Competition and Consumer Act. Australia

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СКАЧАТЬ Council.

      Note: Section 29BC sets out when such a law imposes a duty on the Council.

      State or Territory legislative power sufficient to support duty

      (2) The duty is taken not to be imposed by this Part (or any other law of the Commonwealth) to the extent to which:

      (a) imposing the duty is within the legislative powers of the State or Territory concerned; and

      (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Council.

      Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 29BA to the imposition of the duty by that law).

      Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not

      (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Part to the extent necessary to ensure that validity.

      (4) If, because of subsection (3), this Part is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Part.

      (5) The duty is taken to be imposed by this Part in accordance with subsection (3) only to the extent to which imposing the duty:

      (a) is within the legislative powers of the Commonwealth; and

      (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Council.

      (6) Subsections (1) to (5) do not limit section 29BA.

      29BC When a State/Territory energy law imposes a duty

      For the purposes of sections 29BA and 29BB, a State/Territory energy law imposes a duty on the Council if:

      (a) the law confers a function or power on the Council; and

      (b) the circumstances in which the function or power is conferred give rise to an obligation on the Council to perform the function or to exercise the power.

      29C Membership of Council

      (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.

      29D Terms and conditions of office

      (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.

      29E Acting Council President

      (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 act had not arisen or had ceased.

      29F Remuneration of Councillors

      (1) A Councillor is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of the Remuneration Tribunal is in operation, the Councillor is to be paid the remuneration that is prescribed.

      (2) A Councillor is to be paid such allowances as are prescribed.

      (3) This section has effect subject to the Remuneration Tribunal Act 1973.

      29G Leave of absence

      (1) A full-time Councillor has such recreation leave entitlements as are determined by the Remuneration Tribunal.

      (2) The Minister may grant a full-time Councillor leave of absence, other than recreation leave, on such terms and conditions as the Minister determines. The terms and conditions may include terms and conditions relating to remuneration.

      29H Termination of appointment of Councillors

      (1) The Governor-General may terminate the appointment of a Councillor for misbehaviour or for physical or mental incapacity.

      (2) The Governor-General must terminate the appointment of a Councillor who:

      (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

      (b) fails to comply with his or her obligations under section 29K;

      (c) in the case of a full-time Councillor — engages in any paid employment outside the duties of the Councillor’s office without the consent of the Minister;

      (d) in the case of a full-time Councillor — is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.

      29I Resignation of Councillors

      A Councillor may resign by giving the Governor-General a signed resignation notice.

      29J Arrangement of Council business

      (1) Subject to subsection (2), the Council President may give directions about the arrangement of the Council’s business.

      (2) The Council must not carry out any work (other than work relating to a function under Part IIIA or VIIA) except in accordance СКАЧАТЬ