Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p18
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 48290–51101

Minister may give the Commission directions connected with the performance of its functions or the exercise of its powers under this Act.

"(1A) The Minister must not give directions under subsection (1) relating to:

    (a) Part IIIA, IV or VII; or

    (b) section 65J, 65K, 65M or 65N in relation to individual cases.

"(1B) The Commission must comply with a direction.".

Insertion of new Part

55. After section 29 of the Principal Act the following Part is inserted:

"PART IIA—THE NATIONAL COMPETITION COUNCIL

Establishment of Council

"29A. The National Competition Council is established by this section.

Functions and powers of Council

"29B.(1) The Council's functions include:

    (a) carrying out research into matters referred to the Council by the Minister; and

    (b) providing advice on matters referred to the Council by the Minister.

"(2) The Council may carry out a function conferred on it by a law of a State or Territory.

"(3) In carrying out its functions, the Council may co-operate with a department, body or authority of the Commonwealth, of a State or of a Territory.

Membership of Council

"29C.(1) The Council consists of the Council President and up to 4 other Councillors.

"(2) Each Councillor is to be appointed by the Governor-General, for a term of up to 5 years.

"(3) The Governor-General must not appoint a person as a Councillor or Council President 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, consumer protection or public administration; and

    (b) a majority of the States and Territories that are parties to the Competition Principles Agreement support the appointment.".

Terms and conditions of office

"29D.(1) A Councillor may be appointed to hold office on either a full-time or a part-time basis.

"(2) A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as the Governor-General determines.

Acting Council President

"29E.(1) The Minister may appoint a Councillor to act as the Council President:

    (a) if there is a vacancy in the office of Council President, whether or not an appointment has previously been made to the office; or

    (b) during any period, or during all periods, when the Council President is absent from duty or absent from Australia or is, for any reason, unable to perform the duties of the office.

"(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

    (a) the occasion for appointment had not arisen;

    (b) there was a defect or irregularity in the appointment;

    (c) the appointment had ceased to have effect;

    (d) the occasion to