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National Health and Medical Research Council Act 1992
76Disclosure of interests of Commissioner in relation to investigation
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#### 76 Disclosure of interests of Commissioner in relation to investigation
(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.