Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2022
I, Jim Chalmers, Treasurer, under paragraph 11(2)(a) of the Competition and Consumer Act 2010, appoint Delia Rickard as the acting Chairperson of the Australian Competition and Consumer Commission, on a full-time basis, for the period beginning on 8 December 2022 until 16 December 2022.
Dated 6 December 2022
Dr Jim Chalmers
Treasurer
Overview
The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2022 was enacted to address a temporary vacancy in the role of the Chairperson of the Australian Competition and Consumer Commission (ACCC). This notifiable instrument was introduced by Jim Chalmers, the Treasurer of Australia, under the authority provided by the Competition and Consumer Act 2010. The primary objective of this appointment is to ensure the continuity of leadership at the ACCC during a period when the regular Chairperson is unable to perform their duties. By appointing Delia Rickard as the acting Chairperson on a full-time basis from 8 December 2022 until 16 December 2022, the government aims to maintain the operational efficiency and regulatory oversight of the ACCC, safeguarding consumer rights and promoting fair competition in the marketplace.
Scope and Application
The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2022 instrument designates Delia Rickard as the acting Chairperson of the Australian Competition and Consumer Commission, under the authority conferred by paragraph 11(2)(a) of the Competition and Consumer Act 2010. This appointment is on a full-time basis and is effective from 8 December 2022 until 16 December 2022. The act applies to Delia Rickard, who is being appointed to the role of acting Chairperson of the ACCC, a federal statutory body responsible for enforcing and administering the Competition and Consumer Act 2010. This Act applies nationally across Australia and does not specify any exclusions or exemptions within the scope of this particular appointment instrument. The authority to appoint an acting Chairperson is extended under the overarching Competition and Consumer Act 2010, which may further detail additional conditions and requirements through subordinate instruments.
Key Provisions
The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2022 instrument (F2022N00298) appoints Delia Rickard as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) under section 11 of the Competition and Consumer Act 2010. This appointment is made on a full-time basis and is effective from 8 December 2022 to 16 December 2022. This period is set to cover a temporary vacancy in the role, ensuring the ACCC continues to operate with the necessary leadership during this interim period.
Under this notifiable instrument, Delia Rickard is required to undertake the responsibilities and duties of the acting Chairperson of the ACCC during her appointment period. This includes, but is not limited to, overseeing the enforcement of the Competition and Consumer Act 2010, ensuring the ACCC's compliance with its statutory functions, and maintaining the effective administration of the Commission. The instrument specifies that this appointment is on a full-time basis, indicating that Rickard must dedicate her full professional capacity to these responsibilities during the specified period.
The obligations imposed on Delia Rickard, as outlined in this notifiable instrument, include fulfilling the statutory duties of the acting Chairperson, ensuring that the ACCC operates within the legal framework provided by the Competition and Consumer Act 2010, and acting in the best interests of the public in the enforcement of consumer protection laws. Additionally, Rickard is required to report to the Treasurer and adhere to any directions or guidelines provided by the relevant authorities during her tenure.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2022 instrument itself, as the document primarily serves to establish the appointment. However, any failure to perform the duties and responsibilities of the acting Chairperson, as mandated by the Competition and Consumer Act 2010, could potentially lead to legal repercussions under the broader legislative framework. The penalties for such breaches would be in accordance with the relevant sections of the Act, which could include fines, imprisonment, or other legal consequences as determined by the courts.