sec.12Disclosure of conflicts of interest

sec.12 Disclosure of conflicts of interest

This section applies if an animal valuer, who is selected to form a panel to value an animal for a proceeding, becomes aware that the valuer has an actual conflict of interest or potential conflict of interest about the proceeding (both a conflict of interest ). The valuer must immediately give notice to the following persons of the issue giving rise to the conflict of interest— if the valuer becomes aware of the conflict of interest before signing the certificate of valuation for the animal—the chief executive and a prosecutor for the proceeding; otherwise—a prosecutor for the proceeding. If the chief executive receives a notice under subsection (2) (a) , the chief executive must— replace the valuer on the panel; and tell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer. If a prosecutor receives a notice under subsection (2) (b) , the prosecutor must give notice of the issue giving rise to the valuer’s conflict of interest to— the court hearing the proceeding; and the accused person in the proceeding or a lawyer acting for the accused person. If the valuer becomes aware of the conflict of interest after signing the certificate of valuation for the animal, the valuation of the animal, and the certificate of valuation, are of no effect unless— all parties to the proceeding have been notified of the issue giving rise to the conflict of interest and consent to the tendering of the certificate of valuation; or if 1 or more parties to the proceeding do not consent—the court is satisfied that it is appropriate for the certificate to be tendered and to proceed with the proceeding with only 1 animal valuer forming the panel. Also, if 1 or more parties do not consent under subsection (5) , the court may grant an adjournment of the proceeding, on terms it considers appropriate, to allow— the replacement of the animal valuer on the panel; and a new certificate of valuation to be tendered in the proceeding. In this section— actual conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that conflicts with the proper performance of the valuer’s functions for the proceeding. potential conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that could conflict with the proper performance of the valuer’s functions for the proceeding. (sec.12-ssec.1) This section applies if an animal valuer, who is selected to form a panel to value an animal for a proceeding, becomes aware that the valuer has an actual conflict of interest or potential conflict of interest about the proceeding (both a conflict of interest ). (sec.12-ssec.2) The valuer must immediately give notice to the following persons of the issue giving rise to the conflict of interest— if the valuer becomes aware of the conflict of interest before signing the certificate of valuation for the animal—the chief executive and a prosecutor for the proceeding; otherwise—a prosecutor for the proceeding. (sec.12-ssec.3) If the chief executive receives a notice under subsection (2) (a) , the chief executive must— replace the valuer on the panel; and tell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer. (sec.12-ssec.4) If a prosecutor receives a notice under subsection (2) (b) , the prosecutor must give notice of the issue giving rise to the valuer’s conflict of interest to— the court hearing the proceeding; and the accused person in the proceeding or a lawyer acting for the accused person. (sec.12-ssec.5) If the valuer becomes aware of the conflict of interest after signing the certificate of valuation for the animal, the valuation of the animal, and the certificate of valuation, are of no effect unless— all parties to the proceeding have been notified of the issue giving rise to the conflict of interest and consent to the tendering of the certificate of valuation; or if 1 or more parties to the proceeding do not consent—the court is satisfied that it is appropriate for the certificate to be tendered and to proceed with the proceeding with only 1 animal valuer forming the panel. (sec.12-ssec.6) Also, if 1 or more parties do not consent under subsection (5) , the court may grant an adjournment of the proceeding, on terms it considers appropriate, to allow— the replacement of the animal valuer on the panel; and a new certificate of valuation to be tendered in the proceeding. (sec.12-ssec.7) In this section— actual conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that conflicts with the proper performance of the valuer’s functions for the proceeding. potential conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that could conflict with the proper performance of the valuer’s functions for the proceeding.