15Constitution of the ACCC for the purposes of an inquiry

15 Constitution of the ACCC for the purposes of an inquiry

(1) The Chairperson of the ACCC may direct in writing that the powers of the ACCC under this Part are to be exercised for the purposes of an inquiry by a Division of the ACCC constituted by at least 2 members of the ACCC nominated in the direction. (1A) A member of the ACCC is not disqualified from taking part in an inquiry merely because he or she has previously considered: (a) a matter relating to the dispute that is the subject of the inquiry; or (b) another matter involving a party to the dispute. (2) For the purposes of the inquiry specified in a direction, the ACCC is taken to consist of the Division of the ACCC specified in the direction. (3) If the Chairperson of the ACCC is included in the Division of the ACCC specified in a direction, the Chairperson must preside over the inquiry. (4) If: (a) the Chairperson of the ACCC is not included in the Division of the ACCC specified in a direction; and (b) the Deputy Chairperson of the ACCC is included in that Division; the Deputy Chairperson must preside over the inquiry. (5) If neither the Chairperson nor the Deputy Chairperson is included in the Division of the ACCC specified in a direction, the Chairperson of the ACCC must nominate in writing the member of the ACCC included in the Division who is to preside over the inquiry. (6) A member nominated under subregulation (5) must preside over the inquiry.