Commonwealth Numbered Acts

COMPETITION POLICY REFORM ACT 1995 No. 88 of 1995 - SECT 55

55. After section 29 of the Principal Act the following Part is inserted:

"PART IIA-THE NATIONAL COMPETITION COUNCIL Establishment of Council

"29A. The National Competition Council is established by this section.

Functions and powers of Council

"29B.(1) The Council's functions include:

   (a)  carrying out research into matters referred to the Council by the
        Minister; and

   (b)  providing advice on matters referred to the Council by the Minister.

"(2) The Council may carry out a function conferred on it by a law of a State
or Territory.

"(3) In carrying out its functions, the Council may co-operate with a
department, body or authority of the Commonwealth, of a State or of a
Territory.

Membership of Council

"29C.(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.".

Terms and conditions of office

"29D.(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.

Acting Council President

"29E.(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.

Remuneration of Councillors

"29F.(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.

Leave of absence

"29G.(1) Subject to section 87E of the Public Service Act 1922, 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.

Termination of appointment of Councillors

"29H.(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.

Resignation of Councillors

"29I. A Councillor may resign by giving the Governor-General a signed
resignation notice.

Arrangement of Council business

"29J.(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 of this Act or under the Prices Surveillance Act
1983) 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.

Disclosure of interests by Councillors

"29K.(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.

Council meetings

"29L.(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.

Staff to help Council

"29M.(1) The staff needed to help the Council are to be persons appointed or
employed under the Public Service Act 1922.

"(2) The Council President has all the powers of a Secretary under the Public
Service Act 1922 as they relate to the branch of the Australian Public Service
comprising the staff referred to in subsection (1).

Consultants

"29N.(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.

Annual report

"29O. 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.".