Commonwealth Consolidated Acts

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FISHERIES MANAGEMENT ACT 1991 - SECT 134

Disclosure of interests

  (1)   Where a member is, or is to be, a member of the Panel constituted for the purposes of a review and has a conflict of interest in relation to the review, the member:

  (a)   must disclose the matters giving rise to that conflict to the parties to the proceeding; and

  (b)   except with the consent of all the parties to the proceeding, must not take part   in the review or exercise any powers in relation to the review.

  (2)   Where the Principal Member becomes aware that a member is, or is to be, a member of the Panel as constituted for the purposes of a review and that the member has a conflict of interest in relation to the review:

  (a)   if the Principal Member considers that the member should not take part, or should not continue to take part, in the review--the Principal Member must direct the member accordingly; or

  (b)   in any other case--the Principal Member must disclose the member's interest to all the parties to the proceedings.

  (3)   Where the Principal Member discloses the member's interest to all the parties to the proceedings, the member must not, except with the consent of all the parties, take part   in the review or exercise any powers in relation to the review.

  (4)   For the purposes of this section, a member has a conflict of interest in relation to a review by the Panel if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to that review.



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