Competition and Consumer Act. Australia
at any one time.
11 Acting Chairperson
(1) Where there is, or is expected to be, a vacancy in the office of Chairperson, the Governor-General may appoint a person to act as Chairperson until the filling of the vacancy.
(1A) A person appointed under subsection (1) to act during a vacancy shall not continue so to act for more than 12 months.
(2) Where the Chairperson is absent from duty or from Australia:
(a) if there are 2 Deputy Chairpersons available to act as Chairperson, the Minister may appoint 1 of them to act as Chairperson during the absence of the Chairperson; or
(b) if there is only 1 Deputy Chairperson available to act as Chairperson, that Deputy Chairperson is to act as Chairperson during the absence of the Chairperson; or
(c) if there are no Deputy Chairpersons or none of the Deputy Chairpersons are available to act as Chairperson, the Minister may appoint a member of the Commission to act as Chairperson during the absence of the Chairperson, but any such appointment ceases to have effect if a person is appointed as a Deputy Chairperson or a Deputy Chairperson becomes available to act as Chairperson.
(3) A person acting as Chairperson shall act in that capacity on such terms and conditions as the Governor-General determines and has all the powers and duties, and shall perform all the functions, conferred on the Chairperson by this Act.
12 Leave of absence
(1) A member of the Commission has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may grant a member of the Commission leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
13 Termination of appointment of members of the Commission
(1) The Governor-General may terminate the appointment of a member of the Commission for misbehaviour or physical or mental incapacity.
(2) If a member of the Commission:
(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 17;
(c) without the consent of the Minister engages in any paid employment outside the duties of his or her office; or
(d) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;
the Governor-General shall terminate the appointment of that member of the Commission.
14 Termination of appointment of associate members of the Commission
(1) The Minister may terminate the appointment of an associate member of the Commission for misbehaviour or physical or mental incapacity.
(2) If an associate member of the Commission:
(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; or
(b) fails to comply with his or her obligations under section 17;
the Minister shall terminate the appointment of that associate member of the Commission.
15 Resignation
(1) A member of the Commission may resign his or her office by writing signed by him or her and delivered to the Governor-General.
(2) An associate member of the Commission may resign his or her office by writing signed by him or her and delivered to the Minister.
16 Arrangement of business
The Chairperson may give directions as to the arrangement of the business of the Commission.
17 Disclosure of interests by members
(1) Where a member of the Commission other than the Chairperson is taking part, or is to take part, in the determination of a matter before the Commission and the member has or acquires any pecuniary interest that could conflict with the proper performance of his or her functions in relation to the determination of the matter:
(a) the member shall disclose the interest to the Chairperson; and
(b) the member shall not take part, or continue to take part, in the determination of the matter if:
(i) the Chairperson gives a direction under paragraph (2)(a) in relation to the matter; or
(ii) all of the persons concerned in the matter do not consent to the member taking part in the determination of the matter.
(2) Where the Chairperson becomes aware that a member of the Commission is taking part, or is to take part, in the determination of a matter and that the member has in relation to the determination of the matter such an interest:
(a) if the Chairperson considers that the member should not take part, or should not continue to take part, in the determination of the matter — the Chairperson shall give a direction to the member accordingly; or
(b) in any other case — the Chairperson shall cause the interest of the member to be disclosed to the persons concerned in the matter.
(3) The Chairperson shall give written notice to the Minister of all pecuniary interests that the Chairperson has or acquires in any business carried on in Australia or in any body corporate carrying on any such business.
(4) In this section, member of the Commission includes an associate member of the Commission.
18 Meetings of Commission
(1) Subject to this section, the Chairperson shall convene such meetings of the Commission as he or she thinks necessary for the efficient performance of the functions of the Commission.
(2) Meetings of the Commission shall be held at such places as the Chairperson determines.
(3) The Chairperson shall preside at all meetings of the Commission at which he or she is present.
(4) In the absence of the Chairperson from a meeting of the Commission:
(a) if there are 2 Deputy Chairpersons available to preside at the meeting — the Chairperson may nominate 1 of them to preside at the meeting; or
(b) if there is only 1 Deputy Chairperson available to preside at the meeting — that Deputy Chairperson is to preside at the meeting.
(5) Subject to this Act and the regulations, the member presiding at a meeting of the Commission may give directions regarding the procedure to be followed at or in connexion with the meeting.
(6) At a meeting of the Commission:
(a) three members (including the Chairperson or a Deputy Chairperson) form a quorum;
(b) all questions shall be decided by a majority of votes of the members present and voting; and
(c) the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) If the Commission so determines, a member or members may participate in, and form part of a quorum at, a meeting of the Commission or a Division of the Commission by means of any of the following methods of communication:
(a) telephone;
(b) closed circuit television;
(c) another method of communication determined by the Commission.
(8) A determination made by the Commission under subsection (7) may be made in respect of a particular meeting or meetings of the Commission or