Commonwealth Consolidated Acts

NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ACT 1992 - SECT 76

  (1)   If:

  (a)   the Commissioner is investigating, or is to investigate, a complaint concerning reviewable action; and

  (b)   the Commissioner has, or acquires, an interest that could conflict with the proper performance of the Commissioner's functions in relation to the investigation;

the Commissioner:

  (c)   must disclose the interest to the complainant and the Minister; and

  (d)   may proceed with the investigation only if the complainant and the Minister agree.

  (2)   If, in relation to the investigation of a complaint:

  (a)   the Commissioner discloses an interest under subsection   (1); and

  (b)   the complainant or the Minister does not agree to the Commissioner proceeding with the investigation;

the Minister may appoint a person to perform the functions and exercise the powers of the Commissioner in relation to the complaint.

  (3)   A person appointed by the Minister under subsection   (2) is to be appointed:

  (a)   on such terms and conditions; and

  (b)   for such period;

as the Minister determines.

  (4)   Any recommendation made by a person appointed under subsection   (2) in relation to a complaint has the same effect as if it had been made by the Commissioner.