Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p11
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 24790–27522

sub-section (2), before the word and figures "section 60", the words, figures and letter "subsection 53a(2) and"; and
     (d) by omitting paragraph (h) of sub-section (2) and substituting the following paragraph: —
       "(h) subject to paragraphs (d), (e), (f) and (g), a reference in this Act to a corporation, except a reference in section 4, 48, 50 or 81 or sub-section 88(9), included a reference to a person not being a corporation.".
8. (1) Section 7 of the Principal Act is repealed and the following sections are substituted:—

Establishment of Commission.
"6a. (1) Upon the commencement of this section the Commission established by the Trade Practices Act 1974 as in force immediately before the commencement of this section ceases to exist and there is established by this section a Commission by the name of the Trade Practices Commission.
"(2) The Commission—
     (a) is a body corporate, with perpetual succession;
     (b) shall have an official seal;
     (c) may acquire, hold and dispose of real and personal property; and
     (d) may sue or be sued in its corporate name.

Constitution of Commission.
"7. (1) The Commission shall consist of a Chairman and such number of other members as are from time to time appointed in accordance with this Act.
"(2) The members of the Commission shall be appointed by the Governor-General and shall be so appointed as full-time members.
"(3) A person shall not be appointed as a member of the Commission unless he appears to the Governor-General to be qualified for appointment by virtue of his knowledge of, or experience in, industry, commerce, economics, law or public administration.".
(2) Any documents that were furnished under the Principal Act to the Commission established by that Act shall be deemed for the purposes of that Act as amended by this Act to have been furnished to the Trade Practices Commission established by that Act as so amended and, subject to that Act as so amended, that last-mentioned Commission is entitled to obtain and retain custody of those documents.
(3) Where, immediately before the commencement of this section, the Commission established by the Principal Act was a party to or intervener in a proceeding in a court, the Trade Practices Commission established by the Principal Act as amended by this Act shall be deemed to be substituted for the first-mentioned Commission as a party to or intervener in that proceeding.
(4) The power of the Trade Practices Commission established by the Principal Act as amended by this Act to institute any proceeding in the Court extends to the institution of a proceeding in respect of conduct engaged in before the commencement of this Act.
(5) Section 167 of the Principal Act as amended by