(1) The AER Chair (whether or not the Commonwealth AER member) is to be paid additional remuneration (if any) determined by the Remuneration Tribunal.
(2) The AER Chair (whether or not the Commonwealth AER member) is to be paid additional allowances (if any) that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 other than subsection 7(11) of that Act.
44AV Leave of absence
(1) A full-time AER member has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant a full-time AER member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The AER Chair may grant leave of absence to any part-time AER member on the terms and conditions that the AER Chair determines.
44AW Other terms and conditions
An AER member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
44AX Outside employment
(1) A full-time AER member must not engage in paid employment outside the duties of the member’s office without the Minister’s consent.
(2) A part-time AER member must not engage in any paid employment that conflicts or could conflict with the proper performance of the member’s duties.
44AY Disclosure of interests
(1) If an AER member has any direct or indirect interest in a matter being considered, or about to be considered, by the AER, being an interest that could conflict with the proper performance of the member’s functions in relation to a matter arising at a meeting of the AER, then the member must as soon as practicable disclose that interest at a meeting of the AER.
(2) The disclosure, and any decision made by the AER in relation to the disclosure, must be recorded in the minutes of the meeting.
44AZ Resignation
(1) An AER member may resign his or her appointment by giving the Governor-General a written resignation.
(2) The AER Chair may resign his or her appointment as AER Chair by giving the Governor-General a written resignation. The resignation does not affect the person’s appointment as an AER member.
44AAB Termination of appointment
All AER members
(1) The Governor-General may terminate the appointment of an AER member:
(a) for misbehaviour or physical or mental incapacity; or
(b) if the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(c) if the member fails, without reasonable excuse, to comply with section 44AY.
Additional grounds: full-time AER members
(2) The Governor-General may terminate the appointment of a full-time AER member if:
(a) the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(b) the member engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.
Additional grounds: part-time AER members
(3) The Governor-General may terminate the appointment of a part-time AER member if:
(a) the member is absent, except on leave of absence, from 3 consecutive meetings of the AER; or
(b) the member engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.
Subdivision B
Staff etc. to assist the AER
44AAC Staff etc. to assist the AER
The Chairperson must make available:
(a) persons engaged under section 27; and
(b) consultants engaged under section 27A;
to assist the AER to perform its functions.
Subdivision C
Meetings of the AER etc.
44AAD Meetings
(1) The AER Chair must convene such meetings of the AER as he or she thinks necessary for the efficient performance of the functions of the AER.
Note: See also section 33B of the Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.
(2) Meetings of the AER must be held at such places as the AER Chair determines.
(3) At a meeting of the AER, 2 members constitute a quorum. The quorum must include the AER Chair and must also include the Commonwealth AER member (if the Commonwealth AER member is not also the AER Chair).
(4) Questions arising at a meeting must be determined by unanimous vote of the members present and voting.
(5) The AER Chair must preside at all meetings of the AER.
(6) The AER Chair may give directions regarding the procedure to be followed at or in connection with a meeting.
44AAE Resolutions without meetings
(1) If all 3 AER members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, then a resolution in those terms is taken to have been passed at a duly constituted meeting of the AER held on the day the document was signed, or, if the members sign the document on different days, on the last of those days.
(2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.
(3) A member must not sign a document containing a statement in favour of a resolution if the resolution concerns a matter in which the member has any direct or indirect interest, being an interest that could conflict with the proper performance of the member’s functions in relation to any matter.
44AAEA Arbitration
(1) Sections 44AAD and 44AAE do not apply to the AER as constituted for an arbitration under:
(a) the National Electricity (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or
(b) the National Gas (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or
(c) a provision of a State/Territory energy law.
(2) The reference in subsection (1) to an arbitration includes a reference to each of the following:
(a) the making, variation or revocation of an access determination (within the meaning of the law concerned);
(b) the performance of a function, or the exercise of a power, in connection with the making, variation or revocation of an access determination (within the meaning of the law concerned).