Commerce Act 1986 No 5 (as at 01 April 2009), Public Act

9 Membership of Commission
  • (1) The Commission must have no less than 4, and no more than 6, members appointed in accordance with this section, and may also have associate members appointed under section 11(1).

    (2) No less than 3, and no more than 5, of the members, of whom at least 1 must be a barrister and solicitor of at least 5 years' standing, must be appointed by the Governor-General in accordance with section 28(1)(b) of the Crown Entities Act 2004.

    (3) One of the members must be appointed by the Governor-General as Telecommunications Commissioner under section 9 of the Telecommunications Act 2001.

    (4) The Minister must not recommend a person for appointment as a member under subsection (2) unless,—

    • (a) in the opinion of the Minister, that person is qualified for appointment, having regard to the functions of the Commission, by virtue of that person's knowledge of or experience in industry, commerce, economics, law, accountancy, public administration, or consumer affairs; and

    • (b) in the case of a member who is a barrister or solicitor, the Minister has first consulted with the Attorney-General.

    (5) Subsections (2) and (4) do not limit section 29 of the Crown Entities Act 2004.

    Subsection (1) was amended, as from 20 December 2001, by section 158 Telecommunications Act 2001 (2001 No 103) by substituting the expression 4 for the expression 3. It was further amended by substituting the expression 6 for the expression 5 in the first place that it occurs.

    Subsection (1) was substituted, as from 1 April 2002, by section 6(1) Commerce Amendment Act 2001 (2001 No 32). See section 26 of that Act as to proceedings barred or commenced before 26 May 2001. See clause 2 Commerce Amendment Act 2001 Commencement Order 2002 (SR 2002/64).

    Subsections (3A) and (3B) were inserted, as from 1 April 2002, by section 6(2) Commerce Amendment Act 2001 (2001 No 32). See section 26 of that Act as to proceedings barred or commenced before 26 May 2001. See clause 2 Commerce Amendment Act 2001 Commencement Order 2002 (SR 2002/64).

    Section 9 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).