Prices Regulation (Amendment) Act 1986 (NSW)

PRICES REGULATION {AMENDMEN I ) ACT 1986 No. 33

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3.     Principal Act

4.     Amendment of Act No. 26, 1948

5. Savings and transitional provisions

SCHEDULE 1—AMENDMENTS TO THE PRINCIPAL ACT

PRICES REGULATION (AMENDMENT) ACT 1986 No. 33

NEW SOUTH WALES

Act No. 33, 1986

An Aci to amend the Prices Regulation Act 1948 with respect to the office

of Chairperson of the Prices Commission, [Assented to 6 May 1986.]

also SiaiLLiory and OUici Offices Konnnierjtiori (ITiccs ( orm nsston) Amcndmeril Act 1986.

Prices Regulation (Amendment) 1986

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows;

Short title

1. This Act may be cited as the ’Prices Regulation (Amendment) Act

1986”.

Commencement

2 .    (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such

day as may be appointed by the Governor and notified by proclamation

published in the Gazette,

Principal Act

3. The Prices Regulation Act 1948 is referred to in this Act as the

Principal Act.

Amendment of Act No. 26, 1948

The Principal Act is amended in the manner set forth in Schedule 1. Savings and transitional provisions

4.

(1) A person who, immediately before the commencement of this Act, held office as a commissioner of the Prices Commission shall be deemed to have been duly appointed as a part-time commissioner and, in the case of the Chairman of that Commission, as Chairperson of that Commission.

5.

(2) A person referred to in subsection (1) —

(a) shall be deemed to have been so appointed for the residue of the term of office for which the person was appointed; and

(b) is eligible for re-appointment (if otherwise qualified).

(3) Notwithstanding subsection (I), the Chairperson of the Prices Commission shall be deemed to have been appointed as a full-time commissioner instead of a part-time commissioner, pursuant to that subsection, if the Chairperson is not also appointed on the commencement

3  Act No. 33

Prices Regulation (Amendment) 1986

of this Act to an office specified in Schedule 2 to the Statutory and Other

Offices Remuneration Act 1975.

SCHEDULE 1

(Sec. 4)

AMENDMENTS TO THE PRINCIPAL ACT

(1) (a) Section 3 (1), definition of “Chairperson”—

Omit the definition of “Chairman”, insert instead:

“Chairperson” means the Chairperson of the Commission;

(b) Section 3(1), definition of “commissioner”—

Omit “Chairman”, insert instead “Chairperson”.

(2) (a) Section 4a (1), (1a)—

Omit section 4a (1), insert instead:

(1) The Commission shall consist of 3 commissioners who

shall be appointed by the Governor.

(1a) Of the commissioners—

(a) 1 shall, in and by the instrument by which the commissioner is appointed, be appointed as—

(i)  a full-time commissioner or a part-time commissioner; and

prices Regulation (Amendment) 1986

SCHEDULE I— continued

AMENDMENTS TO THE PRINCIPAL ACT^continued

(ii) the Chairperson of the Commission; and

(b) 2 shall, in and by the instruments by which the commissioners are appointed, be appointed as part-time commissioners.

(b)

Section 4a (2)— (b)”.

(c) Section 4a (4)̂— After section 4a (3), insert:

(4) Where by or under any other Act provision is made

requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, that provision shall not operate to disqualify the person from holding that office and also the office of a part-time commissioner or from accepting and retaining any remuneration payable to the person under this Act as a part-time commissioner,

(3) Section 4b—

Omit the section, insert instead:

Chairperson

4b. (1) The Chairperson (being a full-time commissioner) shall devote the whole of his or her time to the duties of the office of Chairperson, except as permitted by this Act or except with the consent of the Minister.

(2) The Chairperson (being a full-time commissioner) is entitled to be paid^—

(a)	remuneration in accordance with the Statutory and Other Offices Remuneration .Act 1975; and
(b)	such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Chairperson.

5   Act No. 33

Prices Regulation (Amendment) 1986

SCHEDULE 1— continued

AMENDMENTS TO THE PRINCIPAL ACT— continued

(3) The Chairperson may be referred to as the Chairman or

Chairwoman, as the case requires.

(4) Section 4f (2)—

Omit “ The Chairm an” , insert instead “ A full-time commissioner”.

(5) (a) Section 4h (b), (c), (i)—

Omit “the Chairman” wherever occurring, insert instead “a full­ time commissioner”.

(b)

Section 4h (d)— instead “being a part-time commissioner” .

(6) Sections 4i, 4k ( 1)—

After “part-time commissioner” wherever occurring, insert

“(other than the Chairperson)” .

(7) Sections 4j, 4l, 7, 8a, 15, 30, 53—

Omit “ Chairm an” wherever occurring, insert instead

“Chairperson”.