Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 19

19. After section 144 of the Principal Act the following sections are
inserted: Disclosure of interests by members



"144A. (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 he has or
acquires any interest, pecuniary or otherwise, that could conflict with the
proper performance of his functions in relation to that proceeding-

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

   (b)  except with the consent of all the parties to the proceeding, he 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 sub-section (1)-

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

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



"(3) In this section-

   (a)  a reference to a proceeding shall be read as a reference to a
        proceeding by way of an inquiry by, or an application or reference to,
        the Tribunal under this Act; and

   (b)  a reference to a party to a proceeding, being an inquiry conducted by
        the Tribunal in pursuance of section 148, shall be read as a reference
        to a person or organization recognized by the Tribunal as a party to
        the inquiry. Removal from office for failure to disclose interest



"144B. Where the Governor-General is satisfied that a member has failed,
without reasonable excuse, to make a disclosure that he is, under sub-section
144A (1), required to make, the Governor-General shall remove that member from
office.".