TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 8

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 8

8. (1) Section 7 of the Principal Act is repealed and the following sections
are substituted:- Establishment of Commission.
''6A. (1) Upon the commencement of this section the Commission established by
the Trade Practices Act 1974 as in force immediately before the commencement
of this section ceases to exist and there is established by this section a
Commission by the name of the Trade Practices Commission.

''(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. Constitution of Commission.
''7. (1) The Commission shall consist of a Chairman 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.

''(3) A person shall not be appointed as a member of the Commission unless he
appears to the Governor-General to be qualified for appointment by virtue of
his knowledge of, or experience in, industry, commerce, economics, law or
public administration.''.

(2) Any documents that were furnished under the Principal Act to the
Commission established by that Act shall be deemed for the purposes of that
Act as amended by this Act to have been furnished to the Trade Practices
Commission established by that Act as so amended and, subject to that Act as
so amended, that last-mentioned Commission is entitled to obtain and retain
custody of those documents.

(3) Where, immediately before the commencement of this section, the Commission
established by the Principal Act was a party to or intervener in a proceeding
in a court, the Trade Practices Commission established by the Principal Act as
amended by this Act shall be deemed to be substituted for the first-mentioned
Commission as a party to or intervener in that proceeding.

(4) The power of the Trade Practices Commission established by the Principal
Act as amended by this Act to institute any proceeding in the Court extends to
the institution of a proceeding in respect of conduct engaged in before the
commencement of this Act.

(5) Section 167 of the Principal Act as amended by this Act applies in
relation to the official signature of a person who has held the office of
Chairman, Deputy Chairman or member of the Commission that was established by
the Principal Act and in relation to the official seal of that Commission in
like manner as it applies in relation to the official signature of a person
who holds the office of Chairman, Deputy Chairman or member of the Trade
Practices Commission established by the Principal Act as amended by this Act
and in relation to the official seal of that last-mentioned Commission,
respectively.

(6) The Trade Practices Commission established by the Principal Act as amended
by this Act shall, not later than 31 August 1977, furnish to the Minister, for
presentation to the Parliament, a report with respect to the operations in the
year ending on 30 June 1977 of the Trade Practices Commission established by
the Principal Act.