40Resolution of conflicts of interest

40 Resolution of conflicts of interest (1) If the Commissioner (as an Integrity Officer) determines that exercising a power or performing a function under an Integrity Act would give rise to an actual, potential or perceived conflict of interest, the Commissioner: (a) must notify the Inspector in writing as soon as practicable; and (b) must not exercise the power or perform the function. (2) The Inspector must: (a) determine how the power is to be exercised or the function is to be performed so as to avoid the conflict of interest arising; and (b) advise the Commissioner (as the relevant Integrity Officer) of the Inspector's determination. Examples for subsection (2)(a) The Inspector may determine that: (a) the Commissioner (as the relevant Integrity Officer) may resume exercising the power or performing the function with specified measures in place; or (b) an acting Integrity Officer must be appointed to exercise the power or perform the function.