Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p16
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 42675–45771

"Australian Competition Tribunal";

    (d) by omitting from subsection (1) the definitions of "Chairman" and "Deputy Chairman";

    (e) by inserting in subsection (1):

    " 'Chairperson' means the Chairperson of the Commission;

    'Council' means the National Competition Council established by section 29A;

    'Councillor' means a member of the Council, including the Council President;

    'Council President' means the Council President referred to in subsection 29C(1);

    'Deputy Chairperson' means the Deputy Chairperson of the Commission;".

Extended application of Parts IV, IVA and V

37. Section 6 of the Principal Act is amended:

    (a) by omitting from subsection (2) "Part X" and substituting "Parts IIIA and X";

    (b) by omitting from subsections (3) and (4) "Part X" and substituting "Parts IIIA and X".

Heading to Part II

38. The heading to Part II of the Principal Act is omitted and the following heading is substituted:

"PART II—THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION".

Establishment of Commission

39. Section 6A of the Principal Act is amended by omitting subsection (1) and substituting:

"(1) The Australian Competition and Consumer Commission is established by this section.".

Constitution of Commission

40. Section 7 of the Principal Act is amended:

    (a) by omitting from subsection (1) "Chairman" and substituting "Chairperson";

    (b) by omitting subsection (3) and substituting:

    "(3) The Governor-General must not appoint a person as a member of the Commission or Chairperson unless the Governor-General is satisfied that:

        (a) the person qualifies for the appointment because of the person's knowledge of, or experience in, industry, commerce, economics, law, public administration or consumer protection; and

        (b) a majority of the States and Territories that are parties to the Conduct Code Agreement support the appointment.

    "(4) At least one of the members of the Commission must be a person who has knowledge of, or experience in, consumer protection.".

Terms and conditions of appointment

41. Section 8 of the Principal Act is amended:

    (a) by omitting from subsection (1) "7" and substituting "5";

    (b) by omitting subsection (2).

Associate members

42. Section 8A of the Principal Act is amended:

    (a) by inserting after subsection (1):

    "(1A) The Minister must not appoint a person as an associate member unless the Minister is satisfied that a majority of the States and Territories that are parties to the Conduct Code Agreement support the appointment.";

    (b) by omitting from subsections (4) and (6) "Chairman" (wherever occurring) and substituting "Chairperson".

Deputy Chairperson

43. Section 10 of the Principal Act is amended:

    (a) by omitting from subsection (1) "Chairman" and substituting "Chairperson";

    (b) by inserting after subsection (1):

    "(1A) The Governor-General must not appoint a person as the Deputy Chairperson unless the Governor-General is satisfied that a majority of the States and Territories that are parties to the Conduct