Code, applies to all Ministers, including the Premier. The description of what constitutes a "conflict of interest" (s 7(3)) in its terms is capable of applying to all Ministers, including the Premier. Section 7(2) in its terms applies to the Premier, except
