National Native Title Tribunal Part 6
Membership of the National Native Title Tribunal Division 2
Section 122
Service in Defence Force
(2) The reference in subsection (1) to paid employment does not
include service in the Defence Force.
122 Disclosure of interests
Member to disclose conflict of interest
(1) A member who has a conflict of interest in relation to an
application under Part 3 or an inquiry by the Tribunal must
disclose the matters giving rise to that conflict:
(a) if the member is the President—to the Commonwealth
Minister and the parties; or
(b) in any other case—to the President and the parties.
Requirement for consent
(2) The member must not take part in the inquiry or exercise any
powers in relation to the application or the inquiry unless:
(a) if the member is the President—the Commonwealth Minister
and the parties consent; or
(b) in any other case—the President and the parties consent.
Meaning of conflict of interest
(3) For the purposes of this section, a member has a conflict of interest
in relation to an application under Part 3 or an inquiry by the
Tribunal if the member has any interest, pecuniary or otherwise,
that could conflict with the proper performance of the member’s
functions in relation to that application or inquiry.
(4) Without limiting subsection (3), a person has a conflict of interest
at a particular time in relation to an application under Part 3, or an
inquiry by the Tribunal, if:
(a) at that time, the person is employed by, or engaged as a
consultant to, an organisation that has an interest in the
subject matter of the application or the inquiry; or
Compilation No. 47
Native Title Act 1993
311
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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