Competition and Consumer Act - Australia

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general principles of criminal responsibility.

      (2) Despite subsection (1), Part 2.5 of the Criminal Code does not apply to an offence against Part IIIA or XIC, Division 7 of Part XIB, or section 44ZZRF or 44ZZRG.

      Part II The Australian Competition and Consumer Commission

      6A Establishment of Commission

      (1) The Australian Competition and Consumer Commission is established by this section.

      (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.

      (3) Any real or personal property held by the Commission is held for and on behalf of the Commonwealth.

      (4) Any money received by the Commission is received for and on behalf of the Commonwealth.

      (5) To avoid doubt, a right to sue is taken not to be personal property for the purposes of subsection (3).

      7 Constitution of Commission

      (1) The Commission shall consist of a Chairperson 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.

      Note: A member of the Commission who is also appointed as an AER member remains a full-time member of the Commission: see section 44AN.

      (3) Before the Governor-General appoints a person as a member of the Commission or as Chairperson, the Minister must:

      (a) be satisfied that the person qualifies for the appointment because of the person’s knowledge of, or experience in, industry, commerce, economics, law, public administration or consumer protection; and

      (b) consider whether the person has knowledge of, or experience in, small business matters; and

      (c) if there is at least one fully-participating jurisdiction — be satisfied that a majority of such jurisdictions support the appointment.

      (4) At least one of the members of the Commission must be a person who has knowledge of, or experience in, consumer protection.

      8 Terms and conditions of appointment

      (1) Subject to this Part, a member of the Commission holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.

      8A Associate members

      (1) The Minister may appoint persons to be associate members of the Commission.

      (1A) If there is at least one fully-participating jurisdiction, the Minister must not appoint a person as an associate member unless the Minister is satisfied that a majority of such jurisdictions support the appointment.

      (2) An associate member of the Commission shall be appointed for such period not exceeding 5 years as is specified in the instrument of his or her appointment, but is eligible for re-appointment.

      (3) Subject to this Part, an associate member of the Commission holds office on such terms and conditions as the Minister determines.

      (4) The Chairperson may, by writing signed by him or her, direct that, for the purposes of the exercise of the powers of the Commission under this Act in relation to a specified matter, not being an exercise of those powers by a Division of the Commission, a specified associate member of the Commission or specified associate members of the Commission shall be deemed to be a member or members of the Commission and, in that case, unless the contrary intention appears, a reference in this Act to a member of the Commission shall, for the purposes only of the exercise of the powers of the Commission in relation to that matter, be construed as including a reference to that associate member of the Commission or each of those associate members of the Commission, as the case may be.

      (5) Associate members of the Commission shall be deemed to be members of the Commission for the purposes of section 19.

      (6) For the purpose of the determination by the Commission of an application for an authorization or a clearance, or the making by the Commission of any decision for the purposes of subsection 93(3) or (3A) or 93AC(1) or (2), the Chairperson shall consider:

      (a) whether he or she should give a direction under subsection (4) of this section; or

      (b) in the case of a matter in relation to which the Chairperson proposes to give a direction under subsection 19(1), whether he or she should direct that the Division concerned is to include an associate member of the Commission or associate members of the Commission.

      (7) Nothing in subsection (4) or (5) deems an associate member of the Commission to be a member of the Commission for any purpose related to the preparation of a report by the Commission under section 171.

      8AB State/Territory AER members taken to be associate members

      (1) A State/Territory AER member is taken to be an associate member of the Commission during the period for which he or she is an AER member.

      Note: A State/Territory AER member who is taken to be an associate member of the Commission can still be appointed as an associate member under section 8A.

      (2) However, a State/Territory AER member who is taken to be an associate member under subsection (1), is not taken to be an associate member for the purposes of sections 8A, 9, 14, 15 and 17.

      (3) As an associate member, the State/Territory AER member holds office on such terms and conditions as are specified in the instrument of his or her appointment under section 44AP.

      9 Remuneration

      (1) A member of the Commission shall be paid such remuneration as is determined by the Remuneration Tribunal, but, until that remuneration is so determined, he or she shall be paid such remuneration as is prescribed.

      (2) Subject to the Remuneration Tribunal Act 1973, a member of the Commission shall be paid such allowances as are prescribed.

      (3) In this section, member of the Commission includes an associate member of the Commission.

      10 Deputy Chairpersons

      (1) The Governor-General may appoint a person who is, or is to be, a member of the Commission to be a Deputy Chairperson of the Commission.

      (1A) If there is at least one fully-participating jurisdiction, the Governor-General must not appoint a person as a Deputy Chairperson unless the Governor-General is satisfied that a majority of such jurisdictions support the appointment.

      (1B) Before the Governor-General appoints a person as a Deputy Chairperson, the Minister must be satisfied that, immediately after the appointment, there will be at least one Deputy Chairperson who has knowledge of, or experience in, small business matters.

      (2) A person appointed under this section holds office as Deputy Chairperson until the expiration of his or her period of appointment as a member of the Commission or until he or she sooner ceases to be a member of the Commission.

      (3) Where a member of the Commission appointed as Deputy Chairperson is, upon ceasing to be a Deputy Chairperson by virtue of the expiration of the period of his or her appointment as a member, re-appointed as a member, he or she is eligible for re-appointment as Deputy Chairperson.

      (4) A Deputy Chairperson may resign his or her office of Deputy Chairperson by writing signed by him or her and delivered to the Governor-General.

      (5) Not more than 2 persons may hold office as Deputy

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