Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 110XG

When this section applies

  (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   in 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   in 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.