Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 73

    (1)     This section applies if—

        (a)     a member of an inquiry panel has a direct or indirect financial or personal interest in an issue being considered, or to be considered, by the panel; and

        (b)     the interest could conflict with the proper exercise of the member's functions in relation to the panel's consideration of the issue.

    (2)     As soon as practicable after the relevant facts come to the member's knowledge, the member must—

        (a)     disclose the nature of the interest to a meeting of the inquiry panel; and

        (b)     tell the parties to the inquiry about the interest; and

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

    (3)     If the presiding member becomes aware that a member of an inquiry panel has an interest mentioned in subsection (1) (b) in relation to the inquiry, the presiding member must direct the person not to take part, or continue to take part, in the inquiry unless each party to the inquiry gives its consent in accordance with subsection (2) (c).

    (4)     Within 14 days after the day an interest is disclosed to the presiding member under this section, the presiding member must give the Minister a statement of the disclosure.