Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 17

Disclosure of interests by members

             (1)  Where a member of the Commission other than the Chairperson is taking part, or is to take part, in the determination of a matter before the Commission and the member has or acquires any pecuniary interest that could conflict with the proper performance of his or her functions in relation to the determination of the matter:

                     (a)  the member shall disclose the interest to the Chairperson; and

                     (b)  the member shall not take part, or continue to take part, in the determination of the matter if:

                              (i)  the Chairperson gives a direction under paragraph (2)(a) in relation to the matter; or

                             (ii)  all of the persons concerned in the matter do not consent to the member taking part in the determination of the matter.

             (2)  Where the Chairperson becomes aware that a member of the Commission is taking part, or is to take part, in the determination of a matter and that the member has in relation to the determination of the matter such an interest:

                     (a)  if the Chairperson considers that the member should not take part, or should not continue to take part, in the determination of the matter--the Chairperson shall give a direction to the member accordingly; or

                     (b)  in any other case--the Chairperson shall cause the interest of the member to be disclosed to the persons concerned in the matter.

             (3)  The Chairperson shall give written notice to the Minister of all pecuniary interests that the Chairperson has or acquires in any business carried on in Australia or in any body corporate carrying on any such business.

             (4)  In this section, member of the Commission includes an associate member of the Commission.



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