70Disclosure of interest by members of Tribunal

70 Disclosure of interest by members of Tribunal

[Section 70 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] If the Tribunal is constituted by, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member’s functions in proceedings, the member –

(a) must disclose the interest to the parties to the proceedings; and

(b) must disclose the interest to the President or, if the President is the member with the interest, make a record of the interest and declare whether he or she will withdraw from the proceedings; and

(c) must not take part in the proceedings or exercise powers affecting the proceedings –

(i) if the President directs the member to withdraw from the proceedings or has declared that he or she will withdraw from the proceedings; or

(ii) if a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceedings.