This Bill amends the Commerce Act 1986 (the Act), the Telecommunications Act 2001, and the Grocery Industry Competition Act 2023, consistent with the requirements of Standing Order 267(1)(a). The single broad policy is to enhance the Commerce Commission’s (the Commission’s) governance, decision-making, and mandate to enable it to more efficiently and effectively carry out its functions and achieve its objectives.

The Bill gives effect to the Government’s response to the independent review of the Commission’s governance and effectiveness, led by Dame Paula Rebstock (the Review). While the Commission is a strong and trusted organisation, the Review found aspects of its governance and decision-making arrangements are weak.

The Review found that Commissioners are primarily involved in decision-making in relation to the Commission’s statutorily independent functions, often in siloed divisions, and at the expense of wider organisational governance and strategy. Currently, there is no strong “outside-in” perspective at the board to lift the Commission’s focus and oversee its engagement, impact, and performance. In addition, the Commission has low levels of delegation to staff and no flexible means for outside experts to participate in decision-making. This has consequences for the timeliness, efficiency, and quality of Commission decision-making.

The Review recommended that structural changes are required to the Commission’s governance to strengthen the board’s role as the governing body of the Commission and to drive organisational change. While the Commission has taken steps to respond to the findings of the Review, the Government considers that legislative change is required to achieve the full benefits of these reforms. The Bill does this by maintaining the Commission as an independent Crown entity responsible for promoting competition, while—

specifying the Commission’s objectives and its functions under the Acts for which it is responsible; and
establishing a new board as the governing body of the Commission, consistent with the Crown Entities Act 2004; and
requiring the board to delegate the Commission’s statutorily independent functions to regulatory committees, whose members must include at least 2 commissioners drawn from a new panel (being a pool of people with expertise and experience relevant to the Commission’s regulatory decision-making); and
specifying requirements for the operation of regulatory committees to promote timely, efficient, and quality decision-making; and
phasing out the positions of Telecommunications Commissioner and Grocery Commissioner, and providing for other transitional arrangements.

Departmental disclosure statement

The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=250

Regulatory impact statement

The policies given effect in this Bill are exempt from the requirement to prepare a regulatory impact statement on the grounds that they have no or only minor economic, social, or environmental impacts.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides for commencement.

Part 1Amendments to Commerce Act 1986

Clause 3 provides that this Part amends the Commerce Act 1986 (the Act).

Clause 4 amends the definitions section of the Act to reflect the new structure of the Commerce Commission (the Commission).

Clause 5 replaces Part 1 of the Act to set up the Commission’s new governing arrangements and structure.

New sections 8 and 9 re-enact existing provisions in the Act with no substantive changes. These sections provide that the Commission is continued and remains an independent Crown entity.

New sections 10 and 11 set out the Commission’s objectives and functions. Under the Crown Entities Act 2004, the Commission must act consistently with its objectives when performing its functions.

New sections 12 and 13 provide for the membership of the board of the Commission (the board), including the chairperson and the deputy chairperson.

The Bill removes the mechanism for the chairperson to direct the board to act by separate divisions. It also removes the roles of associate member of the Commission, Telecommunications Commissioner, and Grocery Commissioner. These arrangements are replaced by regulatory committees acting under delegation of the board and made up of commissioners and other persons that the board thinks fit.

New section 14 requires the board to delegate its statutorily independent functions, duties, and powers to regulatory committees established in accordance with the Crown Entities Act 2004. Sections 73 to 76 of the Crown Entities Act 2004 apply to the delegation.

New section 15 provides for the membership of the regulatory committees. At least 2 commissioners must sit on any regulatory committee, including a specialist commissioner if relevant.

New sections 16 to 18 provide for the operation of regulatory committees and their relationship with the board. Broadly,—

the committees must act consistently with a charter and any policies and procedures made by the board; and
the board may not direct a committee to reach a particular result in respect of a particular person; but
if the board has concerns about a matter that is before a committee, the board may remove the matter from the purview of that committee and place it with a regulatory committee made up only of commissioners (known as a senior regulatory committee). As a regulatory committee, the senior committee would also be required to act consistently with the charter and applicable policies and procedures.

New sections 19 to 25 provide for the appointment of commissioners and related matters. Commissioners collectively are referred to as the panel, although they do not exercise any statutory decision-making powers through the panel. A chief commissioner and deputy chief commissioner must be appointed by the Governor-General and must also sit on the board. Other commissioners are appointed by the Minister. Commissioners may also be appointed as specialists in respect of a particular area and as cross-appointed commissioners if they also hold office in a similar entity (such as the Australian Competition and Consumer Commission). The specialist commissioner role replaces the roles of the Telecommunications and Grocery Commissioners.

New section 26 re-enacts an existing provision in the Act with no substantive changes.

Clauses 6 to 12 make consequential changes to reflect the new arrangements, and clause 13 provides for transitional arrangements for current members of the Commission.

Part 2Amendments to other legislation

Clause 14 makes temporary amendments to the Grocery Industry Competition Act 2023 and the Telecommunications Act 2001. These amendments come into force on the day after Royal assent (see clause 2(2)) and will be repealed when the new Commission structure comes into force. The amendments remove the provisions for the Grocery Commissioner and Telecommunications Commissioner to perform and exercise some of the Commission’s functions, duties, and powers under those Acts alone. They instead provide for a board committee that includes the Grocery or Telecommunications Commissioner, as applicable, to perform and exercise those functions, duties, and powers. The amendments would also remove the Grocery Commissioner’s casting vote and the requirement for the Grocery Commissioner and Telecommunications Commissioner to consent before certain functions, duties, and powers can be delegated. Instead, the usual Crown Entities Act 2004 requirement for board approval to delegate applies.

Clause 15 makes minor and consequential amendments. These come into force in tandem with the new Commission structure. The amendments include repealing the provisions relating to the Grocery Commissioner and the Telecommunications Commissioner in the Grocery Industry Competition Act 2023 and the Telecommunications Act 2001. The amendments also repeal the temporary arrangements provided for under clause 14, as the performance and exercise of the Commission’s functions, duties, and powers under those Acts would instead be managed through the new regulatory committee structure.

Hon Scott Simpson

Commerce (Commerce Commission Reform) Amendment Bill

Government Bill

250—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Amendments to Commerce Act 1986
3	Principal Act
4	Section 2 amended (Interpretation)
5	Part 1 replaced
		Part 1 Commerce Commission
		Continuation of Commission
	8	Continuation of Commission
	9	Application of Crown Entities Act 2004
		Commission’s main objectives and functions
	10	Commission’s main objectives
	11	Commission’s functions
		Membership of board of Commission
	12	Membership of board
	13	Chairperson and deputy chairperson
		Delegation to regulatory committees
	14	Board must delegate to regulatory committees
	15	Membership of regulatory committees
	16	Charter and other requirements for operation of regulatory committees
	17	Independence of regulatory committees
	18	Board may call in matter before regulatory committee
		Commissioners
	19	Panel of commissioners
	20	Appointment of commissioners
	21	Appointment of chief commissioner and deputy chief commissioner
	22	Specialist commissioners
	23	Cross-appointed commissioners
	24	Termination of appointment of commissioners
	25	Application of Crown Entities Act 2004 to commissioners
		Commission must have regard to economic policies of Government
	26	Commission must have regard to economic policies of Government
6	Section 64 amended (Procedure at conference)
7	Section 99 amended (Powers of Commission to take evidence)
8	Section 101 amended (Notices)
9	Section 104 amended (Determinations of Commission)
10	Section 105 repealed (Restriction on delegation)
11	Section 106 amended (Proceedings privileged)
12	Section 106A amended (Judicial notice)
13	Schedule 1AA amended
	Part 2 Amendments to other legislation
14	Amendments to other legislation that come into force before main commencement date
15	Amendments to other legislation that come into force on main commencement date
	Schedule 1 New Part 8 inserted into Schedule 1AA of Commerce Act 1986
	Schedule 2 Amendments to other legislation that come into force before main commencement date
	Schedule 3 Amendments to other legislation that come into force on main commencement date

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Commerce (Commerce Commission Reform) Amendment Act 2026.

2 Commencement

(1)

This Act comes into force on 1 July 2027 (the main commencement date).

(2)

However, section 14 comes into force the day after Royal assent.

Part 1 Amendments to Commerce Act 1986

3 Principal Act

This Part amends the Commerce Act 1986.

4 Section 2 amended (Interpretation)

(1)

In section 2(1), insert in their appropriate alphabetical order:

board means the board of the Commission

chief commissioner means the chief commissioner appointed under section 21

commissioner means a commissioner appointed under section 20 or 21

cross-appointed commissioner means a commissioner appointed as a cross-appointed commissioner under section 23

deputy chief commissioner means the deputy chief commissioner appointed under section 21

panel means the panel of commissioners

regulatory committee means a regulatory committee appointed for the purposes of section 14

senior regulatory committee means a senior regulatory committee appointed for the purposes of section 18

specialist commissioner means a commissioner appointed as a specialist commissioner under section 22

(2)

In section 2(1), repeal the definition of associate member.

(3)

In section 2(1), replace the definition of chairperson with:

chairperson means the chairperson of the board appointed under section 13

(4)

In section 2(1), replace the definition of Commission with:

Commission means the Commerce Commission

(5)

In section 2(1), replace the definition of deputy chairperson with:

deputy chairperson means the deputy chairperson of the board appointed under section 13

(6)

In section 2(1), replace the definition of member of the Commission with:

member means a member of the board

5 Part 1 replaced

Replace Part 1 with:

Part 1 Commerce Commission

Continuation of Commission

8 Continuation of Commission

(1)

The Commerce Commission is continued.

(2)

Except as expressly provided otherwise in this or any other Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

(a)

this Act; and

(b)

any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004).

9 Application of Crown Entities Act 2004

(1)

The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(2)

The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

Commission’s main objectives and functions

10 Commission’s main objectives

(1)

The Commission’s main objectives are to promote—

(a)

competition in markets for the long-term benefit of consumers in New Zealand:

(b)

in the case of markets where there is little or no competition, outcomes consistent with outcomes produced in competitive markets for the long-term benefit of consumers in New Zealand:

(c)

the confident and informed participation of consumers and businesses in markets.

(2)

When the Commission is performing or exercising a function, duty, or power that is conferred or imposed by other legislation, the Commission also has the objective of acting in a way that furthers the objectives or purposes of that other legislation.

11 Commission’s functions

(1)

The Commission’s functions are as follows:

(a)

to monitor developments in trade practices, anti-competitive behaviour, regulated industries, and consumer protection (including product safety):

(b)

to carry out, and make publicly available, reviews, studies, and inquiries in relation to competition, markets, and consumer interests, including for the purpose of—

(i)

analysing the state of competition and its own impact:

(ii)

making recommendations to the Minister to promote competition in markets, including recommendations for regulation:

(iii)

making recommendations to the Minister under Part 4 of this Act or other Acts for the regulation of goods and services to promote outcomes consistent with outcomes produced in competitive markets:

(c)

to perform and exercise the functions, duties, and powers conferred or imposed on it by or under commerce legislation and any other legislation:

(d)

to issue warnings, reports, or guidelines, or make comment, about any matter relating to competition and consumer interests (whether generally or in relation to 1 or more particular persons):

(e)

to monitor compliance with, investigate conduct that constitutes or may constitute a contravention of, and enforce commerce legislation:

(f)

to make available or co-operate in making available information and guidance with respect to—

(i)

the carrying out of the functions and duties and the exercise of the powers of the Commission under commerce legislation; and

(ii)

the purposes and provisions of commerce legislation:

(g)

to co-operate with other law enforcement and regulatory agencies and overseas regulators:

(h)

to keep under review the operation of commerce legislation.

(2)

In this section, commerce legislation means—

(a)

this Act:

(b)

the Dairy Industry Restructuring Act 2001, to the extent that the Commission has functions, duties, and powers under it:

(c)

the Grocery Industry Competition Act 2023:

(d)

the Fair Trading Act 1986:

(e)

the Fuel Industry Act 2020:

(f)

the Local Government (Water Services Preliminary Arrangements) Act 2024, to the extent that the Commission has functions, duties, and powers under it:

(g)

the Retail Payment System Act 2022:

(h)

the Telecommunications Act 2001:

(i)

the secondary legislation made under any Act referred to in paragraphs (a) to (h).

Membership of board of Commission

12 Membership of board

(1)

The board must consist of no fewer than 4, and no more than 7, members.

(2)

No more than 2 of those members may also be appointed as commissioners (see section 21, which provides for the appointment of 2 members as the chief commissioner and deputy chief commissioner).

13 Chairperson and deputy chairperson

(1)

The Governor-General, on the recommendation of the Minister, must—

(a)

appoint one of the members as the chairperson of the board; and

(b)

appoint another one of the members as the deputy chairperson of the board.

(2)

The chairperson and deputy chairperson may only be removed from office as chairperson or deputy chairperson for just cause (within the meaning of section 40 of the Crown Entities Act 2004).

(3)

In other respects, clauses 1(2) and (3) and 4(2) and (3) of Schedule 5 of the Crown Entities Act 2004 apply to the appointment and removal of the chairperson and deputy chairperson of the board.

Delegation to regulatory committees

14 Board must delegate to regulatory committees

(1)

The board must appoint 1 or more regulatory committees under clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004 to perform and exercise the Commission’s functions, duties, and powers as delegated under this section.

(2)

The board must delegate to those committees the performance and exercise of the Commission’s functions, duties, and powers under—

(a)

this Act (other than those explicitly given to the board under this section and sections 15, 16, 18, and 20); and

(b)

any other Act that expressly provides for the functions, duties, or powers of the Commission (other than the Crown Entities Act 2004).

15 Membership of regulatory committees

(1)

For each regulatory committee that the board appoints for the purposes of section 14, the board—

(a)

must appoint at least 2 commissioners as committee members; and

(b)

must appoint one of those commissioners as the chair of the committee; and

(c)

must appoint the relevant specialist commissioner if the committee will consider matters within that specialist commissioner’s speciality area; and

(d)

may appoint any other persons as committee members that the board thinks fit.

(2)

Despite clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004, the regulatory committee does not need to include a member of the board.

(3)

See sections 20 to 23 for the appointment of persons as commissioners.

16 Charter and other requirements for operation of regulatory committees

(1)

The board must make, and make publicly available, a charter for the operation of regulatory committees that sets out—

(a)

the roles of the committee chair and the committee members:

(b)

meeting procedures, including quorum:

(c)

voting rights, which must provide for commissioners to hold a majority of the voting rights:

(d)

requirements relating to reporting to the board and keeping minutes of meetings:

(e)

procedures for when the board calls in a matter that is before a committee under section 18:

(f)

any other matters that the board thinks fit to include.

(2)

The board may, in addition to the charter, specify policies and procedures that apply to 1 or more regulatory committees (for example, a delegation policy).

(3)

A regulatory committee must comply with the charter and any policies and procedures that apply to it.

(4)

The charter and any policies and procedures specified by the board must not be inconsistent with anything in this Act.

17 Independence of regulatory committees

The board may not direct a regulatory committee to require the performance or non-performance of a particular act, or the bringing about of a particular result, in respect of a particular person or persons.

18 Board may call in matter before regulatory committee

(1)

The board may call in any matter that is before a regulatory committee if the chairperson or the chief commissioner recommends that it is necessary or desirable to do so to ensure—

(a)

consistency in decision-making across the Commission; or

(b)

compliance with the relevant Act, the charter made under section 16, or any applicable policies or procedures.

(2)

If the board calls in a matter that is before a committee,—

(a)

that committee is no longer the relevant decision maker in respect of that matter; and

(b)

the board must appoint a senior regulatory committee under clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004 to decide the matter and delegate to it the necessary functions and powers to enable it to do so.

(3)

A senior regulatory committee must include at least 3 commissioners nominated by the chief commissioner.

(4)

The chief commissioner must nominate the relevant specialist commissioner if the committee will consider matters within that specialist commissioner’s speciality area.

(5)

Despite clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004, only commissioners may be appointed to a senior regulatory committee.

(6)

Subsections (1) and (2) do not limit section 75(a) of the Crown Entities Act 2004.

Commissioners

19 Panel of commissioners

(1)

The purpose of the panel is to provide a pool of commissioners who are available for appointment to regulatory committees.

(2)

The panel must consist of no more than 12 commissioners, which number—

(a)

includes the chief commissioner and the deputy chief commissioner; but

(b)

excludes any commissioner who is a cross-appointed commissioner (see section 23).

20 Appointment of commissioners

(1)

The Minister must appoint commissioners, except for the chief commissioner and deputy chief commissioner who are appointed in accordance with section 21.

(2)

The Minister must not appoint a person as a commissioner 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, finance, infrastructure, public administration, or consumer affairs; and

(b)

the Minister has had regard to any nominations for appointments that may have been provided by the board.

(3)

Sections 28(2) to (4) and 29 to 31 of the Crown Entities Act 2004 apply to the appointment of commissioners under subsection (1), with all necessary modifications, as if the appointment were as a member.

21 Appointment of chief commissioner and deputy chief commissioner

(1)

The Governor-General, on the recommendation of the Minister, must appoint—

(a)

a chief commissioner; and

(b)

a deputy chief commissioner.

(2)

The responsible Minister may recommend that a person be appointed as the chief commissioner or deputy chief commissioner only if—

(a)

the person is or will be a member; and

(b)

the requirements in section 20(2)(a) and (b) are met.

(3)

The chairperson of the board is not eligible for appointment as chief commissioner or deputy chief commissioner.

(4)

Sections 28(2) to (4), 29, and 31(1)(a) of the Crown Entities Act 2004 apply to the appointment of the chief commissioner or deputy chief commissioner, with all necessary modifications, as if the appointment were as a member.

(5)

The deputy chief commissioner has and may exercise all of the functions and powers of the chief commissioner in relation to a matter if—

(a)

the chief commissioner is unavailable; or

(b)

the chief commissioner is interested in the matter.

22 Specialist commissioners

(1)

The Minister may, when appointing a person as a commissioner under section 20, specify that the appointment is as a specialist commissioner and specify their specialist area.

(2)

The Minister may only specify that the appointment is as a specialist commissioner for a specified area if, in the Minister’s opinion, the person has the appropriate knowledge, skills, and experience to assist the Commission in relation to that specialist area.

(3)

The Minister may appoint no more than 4 specialist commissioners.

23 Cross-appointed commissioners

(1)

The Minister may, when appointing a person as a commissioner under section 20, specify that the appointment is as a cross-appointed commissioner.

(2)

The Minister may only specify that the appointment is as a cross-appointed commissioner if—

(a)

the person holds an office at a statutory entity, or at an overseas regulator, that has 1 or more similar functions or duties to those of the Commission; and

(b)

the Minister is satisfied that they will continue to hold that office while they are a commissioner.

(3)

The Minister may appoint no more than 4 cross-appointed commissioners in relation to any matter or class of matters.

(4)

In this section, statutory entity means—

(a)

an entity named in Schedule 1 of the Crown Entities Act 2004; or

(b)

the Reserve Bank of New Zealand.

24 Termination of appointment of commissioners

(1)

The Governor-General may remove the chief commissioner or the deputy chief commissioner on the same grounds and in the same manner as the Governor-General may remove a member under section 39 of the Crown Entities Act 2004.

(2)

The Minister may remove a commissioner (other than the chief commissioner or deputy chief commissioner) on the same grounds and in the same manner as the Governor-General may remove a member under section 39 of the Crown Entities Act 2004.

(3)

Without limiting subsection (2), a cross-appointed commissioner ceases to be a commissioner if section 23(2)(a) ceases to apply.

(4)

Even if a commissioner’s term of office has expired or a commissioner has resigned that office, that person may be treated as a commissioner for the purpose of—

(a)

completing the determination of any matter that was before that person, as a commissioner, under this Act or any other Act and that was commenced before the expiration of the term of office or before the resignation took effect, as the case may be:

(b)

reconsidering any matter following a direction of the court under Part 6.

(5)

To avoid doubt, a former commissioner who is treated as a commissioner under subsection (4) is not a commissioner for the purpose of determining the number of commissioners of the panel under section 19.

25 Application of Crown Entities Act 2004 to commissioners

(1)

The following provisions of the Crown Entities Act 2004 apply, with all necessary modifications, to or in respect of each commissioner as if the commissioner were a member: sections 32, 34, 35, 43 to 45, 47, 48, 53 to 57, 59 to 72, 77, 120 to 126, 135, and 152(1)(a), (d), (e), and (f) and (2).

(2)

See section 106 of this Act and section 48 of the Fair Trading Act 1986 for modifications to sections 59 and 121 to 126 of the Crown Entities Act 2004.

Commission must have regard to economic policies of Government

26 Commission must have regard to economic policies of Government

(1)

In the performance and exercise of its functions, duties, and powers under this Act, the Commission must have regard to any economic policies of the Government that the Minister gives, in writing, to the Commission.

(2)

The Minister must, as soon as practicable after giving a statement of economic policy of the Government to the Commission,—

(a)

arrange for a copy of the statement to be published in the Gazette; and

(b)

present a copy of the statement to the House of Representatives.

(3)

A statement of economic policy is not a direction for the purposes of Part 3 of the Crown Entities Act 2004.

6 Section 64 amended (Procedure at conference)

(1)

Repeal section 64(1)(a).

(2)

Repeal section 64(1)(d).

(3)

Repeal section 64(2).

(4)

Repeal section 64(5).

7 Section 99 amended (Powers of Commission to take evidence)

(1)

In section 99(2), replace “a member of the Commission” with “a member of the board, a member of a regulatory committee,”.

(2)

In section 99(3), replace “a member of the Commission” with “a member of the board, a member of a regulatory committee,”.

8 Section 101 amended (Notices)

Replace section 101(1) with:

(1)

A notice given by the Commission under or for the purposes of this Act is sufficiently given if it is—

(a)

in writing; and

(b)

under the seal of the Commission or signed by 1 or more of the members of the board or by any person purporting to act with the authority of the Commission; and

(c)

served in accordance with section 102 on the person or persons primarily concerned or on any person or organisation considered by the Commission to represent that person or those persons.

9 Section 104 amended (Determinations of Commission)

Replace section 104(1) with:

(1)

A determination, clearance, authorisation, or decision given by the Commission under or for the purposes of this Act is sufficiently given if it is—

(a)

in writing; and

(b)

under the seal of the Commission or signed by 1 or more of the members of the board or by any person purporting to act with the authority of the Commission.

10 Section 105 repealed (Restriction on delegation)

Repeal section 105.

11 Section 106 amended (Proceedings privileged)

(1)

In section 106(2), replace “member of the Commission” with “member of the board”.

(2)

In section 106(7), after “any member of the Commission”, insert “or any member of a committee of the Commission”.

12 Section 106A amended (Judicial notice)

In section 106A(b), replace “deputy chairperson, or a member of the Commission” with “the deputy chairperson, a member of the board, or a member of a regulatory committee”.

13 Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in Schedule 1 of this Act as the last Part; and

(b)

make all necessary consequential amendments.

Part 2 Amendments to other legislation

14 Amendments to other legislation that come into force before main commencement date

Amend the legislation specified in Schedule 2 as set out in that schedule.

15 Amendments to other legislation that come into force on main commencement date

Amend the legislation specified in Schedule 3 as set out in that schedule.

Schedule 1 New Part 8 inserted into Schedule 1AA of Commerce Act 1986

s 13

Part 8 Provisions relating to Commerce (Commerce Commission Reform) Amendment Act 2026

40 Chairperson and deputy chairperson

(1)

The person who, immediately before 1 July 2027, was the chairperson of the Commission—

(a)

continues as a member; and

(b)

must be treated as having been appointed as the chief commissioner under section 21 for a term expiring on the day their term as a member is due to expire.

(2)

If a person referred to in subclause (1) was also the chairperson of the Commission on 1 January 2026, they continue as the chairperson under section 13 (in addition to being the chief commissioner and despite section 21(3)).

(3)

Subclause (2) applies in addition to subclause (1) (rather than instead of subclause (1)).

(4)

The person who, immediately before 1 July 2027, was the deputy chairperson of the Commission—

(a)

continues as a member; and

(b)

must be treated as having been appointed as the deputy chief commissioner under section 21 for a term expiring on the day their term as a member is due to expire; and

(c)

is no longer the deputy chairperson.

41 Members and associate members

(1)

A person who, immediately before 1 July 2027, was a member or an associate member—

(a)

is no longer a member or an associate member; and

(b)

must be treated as having been appointed as a commissioner under section 20 for a term expiring on the day their term as a member or an associate member would have otherwise expired.

(2)

If a person referred to in subclause (1) was also, immediately before 1 July 2027, a member of the Australian Competition and Consumer Commission (but not an associate member of the Australian Competition and Consumer Commission), they must also be treated as a cross-appointed commissioner under section 23.

(3)

This clause does not apply to a person if clause 40 applies to the person.

42 Grocery Commissioner and Telecommunications Commissioner

(1)

The person who, immediately before 1 July 2027, was the Grocery Commissioner under the Grocery Industry Competition Act 2023—

(a)

is no longer a member; and

(b)

must be treated as having been appointed as a specialist commissioner under section 22 with a speciality of groceries for a term expiring on the day their term as a member would have otherwise expired (during which time they may continue to be known as the Grocery Commissioner).

(2)

The person who, immediately before 1 July 2027, was the Telecommunications Commissioner under the Telecommunications Act 2001—

(a)

is no longer a member; and

(b)

must be treated as having been appointed as a specialist commissioner under section 22 with a speciality of telecommunications for a term expiring on the day their term as a member would have otherwise expired (during which time they may continue to be known as the Telecommunications Commissioner).

43 Other provisions regarding term and removal not limited

Clauses 40 to 42 do not limit provisions of this Act and the Crown Entities Act 2004 regarding the term and removal of members or commissioners.

Schedule 2 Amendments to other legislation that come into force before main commencement date

s 14

Grocery Industry Competition Act 2023 (2023 No 31)

Replace section 170 with:

170 Who performs or exercises functions, duties, and powers of Commission

(1)

The board must appoint a committee under clause 14 of Schedule 5 of the Crown Entities Act 2004 to perform and exercise the functions, duties, and powers of the Commission under this Act.

(2)

The board must appoint the Grocery Commissioner to the committee.

(3)

The board must also appoint 2 or more other members to the committee.

(4)

Subsection (2) does not apply if there is no Grocery Commissioner.

Repeal sections 171 to 173.

Telecommunications Act 2001 (2001 No 103)

In section 4(a), delete “and the performance of those functions by members of the Commission (in particular, the Telecommunications Commissioner)”.

Replace section 10 with:

10 Performance of Commission’s functions

(1)

The board must appoint a committee under clause 14 of Schedule 5 of the Crown Entities Act 2004 to perform and exercise the functions, duties, and powers of the Commission under this Act.

(2)

The board must appoint the Telecommunications Commissioner to the committee.

(3)

The board must also appoint 2 or more other members to the committee.

(4)

Subsection (2) does not apply if there is no Telecommunications Commissioner.

Repeal section 17.

In Schedule 3, repeal clause 11(3)(d).

Schedule 3 Amendments to other legislation that come into force on main commencement date

s 15

Credit Contracts and Consumer Finance Act 2003 (2003 No 52)

In section 5, replace the definition of Commission with:

Commission means the Commerce Commission

Dairy Industry Restructuring Act 2001 (2001 No 51)

In section 5(1), replace the definition of Commission with:

Commission means the Commerce Commission

Repeal section 150ZF(1)(a).

Fair Trading Act 1986 (1986 No 121)

In section 2(1), replace the definition of Commission with:

Commission means the Commerce Commission

Replace section 47H(1)(b)(ii) to (iv) with:

(ii)

signed by 1 or more of the members; or

(iii)

signed by any person purporting to act with the authority of the Commission; and

Fuel Industry Act 2020 (2020 No 60)

Repeal section 45(a) to (d).

Grocery Industry Competition Act 2023 (2023 No 31)

In section 5(1), replace the definition of Commission with:

Commission means the Commerce Commission

Repeal the cross-heading above section 167.

Repeal sections 167 to 170.

In Schedule 2, clause 14(2)(b), delete “such as the Grocery Commissioner”.

Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31)

In section 5, replace the definition of Commission with:

Commission means the Commerce Commission

Remuneration Authority Act 1977 (1977 No 110)

In Schedule 4, replace “The members and associate members of the Commerce Commission” with “The members and commissioners of the Commerce Commission”.

Retail Payment System Act 2022 (2022 No 21)

Repeal section 38(a) to (e).

Telecommunications Act 2001 (2001 No 103)

In section 5, replace the definition of Commission with:

Commission means the Commerce Commission

In section 5, repeal the definition of Telecommunications Commissioner.

Replace the cross-heading above section 9 with:

Commission’s functions

Repeal section 9.

Repeal section 10.

Repeal section 15(1)(b) and (d).