Competition Appeal Board
72.—(1)  For the purpose of hearing any appeal referred to in section 71(1), there is to be a Competition Appeal Board consisting of not more than 30 members appointed, from time to time, by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.
(2)  Members of the Board hold office for such period as may be determined by the Minister and are eligible for re‑appointment.
(3)  The Minister may at any time remove any member of the Board from office without assigning any reason.
(4)  A member of the Board may resign his or her office by notice in writing to the Minister.
(5)  The Minister must appoint to be Chairperson of the Board a person who is qualified to be a Supreme Court Judge.
[40/2019]
(6)  The Chairperson of the Board, when present, presides at every meeting of the Board, and in the Chairperson’s absence such member of the Board as may be chosen by the members present presides.
(7)  The Minister may appoint a secretary to the Board and such other officers and employees of the Board as may be necessary.
(8)  All the powers, functions and duties of the Board may be exercised, performed and discharged by any committee of the Board consisting of not less than 3 members of the Board, one of whom may be the Chairperson of the Board.
(9)  Any act, finding or decision of any such committee is deemed to be the act, finding or decision of the Board.
(10)  The secretary must, from time to time, summon such members of the Board as may be nominated by the Chairperson of the Board, to constitute a committee of the Board for the purposes of giving effect to the provisions of this Part, and it is the duty of such members to attend at the times and places specified in the summons.
(11)  Subject to subsection (12), where the Chairperson of the Board is nominated under subsection (10) as a member of a committee, he or she presides at every meeting of the committee, and where the Chairperson is not nominated as a member of a committee, the Chairperson must determine which member of the committee is to preside at every meeting of that committee.
(12)  Where the Chairperson of the Board or the member determined by the Chairperson under subsection (11) (as the case may be) is absent at any committee meeting, such member of the committee as may be chosen by the members present presides.
(13)  All matters coming before the Board or a committee of the Board at any sitting thereof must be decided by a majority of votes of those members present and, in the event of an equality of votes, the Chairperson of the Board or any other member presiding has a second or casting vote.
(14)  Members of the Board may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.
(15)  The Minister may make regulations —
(a)prescribing the period within which appeals may be made;
(b)prescribing the manner in which appeals are to be made to the Board;
(c)prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board;
(d)prescribing the places where and the times at which appeals are to be heard by the Board;
(e)prescribing the fees to be paid in respect of any appeal under this Part;
(f)permitting the Board to order interest to be paid on any financial penalty imposed, confirmed or varied by the Board;
(g)prescribing the award of costs of or incidental to any proceedings before the Board or the award of expenses, including any allowances payable to persons in connection with their attendance before the Board; and
(h)generally for the better carrying out of the provisions of this Part.
[4/2010]