Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 144A

Disclosure of interests by members

             (1)  Where a member is, or is to be, the Tribunal, or a member of the Tribunal, as constituted for the purposes of a proceeding and the member has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to that proceeding:

                     (a)  he or she shall disclose the interest to the parties to the proceeding; and

                     (b)  except with the consent of all the parties to the proceeding, he or she shall not take part in the proceeding.

             (2)  Where the President becomes aware that a member is, or is to be, the Tribunal, or a member of the Tribunal, as constituted for the purposes of a proceeding and that the member has, in relation to that proceeding, such an interest as is mentioned under subsection (1):

                     (a)  if the President considers that the member should not take part, or should not continue to take part, in the
proceeding--he or she shall give a direction to the member accordingly; or

                     (b)  in any other case--he or she shall cause the interest of the member to be disclosed to the parties to the proceeding.

             (3)  In this section, a reference to a proceeding includes a reference to a proceeding by way of an application or reference to the Tribunal under this Act.



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