Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if a Tribunal member who constitutes, or is one of the Tribunal members who constitute, the Tribunal for the purpose of a Tribunal proceeding has or acquires any interest (the potential conflict ) that conflicts or could conflict with the proper performance of the member's functions in relation to the proceeding.
Note: Failure to comply with the requirements of this section is a ground for termination: see section 110YH.
If the Tribunal member is the Chair
(2) If the Tribunal member is the Chair:
(a) the Chair must disclose the potential conflict to the Minister, and to all persons who appear or have appeared before the Tribunal in the Tribunal proceeding; and
(b) the Chair must not continue to take part i n the proceeding unless the Minister consents in writing.
If the Tribunal member is not the Chair
(3) If the Tribunal member is not the Chair:
(a) the Tribunal member must disclose the potential conflict to the Chair, and to all persons who appear or have appeared before the Tribunal in the Tribunal proceeding; and
(b) the Tribunal member must not continue to take part i n the proceeding unless the Chair consents in writing.
Consent is not a legislative instrument
(4) A consent by the Minister or the Chair under subsection
( 2) or (3) is not a legislative instrument.