16Reconstitution of the ACCC for the purposes of an inquiry

16 Reconstitution of the ACCC for the purposes of an inquiry

(1) This regulation applies if a member of the ACCC included
in a Division of the ACCC specified in a direction under regulation 15 in relation to an inquiry: (a) ceases to be a member of the ACCC; or (b) is otherwise not available for the purposes of the inquiry. (2) The Chairperson of the ACCC must direct that the Division of the ACCC is to be constituted for the purposes of completing the inquiry: (a) by the remaining member, or members, of that Division; or (b) by the remaining member, or members, of the Division, together with another member, or members, of the ACCC nominated in the direction. (3) If the Chairperson of the ACCC gives a direction under subregulation (2), the Division of the ACCC as constituted in accordance with the direction: (a) must complete the inquiry; and (b) may have regard to any record of the proceedings of the inquiry made by that Division as constituted before the direction was given. (4) If: (a) a person referred to in subregulation (1) presided over the inquiry; and (b) the inquiry is not to be continued by a sole remaining member nominated in a direction under subregulation (2); the Chairperson of the ACCC must nominate the member who is to preside over the remainder of the inquiry. (5) A member nominated under subregulation (4) must preside over the remainder of the inquiry.