Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p21
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
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are to be persons appointed or employed under the Public Service Act 1922.

"(2) The Council President has all the powers of a Secretary under the Public Service Act 1922 as they relate to the branch of the Australian Public Service comprising the staff referred to in subsection (1).

Consultants

"29N.(1) On behalf of the Commonwealth, the Council may engage persons to give advice to, and perform services for, the Council.

"(2) The terms and conditions of engagement are as determined by the Council.

Annual report

"290. Within 60 days after the end of each financial year, the Councillors must give a report on the Council's operations during that year to the Minister for presentation to the Parliament.".

Heading to Part III

56. The heading to Part III of the Principal Act is omitted and the following heading substituted:

"PART III—THE AUSTRALIAN COMPETITION TRIBUNAL".

Constitution of Tribunal

57. Section 30 of the Principal Act is amended:

    (a) by omitting subsection (1) and substituting:

    "(1) The Trade Practices Tribunal that existed immediately before this subsection commenced continues to exist as the Australian Competition Tribunal.";

    (b) by omitting from subsection (2) "Trade Practices".

Staff of Tribunal

58. Section 44 of the Principal Act is amended by omitting from subsection (3) "1922-1973" and substituting "1922".

Insertion of new Part

59. After Part III of the Principal Act the following Part is inserted:

"PART IIIA—ACCESS TO SERVICES

"Division 1—Preliminary

Definitions

"44B. In this Part, unless the contrary intention appears:

'access undertaking' means an undertaking under section 44ZZA;

'Commonwealth Minister' means the Minister;

'constitutional trade or commerce' means any of the following:

    (a) trade or commerce among the States;

    (b) trade or commerce between Australia and places outside Australia;

    (c) trade or commerce between a State and a Territory, or between 2 Territories;

'declaration' means a declaration made by the designated Minister under Division 2;

'declaration recommendation' means a recommendation made by the Council under section 44F;

'declared service' means a service for which a declaration is in operation;

'designated Minister' has the meaning given by section 44D;

'determination' means a determination made by the Commission under Division 3;

'director' has the same meaning as in the Corporations Law;

'entity' means a person, partnership or joint venture;

'modifications' includes additions, omissions and substitutions;

'officer' has the same meaning as in the Corporations Law;

'party' means:

    (a) in relation to an arbitration of an access dispute—a party to the arbitration, as mentioned in section 44U;

    (b) in relation to a determination—a party to the arbitration in which the Commission made the determination;

'provider', in relation to a service, means the entity that is the owner or operator of the facility that is used (or is to