Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:71:p1
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 71 (pt 1/2)
Character Range: 73046–75721

71      Conflicts of interests by examiners

(1)    If a person who is proposed to be appointed as an examiner is aware that the person has, or may have, a material interest in relation to the examination of the student's thesis, the person must comply with subsection (2).
[Note: Material interest is defined in subsection (8). The definition of indirect interest in that subsection applies to the definition of material interest.]

(2)    Before the person is appointed as an examiner, the person must:

(a)    tell the Associate Dean, in writing, that the person has, or may have, a material interest in relation to the examination of the student's thesis; and

(b)    disclose the nature of the interest, in writing, to the Associate Dean.

(3)    If an examiner becomes aware that the examiner has, or may have, a material interest in relation to the examination of the thesis, the examiner must immediately disclose the nature of the interest, in writing, to the Associate Dean.

(4)    If an examiner makes a disclosure under subsection (3), the examiner must not take part, or continue to take part, in the examination of the thesis unless the Associate Dean agrees, in writing, to the examiner continuing as an examiner.

(5)    If a person is aware that a person who is proposed to be appointed, or has been appointed, as an examiner has, or may have, a material interest in relation to the examination of the thesis, the person must immediately tell the Associate Dean in writing.

(6)    If the Associate Dean becomes aware that an examiner has, or may have, a material interest in relation to the examination of the thesis, the Associate Dean may, by written notice given to the examiner, end the examiner's appointment as examiner.

(7)    Subsection (6) does not limit the Associate Dean's power to end the appointment of an examiner.

(8)    In this section:
associate, of a person, includes:

(a)    a business or research partner of the person; and

(b)    a close friend of the person; and

(c)    a family member of the person.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation's management, whether or not the person is a director of the corporation.
indirect interest: without limiting the kinds of indirect interests a person may have, a person has an indirect interest in relation to the examination of the thesis if any of the following has an interest in relation to the examination of the thesis:

(a)    an associate of the person;

(b)    a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the