Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 40

Disclosure of interests by members of Tribunal

             (1)  Where a member of the Tribunal is, or is to be, a member of a Division of the Tribunal in any proceedings 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 proceedings:

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

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

                              (i)  the President gives a direction under paragraph (2)(a) in relation to the proceedings; or

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

             (2)  Where the President becomes aware that a member of the Tribunal is, or is to be, a member of a Division of the Tribunal in any proceedings and that the member has in relation to the proceedings such an interest:

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

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback