Document ID: chunk:federal_register_of_legislation:C2024C00224:section:122
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 122
Character Range: 492104–493642

122  Disclosure of interests

Member to disclose conflict of interest
 (1) A member who has a conflict of interest in relation to an application under Part 3 or an inquiry by the Tribunal must disclose the matters giving rise to that conflict:
 (a) if the member is the President—to the Commonwealth Minister and the parties; or
 (b) in any other case—to the President and the parties.

Requirement for consent
 (2) The member must not take part in the inquiry or exercise any powers in relation to the application or the inquiry unless:
 (a) if the member is the President—the Commonwealth Minister and the parties consent; or
 (b) in any other case—the President and the parties consent.

Meaning of conflict of interest
 (3) For the purposes of this section, a member has a conflict of interest in relation to an application under Part 3 or an inquiry by the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to that application or inquiry.
 (4) Without limiting subsection (3), a person has a conflict of interest at a particular time in relation to an application under Part 3, or an inquiry by the Tribunal, if:
 (a) at that time, the person is employed by, or engaged as a consultant to, an organisation that has an interest in the subject matter of the application or the inquiry; or
 (b) at any time in the 12 months immediately before that time, the person was so employed or engaged.

Division 3—Organisation of the Tribunal