Document ID: chunk:federal_register_of_legislation:C2007A00108:clause:5_9b
Version: federal_register_of_legislation:C2007A00108
Segment Type: clause
Provision Reference: sch 5 cl 9B
Character Range: 26830–28107

9B  Obligation to disclose interests before deliberating on or deciding a particular matter

 (1) A member (the discloser) who has an interest that could conflict with the proper performance of the functions of his or her office, as they give him or her a role in the deliberations or decisions of the Commission in relation to a particular matter, must not perform that role in relation to that matter unless:
 (a) he or she has disclosed that interest to each of the other members; and
 (b) each of those members has consented to the discloser performing that role in relation to that matter despite the possible conflict of interest.

 (2) A member, other than the Chairperson, who gives a consent under paragraph (1)(b) must, as soon as practicable, advise the Chairperson that he or she has given the consent.

 (3) If an interest is disclosed under subsection (1), the Chairperson must, as soon as practicable, give the Minister a written notice:
 (a) describing the interest and the matter; and
 (b) advising the Minister whether the members have consented as mentioned in paragraph (1)(b).

 (4) Subsection (1) applies to interests:
 (a) whether direct or indirect, and whether or not pecuniary; and
 (b) whether acquired before or after the discloser's appointment.