Competition and Consumer Act - Australia

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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 with a program agreed to by:

      (a) a majority of the parties to the Competition Principles Agreement; or

      (b) if the parties to the Agreement are evenly divided on the question of agreeing to a program — the Commonwealth.

      29K Disclosure of interests by Councillors

      (1) If a Councillor (except the Council President) is taking part, or is to take part, in the Council’s consideration of a matter and the Councillor has or acquires any pecuniary interest that could conflict with the proper performance of his or her functions relating to the matter:

      (a) the Councillor must disclose the interest to the Council President; and

      (b) the Councillor must not take part, or continue to take part, in the consideration of the matter if:

      (i) all of the persons concerned in the matter do not consent to the Councillor taking part in the consideration of the matter; or

      (ii) the Council President gives a direction to the member under paragraph (2)(b).

      (2) If the Council President becomes aware that a Councillor is taking part, or is to take part, in the Council’s consideration of a matter and that the Councillor has such an interest relating to the matter:

      (a) the Council President must cause the Councillor’s interest to be disclosed to the persons concerned in the matter; or

      (b) if the Council President considers that the Councillor should not take part or continue to take part in the consideration of the matter — the Council President must direct the Councillor accordingly.

      (3) The Council President must give the Minister written notice of all pecuniary interests that the Council President has or acquires in any business carried on in Australia or in any body corporate carrying on such business.

      29L Council meetings

      (1) The Council President must convene the meetings that the Council President thinks are necessary to perform the Council’s functions efficiently.

      (2) The meetings must be held in places determined by the Council President.

      (3) The Council President must preside at any meeting that he or she attends.

      (4) If the Council President is absent from a meeting, a Councillor chosen by the Councillors at the meeting must preside.

      (5) The Councillor presiding at a meeting may give directions on the procedure to be followed in relation to the meeting.

      (6) The quorum for a meeting is 3 Councillors (including the Council President).

      (7) At a meeting, a question must be decided by a majority of votes of the Councillors present and voting. The Councillor presiding has a deliberative vote, and a casting vote if the deliberative votes are equally divided.

      29LA Resolutions without meetings

      (1) If all Councillors (other than those that must not sign a document because of subsection (3)) sign a document containing a statement that they are in favour of a resolution in terms set out in the document, then a resolution in those terms is taken to have been passed at a duly constituted meeting of the Council held on the day the document was signed, or, if the members sign the document on different days, on the last of those days.

      (2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more Councillors are together taken to constitute one document containing a statement in those terms signed by those Councillors on the respective days on which they signed the separate documents.

      (3) A Councillor must not sign a document containing a statement in favour of a resolution if the resolution concerns a matter in which the Councillor has any pecuniary interest, being an interest that could conflict with the proper performance of the Councillor’s functions in relation to any matter.

      29M Staff to help Council

      (1) The staff needed to help the Council are to be persons engaged under the Public Service Act 1999.

      (2) For the purposes of the Public Service Act 1999:

      (a) the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and

      (b) the Council President is the Head of that Statutory Agency.

      29N Consultants

      (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.

      29O Annual report

      (1) 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.

      (2) The report must also include details of the following:

      (a) the time taken by the Council to make a recommendation on any application under section 44F, 44M or 44NA (about access regime applications under Part IIIA);

      (b)

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