Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 11

11. Section 17 of the Principal Act is repealed and the following section is
substituted:
Disclosure of interests by members   "17. (1) Where a member of the Commission
other than the Chairman is taking part, or is to take part, in the
determination of a matter before the Commission and the member has or acquires
any pecuniary interest that could conflict with the proper performance of his
or her functions in relation to the determination of the matter-

   (a)  the member shall disclose the interest to the Chairman; and

   (b)  the member shall not take part, or continue to take part, in the
        determination of the matter if-

        (i)    the Chairman gives a direction under paragraph (2) (a) in
               relation to the matter; or

        (ii)   all of the persons concerned in the matter do not consent to
               the member taking part in the determination of the matter.

"(2) Where the Chairman becomes aware that a member of the Commission is
taking part, or is to take part, in the determination of a matter and that the
member has in relation to the determination of the matter such an interest-

   (a)  if the Chairman considers that the member should not take part, or
        should not continue to take part, in the determination of the
        matter-the Chairman shall give a direction to the member accordingly;
        or

   (b)  in any other case-the Chairman shall cause the interest of the member
        to be disclosed to the persons concerned in the matter.

"(3) The Chairman shall give written notice to the Minister of all pecuniary
interests that the Chairman has or acquires in any business carried on in
Australia or in any body corporate carrying on any such business.

"(4) In this section, 'member of the Commission' includes an associate member
of the Commission.".