Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2024

Overview

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2024 instrument, issued by the Treasurer Jim Chalmers under the authority of the Competition and Consumer Act 2010, appoints Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission on a full-time basis. This appointment is effective from 1 July 2024 until 8 July 2024, and it addresses a temporary vacancy within the leadership of the ACCC, ensuring continuity and stability in the enforcement and administration of competition and consumer law. This appointment aims to maintain the integrity and effectiveness of the ACCC in protecting consumers and fostering fair competition within the Australian market. The instrument was issued by the Parliament of Australia, reflecting the government's commitment to upholding fair trading practices and consumer rights.

Scope and Application

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2024 instrument appoints Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) on a full-time basis from 1 July 2024 until 8 July 2024. This appointment is made under paragraph 11(2)(a) of the Competition and Consumer Act 2010, highlighting its federal jurisdiction and relevance to the national scope of consumer protection and competition law in Australia. The appointment is specific to Mick Keogh and pertains to his role within the ACCC, a Commonwealth entity responsible for enforcing consumer protection and competition laws across various industries. The appointment does not extend beyond the specified dates, and there are no exclusions, exemptions, or thresholds outlined in this instrument. However, the broader scope of the Competition and Consumer Act 2010 may be further defined or extended through subordinate instruments or regulations.

Key Provisions

The main operative sections of the Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 1) 2024 (F2024N00597) are outlined in the notifiable instrument itself. Section 1 of the instrument specifies the appointment of Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) on a full-time basis. This appointment is effective from 1 July 2024 until 8 July 2024, as stated in section 1(1). The appointment is made under paragraph 11(2)(a) of the Competition and Consumer Act 2010, which allows the Treasurer to appoint an acting Chairperson when necessary. The Act imposes specific obligations and requirements on Mick Keogh as the acting Chairperson of the ACCC. As stated in section 1(1), he is to serve on a full-time basis during the specified period, indicating that he is expected to dedicate his full professional attention to the role during this time. The appointment is also subject to the provisions of the Competition and Consumer Act 2010, which means Mick Keogh must operate within the legal framework established by the Act. This includes upholding the Act's principles, such as ensuring fair competition and protecting consumer rights. The notifiable instrument does not explicitly detail offences, penalties, or consequences for breaches related to the acting Chairperson's appointment. However, any failure to comply with the Competition and Consumer Act 2010 could result in significant legal repercussions. Under the Act, breaches may lead to both civil and criminal penalties. For example, individuals who contravene the Act could face fines of up to $1.5 million for corporations and $300,000 for individuals, as stipulated in sections 131 and 132 of the Competition and Consumer Act 2010. Additionally, criminal charges may be pursued against individuals responsible for serious breaches, leading to imprisonment. The specific consequences depend on the nature and severity of the breach.