Document ID: chunk:federal_register_of_legislation:C2024C00108:section:76
Version: federal_register_of_legislation:C2024C00108
Segment Type: section
Provision Reference: s 76
Character Range: 63956–65193

76  Disclosure of interests of Commissioner in relation to investigation
 (1) If:
 (a) the Commissioner is investigating, or is to investigate, a complaint concerning reviewable action; and
 (b) the Commissioner has, or acquires, an interest that could conflict with the proper performance of the Commissioner's functions in relation to the investigation;
the Commissioner:
 (c) must disclose the interest to the complainant and the Minister; and
 (d) may proceed with the investigation only if the complainant and the Minister agree.
 (2) If, in relation to the investigation of a complaint:
 (a) the Commissioner discloses an interest under subsection (1); and
 (b) the complainant or the Minister does not agree to the Commissioner proceeding with the investigation;
the Minister may appoint a person to perform the functions and exercise the powers of the Commissioner in relation to the complaint.
 (3) A person appointed by the Minister under subsection (2) is to be appointed:
 (a) on such terms and conditions; and
 (b) for such period;
as the Minister determines.
 (4) Any recommendation made by a person appointed under subsection (2) in relation to a complaint has the same effect as if it had been made by the Commissioner.