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

11 Associate members
  • (1) The Minister may from time to time appoint any person to be an associate member of the Commission.

    (1A) Subsection (1) applies despite section 28(1)(b) of the Crown Entities Act 2004.

    (2) An associate member shall be appointed only in relation to a matter or a class of matters to be specified in that member's notice of appointment, and for such period, not exceeding 5 years, as is specified in that instrument.

    (3) Subject to subsection (4) of this section, an associate member shall be deemed to be a member of the Commission for the purposes of the performance or exercise of any function, duty, or power of a member of the Commission under this Act or any other Act, except where this section or the context otherwise requires, a reference in this Act or in any other Act to a member of the Commission must be construed as including a reference to an associate member.

    (4) An associate member may attend and vote only at a meeting of the Commission relating to the matter or class of matters specified in that member's notice of appointment (including a meeting relating to matters incidental to the matter or class of matters so specified).

    (5) An associate member may only be appointed in relation to a matter or class of matters arising under an Act under which the Commission is required to act independently under section 8(2).

    (6) An associate member may not be appointed as chairperson, deputy chairperson, or a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

    Compare: 1975 No 113 s 3B; 1979 No 140 s 5; 1983 No 144 s 3

    Subsection (1A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Subsection (2) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words notice of appointment for the words instrument of appointment.

    Subsection (2) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the expression 5 years for the expression 3 years.

    Subsection (3) was amended, as from 15 April 2004, by section 3(1)(a) Commerce Amendment Act 2004 (2004 No 23) by inserting the words or any other Act after the words under this Act. See section 3(2) of that Act as to appointments made before 15 April 2004.

    Subsection (3) was amended, as from 15 April 2004, by section 3(1)(b) Commerce Amendment Act 2004 (2004 No 23) by substituting the words or in any other Act to a member of the Commission must for the words to a member shall. See section 3(2) of that Act as to appointments made before 15 April 2004.

    Subsection (4) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words notice of appointment for the words instrument of appointment.

    Subsections (5) and (6) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).