Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 144A

Disclosure of interests by members

  (1)   Where a member is, or is to be, the Tribunal, or a member of the Tribunal, as constituted for the purposes of a proceeding and the member has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to that proceeding:

  (a)   he or she shall disclose the interest to the parties to the proceeding; and

  (b)   except with the consent of all the parties to the proceeding, he or she shall not take part   in the proceeding.

  (2)   Where the President becomes aware that a member is, or is to be, the Tribunal, or a member of the Tribunal, as constituted for the purposes of a proceeding and that the member has, in relation to that proceeding, such an interest as is mentioned under subsection   (1):

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

  (b)   in any other case--he or she shall cause the interest of the member to be disclosed to the parties to the proceeding.

  (3)   In this section, a reference to a proceeding includes a reference to a proceeding by way of an application or reference to the Tribunal under this Act.


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