Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2023

Overview

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2023I is a notifiable instrument enacted by the Australian Government in 2023. This instrument was introduced to address the need for an acting Chairperson of the Australian Competition and Consumer Commission (ACCC) to maintain continuity in leadership during a period of transition. Enacted by the Treasurer, Dr Jim Chalmers, under the authority granted by paragraph 11(2)(a) of the Competition and Consumer Act 2010, the instrument appoints Catriona Lowe as the acting Chairperson of the ACCC on a full-time basis from 10 June 2023 until 18 June 2023. The primary objective of this appointment is to ensure that the ACCC continues to operate effectively and uphold its mandate of enforcing competition and consumer laws in Australia during this interim period.

Scope and Application

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2023 applies to the appointment of Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) on a full-time basis for the specified period from 10 June 2023 to 18 June 2023. This legislative instrument is made under the authority of paragraph 11(2)(a) of the Competition and Consumer Act 2010 and is effective within the Commonwealth jurisdiction. It does not extend or restrict the application of the Competition and Consumer Act 2010 beyond the scope of this appointment, and there are no stated exclusions or exemptions within the confines of this particular instrument. This appointment is a specific action to ensure the continuous functioning of the ACCC during a vacancy or transition period.

Key Provisions

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2023 (the "Instrument") provides for the appointment of Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) for a specific period. Under section 1, Jim Chalmers, as the Treasurer, appoints Lowe to this role on a full-time basis from 10 June 2023 until 18 June 2023. The authority for this appointment is derived from paragraph 11(2)(a) of the Competition and Consumer Act 2010, which allows the Treasurer to make such appointments in the event of a vacancy or otherwise as needed. The obligations and requirements imposed by the Instrument are straightforward, stipulating the term and nature of Lowe's appointment. This includes specifying that her role as acting Chairperson is full-time and delineates the exact dates of her tenure. By appointing Lowe, the Instrument ensures there is continuity in leadership within the ACCC during the specified period, which is critical for the effective functioning of the Commission. The Instrument does not explicitly outline offences, penalties, or consequences for breaches of its provisions. Given its nature as an administrative instrument to facilitate the appointment process, it primarily focuses on establishing the appointment without delving into enforcement mechanisms. The Competition and Consumer Act 2010 and related legislation would govern any misconduct or failure to comply with the duties of the acting Chairperson, should such issues arise. However, as this specific Instrument is limited in scope to the appointment itself, it does not detail specific penalties or consequences for breaches of its own terms.