72Disclosure of interests of member in relation to reviews and inquiries

##### 72 Disclosure of interests of member in relation to reviews and inquiries (1) Where: (a) the Agency is reviewing, or is to review, a decision in accordance with Division 3 or is conducting, or is to conduct, an inquiry in accordance with Division 5; and (b) a member has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to the matter; the member: (c) shall disclose the interest to the parties to the proceeding; and (d) except with the consent of all the parties to the proceeding, shall not take part in the proceeding. (2) Where the Minister becomes aware that: (a) the Agency is reviewing, or is to review, a decision in accordance with Division 3 or is conducting, or is to conduct, an inquiry in accordance with Division 5; and (b) a member has, in relation to the matter, such an interest as is mentioned in subsection (1); then: (c) if the Minister considers that the member should not take part, or should not continue to take part, in the proceeding—he or she shall give a direction to the member accordingly; or (d) in any other case—he or she shall cause the interest of the member to be disclosed to the parties to the proceeding. (3) In this section: (a) a reference to a proceeding shall be read as a reference to a proceeding by way of a review by the Agency of a decision in accordance with Division 3 or an inquiry by the Agency in accordance with Division 5; (b) a reference to a party to a proceeding, being a review of a decision by the Agency in accordance with Division 3, shall be read as a reference to the Commonwealth employee applying for review of the decision and the person who made the decision; and (c) a reference to a party to a proceeding, being an inquiry by the Agency in accordance with Division 5, shall be read as a reference to a person or organization recognized by the Agency as a party to the inquiry.