Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p50
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 130469–133375

authority of a State or Territory;

'licence' means a licence that allows the licensee to supply goods or services;

'primary products' means:

    (a) agricultural or horticultural produce; or

    (b) crops, whether on or attached to the land or not; or

    (c) animals (whether dead or alive); or

    (d) the bodily produce (including natural increase) of animals.

"(4) For the purposes of this section, an authority of the Commonwealth or an authority of a State or Territory is 'non-commercial' if:

    (a) it is constituted by only one person; and

    (b) it is neither a trading corporation nor a financial corporation.

Exemption of certain activities of local government bodies from Part IV

"2D.(1) Part IV does not apply to:

    (a) the refusal to grant, or the granting, suspension or variation of, licences (whether or not they are subject to conditions) by a local government body; or

    (b) a transaction involving only persons who are acting for the same local government body.

"(2) In this section:

'licence' means a licence that allows the licensee to supply goods or services;

'local government body' means a body established by or under a law of a State or Territory for the purposes of local government, other than a body established solely or primarily for the purposes of providing a particular service, such as the supply of electricity or water.".

Interpretation

82. Section 4 of the Principal Act is amended by inserting in subsection (1):

" 'fully-participating jurisdiction' means a State or Territory that:

    (a) is a participating jurisdiction as defined in section 150A; and

    (b) is not named in a notice in operation under section 150K;".

Constitution of Commission

83. Section 7 of the Principal Act is amended by omitting paragraph (3)(b) and substituting:

     "(b) if there is at least one fully-participating jurisdiction—a majority of such jurisdictions support the appointment.".

Associate members

84. Section 8A of the Principal Act is amended by omitting subsection (1A) and substituting:

"(1A) If there is at least one fully-participating jurisdiction, the Minister must not appoint a person as an associate member unless the Minister is satisfied that a majority of such jurisdictions support the appointment.".

Deputy Chairperson

85. Section 10 of the Principal Act is amended by omitting subsection (1A) and substituting:

"(1A) If there is at least one fully-participating jurisdiction, the Governor-General must not appoint a person as the Deputy Chairperson unless the Governor-General is satisfied that a majority of such jurisdictions support the appointment.".

Exceptions

86. Section 51 of the Principal Act is amended by omitting paragraph (1C)(e) and substituting:

     "(e) paragraphs (1)(b) to (d) have no effect in relation to things authorised by a law of a State or Territory unless:

        (i) at the time of the