Commonwealth Numbered Regulations

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) REGULATIONS 2017 (F2017L01701) - REG 22

Conflicts of interest

             (1)  A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.

             (2)  If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject-matter of a proposed request by the Director-General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:

                     (a)  in the case of a proposed request by the Director-General of Security--advise the Director-General of Security that he or she is unable to prepare a submission in relation to the proposed request; or

                     (b)  in the case of a proposed written application by an enforcement agency--advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or

                     (c)  in the case of a proposed oral application by an enforcement agency--advise the applicant that he or she is unable to attend the hearing of the application.

             (3)  To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).



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