Australian Capital Territory Numbered Acts

CONSUMER AND TRADER TRIBUNAL ACT 2003 (NO. 16 OF 2003) - SECT 37

    (1)     This section applies if—

        (a)     a person is, or is to be, a tribunal member for a proceeding; and

        (b)     the person has or acquires an interest, financial or otherwise, that could conflict with the exercise of the member's functions in relation to the proceeding.

    (2)     The person—

        (a)     must tell the parties to the proceeding about the interest; and

        (b)     must not take part, or continue to take part, in the proceeding, or exercise any function in relation to the proceeding, unless each party consents to the person taking part, or continuing to take part, in the proceeding.

    (3)     If the president becomes aware that a person is, or is to be, a tribunal member for a proceeding and that the member has an interest mentioned in subsection (1) (b) in relation to the proceeding—

        (a)     if the president considers that the person should not take part, or should not continue to take part, in the proceeding—the president must direct the person not to take part or continue to take part; or

        (b)     in any other case—the president must cause the interest of the person to be disclosed to the parties to the proceeding.

    (4)     In this section:

"interest" means a direct or indirect interest.