Competition and Consumer Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Competition and Consumer Act - Australia страница 20
Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(1) The Minister may appoint an AER member to act as the AER Chair:
(a) during a vacancy in the office of the AER Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the AER Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: See also section 33A of the Acts Interpretation Act 1901, which contains extra rules about acting appointments.
(2) If a person acting as the AER Chair ceases to be an AER member, then the appointment to act as the AER Chair also ceases.
(3) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
44AT Remuneration of AER members
(1) An AER member (other than the Commonwealth AER member) is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) An AER member (other than the Commonwealth AER member) is to be paid the allowances that are prescribed.
(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
(4) The Commonwealth AER member is not entitled to be paid remuneration or allowances.
Note: The Commonwealth AER member is paid as a member of the Commission.
44AU Additional remuneration of AER Chair
(1) The AER Chair (whether or not the Commonwealth AER member) is to be paid additional remuneration (if any) determined by the Remuneration Tribunal.
(2) The AER Chair (whether or not the Commonwealth AER member) is to be paid additional allowances (if any) that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 other than subsection 7(11) of that Act.
44AV Leave of absence
(1) A full-time AER member has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant a full-time AER member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The AER Chair may grant leave of absence to any part-time AER member on the terms and conditions that the AER Chair determines.
44AW Other terms and conditions
An AER member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
44AX Outside employment
(1) A full-time AER member must not engage in paid employment outside the duties of the member’s office without the Minister’s consent.
(2) A part-time AER member must not engage in any paid employment that conflicts or could conflict with the proper performance of the member’s duties.
44AY Disclosure of interests
(1) If an AER member has any direct or indirect interest in a matter being considered, or about to be considered, by the AER, being an interest that could conflict with the proper performance of the member’s functions in relation to a matter arising at a meeting of the AER, then the member must as soon as practicable disclose that interest at a meeting of the AER.
(2) The disclosure, and any decision made by the AER in relation to the disclosure, must be recorded in the minutes of the meeting.
44AZ Resignation
(1) An AER member may resign his or her appointment by giving the Governor-General a written resignation.
(2) The AER Chair may resign his or her appointment as AER Chair by giving the Governor-General a written resignation. The resignation does not affect the person’s appointment as an AER member.
44AAB Termination of appointment
All AER members
(1) The Governor-General may terminate the appointment of an AER member:
(a) for misbehaviour or physical or mental incapacity; or
(b) if the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(c) if the member fails, without reasonable excuse, to comply with section 44AY.
Additional grounds: full-time AER members
(2) The Governor-General may terminate the appointment of a full-time AER member if:
(a) the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(b) the member engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.
Additional grounds: part-time AER members
(3) The Governor-General may terminate the appointment of a part-time AER member if:
(a) the member is absent, except on leave of absence, from 3 consecutive meetings of the AER; or
(b) the member engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.
Subdivision B
Staff etc. to assist the AER
44AAC Staff etc. to assist the AER
The Chairperson must make available:
(a) persons engaged under section 27; and
(b) СКАЧАТЬ