COMPETITION AND CONSUMER ACT 2010 - SECT 52ZN Disclosure of conflicts of interest where ACMA appoints member of panel
COMPETITION AND CONSUMER ACT 2010 - SECT 52ZN
Disclosure of conflicts of interest where ACMA appoints member of panel(1) Before the ACMA appoints a person to be a member of the panel, the ACMA must give the person a reasonable opportunity to declare actual or potential conflicts of interest in accordance with subsection (2).
(2) Before a person accepts appointment as a member of the panel, the person must declare to the ACMA any actual or potential conflict of interest in relation to the arbitration.
(3) If the ACMA has reason to consider that a person who has been appointed as a member of the panel has any actual or potential conflict of interest in relation to the arbitration (regardless whether the person declared the conflict in accordance with subsection (2)):
(a) the ACMA may give a notice in writing to the person stating that the person should no longer be a member of the panel; and
(b) the person ceases to be a member of the panel when ACMA gives the person the notice.
(4) If the ACMA gives a notice under paragraph (3)(a), the ACMA must, as soon as practicable:
(a) give a copy of the notice to the bargaining parties; and
(b) make an appointment of another person as a member of the panel.
(5) For the purposes of paragraph (4)(b), the ACMA may only make an appointment of a person who is listed on the register of bargaining code arbitrators.
(6) For the purposes of this section, a person has a conflict of
interest in relation to the arbitration if the person has any interest,
pecuniary or otherwise, that could conflict with the proper performance of the
person's functions in relation to the arbitration.