P oecd best Practice Principles for Regulatory Policy The Governance of Regulators



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اصول حکمرانی تنظیمی
and terminations in legislation
The Australian Competition & Consumer Commission (ACCC) and the Australian Energy Regulator (AER) are both independent Commonwealth statutory agencies. The Competition and Consumer Act 2010 (the CCA) establishes a Commission and Board as the respective decision-making bodies for the ACCC and AER. The Australian Governor-General may only terminate the appointment of members of the Commission in very limited circumstances, including misbehaviour, physical or mental incapacity (Part II of the CCA). The same criterion applies for the AER (Part IIIAA of the CCA). Commissioners and Board members are initially engaged for five year terms and may seek reappointment at the conclusion of their terms. Section A) of the CCA notes that the relevant Commonwealth minister must not give directions to the ACCC under Part IIIA (Access to services, IV Restrictive trade practices, VII (Authorisations, notifications and clearances in respect of restrictive trade practices, VIIA (Prices surveillance, X (International liner cargo shipping, XIB (The Telecommunications Industry Anti-competitive conduct and record-keeping rules) or XIC (Telecommunications access regime. This exclusion covers a significant range of the regulatory activities and responsibilities undertaken by the ACCC.
Source: Australian Competition & Consumer Commission and the Australian Energy Regulator (2013).


62
– 2. PREVENTING UNDUE INFLUENCE AND MAINTAINING TRUST
THE GOVERNANCE OF REGULATORS © OECD 2014

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