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This Act may be cited as the Economic Regulation Authority Act 2003 1.
Except as stated in subsection (3), this Act comes into operation on a day fixed by proclamation 1.
Different days may be fixed under subsection (1) for different provisions.
Sections 25(b) and 63(2) 3 and Schedule 4 3 come into operation on the day on which Schedule 2 Division 4 4 comes into operation 1.
In this Act, unless the contrary intention appears —
Authority means the Economic Regulation Authority established by section 4(1);
chairman means the person appointed under section 6(1)(a) and includes an alternate chairman appointed under section 10;
chief employee means the chief employee of the Authority under section 14;
functions, in relation to the Authority, means its functions under this Act or any other written law;
governing body means the governing body of the Authority referred to in section 6;
member means a member of the governing body and includes an alternate member appointed under section 11;
price means any charge, fee, rate, tariff, or other valuable consideration (however described), but does not include —
any local government rate or charge; or
any land tax, pay‑roll tax, or other duty or tax payable under a written law;
public sector employee means an employee as defined in section 3(1) of the Public Sector Management Act 1994;
regulated industry means —
the electricity industry; or
the gas industry; or
the rail industry; or
the water industry; or
any other industry prescribed for the purposes of this definition;
staff member means —
the chief employee; or
a public service officer referred to in section 19; or
an officer or employee referred to in section 20(1); or
a person engaged or appointed under section 100 of the Public Sector Management Act 1994 for the purposes of the Authority.
[Section 3 amended: No. 12 of 2008 Sch. 1 cl. 7.]
A body called the Economic Regulation Authority is established.
The Authority is a body corporate with perpetual succession.
Proceedings may be taken by or against the Authority in its corporate name.
The Authority is an agent of the State and has the status, immunities and privileges of the State.
The Authority is to have a governing body consisting of —
one member appointed as the chairman of the governing body; and
such other members, if any, as the Governor considers necessary for the proper performance of the Authority’s functions.
The governing body, in the name of the Authority, is to determine the policies of, control the affairs of, and otherwise perform the functions of, the Authority.
The members are to be appointed by the Governor on the nomination of the Minister and are to be persons who, in the opinion of the Minister, have knowledge or experience relevant to the functions of the Authority in industry, commerce, economics, law, public administration or consumer advocacy.
A person cannot be appointed or hold office as a member if the person is a public sector employee.
The chairman must be appointed on a full‑time basis.
A member other than the chairman need not be appointed on a full‑time basis.
The term for which a person is appointed to be a member must be fixed in the instrument of appointment and must be not more than 5 years.
A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
A person whose term of office expires may continue to perform the functions of the office for not more than 3 months after the term of office expires until another appointment to the office comes into effect unless the Minister, by notice in writing given to the person, otherwise directs.
A member may resign from office by notice in writing given to the Minister.
The Governor may remove a person who is a member from office on the grounds of —
mental or physical incapacity to carry out the person’s duties in a satisfactory manner; or
the person being an insolvent under administration within the meaning of that term in the Corporations Act 2001 of the Commonwealth; or
neglect of duty; or
misconduct; or
incompetence; or
the person’s absence, without leave or reasonable excuse, from 3 consecutive meetings of the governing body of which the person had notice.
If, before the term of office for which a person was appointed as a member expires, the person dies, resigns, becomes a public sector employee, or is removed from office, the office becomes vacant.
If the chairman is unable to act because of sickness, absence, disqualification under section 30(2) or other cause, or if there is no chairman, the Governor may appoint a person nominated by the Minister as the alternate chairman to act in the chairman’s place.
A person can only be nominated for the purposes of subsection (1) if, in the opinion of the Minister, the person has knowledge or experience of the kind described in section 7(1).
A person who is a public sector employee can be appointed as the alternate chairman.
The alternate chairman need not be appointed on a full‑time basis.
If the chairman is disqualified under section 30(2) in relation to a matter, the alternate chairman may perform functions of the chairman in relation to that matter even though the chairman is at the same time performing functions in relation to another matter.
While acting in accordance with the appointment the alternate chairman is to be taken to be the chairman.
An act or omission of the alternate chairman cannot be questioned on the ground that the occasion for the alternate chairman’s appointment or acting had not arisen or had ceased.
The appointment of a person as the alternate chairman may be terminated at any time by the Governor.
If a member, other than the chairman, is unable to act because of sickness, absence, disqualification under section 30(2) or other cause, the Governor may appoint a person nominated by the Minister as an alternate member to act in the member’s place.
A person can only be nominated for the purposes of subsection (1) if, in the opinion of the Minister, the person has knowledge or experience of the kind described in section 7(1).
A person who is a public sector employee can be appointed as an alternate member.
If a member is disqualified under section 30(2) in relation to a matter, an alternate member may perform functions of the member in relation to that matter even though the member is at the same time performing functions in relation to another matter.
While acting in accordance with the appointment the alternate member is to be taken to be a member.
An act or omission of an alternate member cannot be questioned on the ground that the occasion for the alternate member’s appointment or acting had not arisen or had ceased.
The appointment of a person as an alternate member may be terminated at any time by the Governor.
The remuneration and allowances and other conditions of office of a member are to be determined by the Governor on the recommendation of the Public Sector Commissioner.
Subsection (1) has effect subject to the Salaries and Allowances Act 1975 if that Act applies to the member.
The remuneration and allowances and conditions of office of a member must not be varied while the member is in office so as to become less favourable to the member.
[Section 12 amended: No. 39 of 2010 s. 89.]