13Disclosure of interest

13 Disclosure of interest

(1)  If a person appointed to, or acting in, the office of a member of the Commission has a direct or indirect interest (pecuniary or otherwise) in a matter that is about to be considered by the person in his or her capacity as a member of the Commission, the person must disclose the nature of the interest to the Treasurer as soon as practicable after the relevant facts come to the person's knowledge.

(2)  Unless the Treasurer otherwise determines, a person who has made a disclosure under subsection (1) in relation to a matter must not –

(a) be present during any consideration of, or the making of a decision in relation to, the matter under this Act or any other Act or during any other proceeding in relation to the matter under this Act or any other Act; or

(b) take part in any consideration of, or the making of a decision in relation to, the matter.

(3)  For the purpose of making a decision under subsection (2) , the member of the Commission to whom the decision relates must not –

(a) be present during any deliberation of the Commission for the purpose of making the decision; or

(b) take part in making the decision.

(4)  Subsection (1) does not apply in respect of an interest that consists only of the receipt of a service that –

(a) is also available to members of the public; and

(b) is made available on the same terms as apply to members of the public.

(5)  A contravention of subsection (1) does not invalidate any act, proceeding or decision of the Commission.

(6)  If the Commission is a corporation sole and subsection (2) applies in relation to a matter, the Treasurer must appoint under section 8(2) another person to act in the office of the member of the Commission in relation to the matter.