Competition and Consumer Act - Australia

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of its functions under those laws: see section 44AI.

      Division 4

      Administrative provisions relating to the AER

      Subdivision A

      Appointment etc. of members

      44AM Appointment of Commonwealth AER member

      (1) A Commonwealth AER member is to be appointed by the Governor-General by written instrument.

      (2) The Commonwealth AER member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

      (3) A person is not eligible for appointment as the Commonwealth AER member unless the person is a member of the Commission. If the person ceases to be a member of the Commission, then the person also ceases to be an AER member.

      (4) A person is not eligible for appointment as the Commonwealth AER member unless the person has been chosen for appointment in accordance with the Australian Energy Market Agreement.

      44AN Membership of AER and Commission

      Member taken to be full-time member of both AER and Commission

      (1) For the purposes of this Part, the Commonwealth AER member is taken to be a full-time member of the AER.

      (2) However, the Commonwealth AER member remains a full-time member of the Commission.

      Paid employment

      (3) Paragraph 13(2)(c) does not apply to a member of the Commission in respect of any paid employment of that member as an AER member.

      (4) Sections 44AX and 44AAB do not apply to an AER member in respect of the paid employment of that member as a member of the Commission.

      44AO Acting appointment of Commonwealth AER member

      (1) The Chairperson may appoint a member of the Commission to act as the Commonwealth AER member:

      (a) during a vacancy in the office of Commonwealth AER member, whether or not an appointment has previously been made to the office; or

      (b) during any period, or during all periods, when the Commonwealth AER member 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 Commonwealth AER member ceases to be a member of the Commission, then the appointment to act as the Commonwealth AER member 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.

      44AP Appointment of State/Territory AER members

      (1) A State/Territory AER member is to be appointed by the Governor-General by written instrument, on either a full-time or part-time basis.

      Note: A State/Territory AER member is also taken to be an associate member of the Commission: see section 8AB.

      (2) A State/Territory AER member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

      (3) A person is not eligible for appointment as a State/Territory AER member unless the person, being a person who has knowledge of, or experience in, industry, commerce, economics, law, consumer protection or public administration, has been nominated for appointment in accordance with the Australian Energy Market Agreement.

      44AQ Acting appointment of State/Territory AER member

      (1) The Minister may appoint a person to act as a State/Territory AER member:

      (a) during a vacancy in the office of State/Territory AER member, whether or not an appointment has previously been made to the office; or

      (b) during any period, or during all periods, when the State/Territory AER member 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) A person is not eligible for appointment to act as a State/Territory AER member unless the person, being a person who has knowledge of, or experience in, industry, commerce, economics, law, consumer protection or public administration, has been nominated for appointment in accordance with the Australian Energy Market Agreement.

      44AR AER Chair

      (1) One of the AER members is to be appointed by the Governor-General as the AER Chair, by written instrument. The appointment as AER Chair may be made at the same time as the appointment as AER member, or at a later time.

      (2) A member is not eligible for appointment as AER Chair unless the person has been nominated for appointment as the Chair in accordance with the Australian Energy Market Agreement.

      (3) The AER Chair holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

      (4) If the AER Chair ceases to be an AER member, then he or she also ceases to be the AER Chair.

      Note: A person may cease to be the AER Chair without ceasing to be an AER member.

      44AS Acting AER Chair

      (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

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