Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.