Competition and Consumer Act 2010

The Chairperson may, by writing signed by him or her, direct that the powers of the Commission under this Act, the Digital ID Act 2024, a gas market instrument, the cash distribution framework or the consumer data rules, in relation to a matter shall be exercised by a Division of the Commission constituted by such members (not being less than two in number) as are specified in the direction.

Without limiting subsection 33(3AB) of the Acts Interpretation Act 1901, a direction may:

specify a particular matter in relation to which the Division is to exercise the powers of the Commission; or

specify a class of matters in relation to which the Division is to exercise the powers of the Commission from time to time.

The Chairperson may vary or revoke a direction:

if the direction specifies a particular matter under paragraph (2)(a)—at any time before the Division makes a determination in relation to the matter; or

otherwise—at any time.

If a direction is varied to change the membership of the Division, the Division as constituted after the change may continue and complete the determination of any matter that the Division was dealing with before the change.

For the purposes of the determination of a matter specified in a direction given under subsection (1), the Commission shall be deemed to consist of the Division of the Commission specified in the direction.

However, a direction under subsection (1) specifying a matter, or a class of matters, in relation to which a Division is to exercise the powers of the Commission does not prevent the Commission dealing with that matter, or a matter in that class of matters, otherwise than in the Division.

At a meeting of a Division of the Commission at which neither the Chairperson nor a Deputy Chairperson is presiding, a member of the Commission nominated for the purpose by the Chairperson shall preside.

Notwithstanding section 18, at a meeting of a Division of the Commission, two members form a quorum.

A Division of the Commission may exercise powers of the Commission under this Act, the Digital ID Act 2024, a gas market instrument, the cash distribution framework or the consumer data rules, notwithstanding that another Division of the Commission is exercising powers of the Commission at the same time.

A direction given under subsection (1) is not a legislative instrument.