Document ID: chunk:federal_register_of_legislation:C2004A03957:body:0:p9
Version: federal_register_of_legislation:C2004A03957
Segment Type: other
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Character Range: 20753–23687

receipt by him or her of a notice under subsection (3) of a proposed determination" and substituting "the period referred to in subsection (6a)";

(d) by inserting after subsection (6) the following subsection:

    "(6a) The period within which the Minister may give notice is:

      (a) if the Corporation has received a notice under paragraph 19 (1) (b) of the Prices Surveillance Authority Act 1983 that the Prices Surveillance Authority is to hold an inquiry into the supply of services, by the Corporation, to which the proposed determination relates—within 30 days after the Minister receives from the Corporation:

         (i) notice under subsection (4a) of the Prices Surveillance Authority having given the Corporation notice under section 28 of that Act; or

         (ii) a copy of the report that the Prices Surveillance Authority gave to the Corporation under section 26 of that Act in relation to the supply of services concerned; or

      (b) in any other case—within 30 days after the Minister receives a notice of the proposed determination.";

(e) by omitting subsection (7) and substituting the following subsection:

"(7) The Corporation may make a determination only if:

      (a) the Minister has approved it; or

      (b) the period within which the Minister may give to the

       Corporation a notice under subsection (5) has expired without the Minister having given such a notice.";

(f) by inserting after subsection (7) the following subsections:

    "(7aa) Where the Minister receives from the Corporation a copy of a report that the Prices Surveillance Authority has given to the Corporation under section 26 of the Prices Surveillance Authority Act 1983 in relation to the supply of services,              by the Corporation, to which the proposed determination relates, the Minister may, in the notice under subsection (5), disapprove the proposed determination and substitute a fresh determination.

    "(7ab) A determination so substituted by the Minister has effect as if it had been made by the Corporation in accordance with subsection (7).".

Chief Executive Officer

31. Section 58 of the Principal Act is amended:

    (a) by omitting from subsection (1) "Corporation shall" and substituting "Minister, after receiving a recommendation from the Board, is to";

(b) by omitting from subsection (2) "Corporation" and substituting "Board".

32. After section 58 of the Principal Act the following sections are inserted:

Duties of Chief Executive Officer

"58a. (1) The Chief Executive Officer is, under the Board, to manage the Corporation.

"(2) Anything done in the name of, or on behalf of, the Corporation by the Chief Executive Officer is to be taken to have been done by the Corporation.

Chief Executive Officer holds office during Board's pleasure

"58b. The Chief Executive Officer holds office during the Board's pleasure.".

33. Section 60 of the Principal Act is repealed