Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2023

Overview

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2023 is a notifiable instrument introduced by the Australian Government to address the interim leadership needs of the Australian Competition and Consumer Commission (ACCC). Enacted in 2023, this instrument was issued under the authority of the Treasurer, Jim Chalmers, pursuant to the Competition and Consumer Act 2010. The instrument appoints Mick Keogh as the acting Chairperson of the ACCC on a full-time basis from 10 August 2023 until 25 August 2023, ensuring continuity in the leadership of the ACCC during a transitional period. The policy objective of this appointment is to maintain the effectiveness and stability of the ACCC in its regulatory and enforcement functions while a permanent appointment is being finalised.

Scope and Application

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2023 applies to the appointment of Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC). This appointment is for a full-time position and is effective from 10 August 2023 until 25 August 2023. Mick Keogh's role as acting Chairperson will encompass the responsibilities and powers of the ACCC Chairperson under the Competition and Consumer Act 2010. The geographic reach of this legislation is national, as the ACCC is a Commonwealth entity with jurisdiction over the entirety of Australia. The Act does not specify any exclusions or exemptions, nor does it establish particular thresholds; it simply facilitates the temporary appointment within the stipulated timeframe. The authority for this appointment is derived from paragraph 11(2)(a) of the Competition and Consumer Act 2010, and it is enacted by Dr Jim Chalmers, the Treasurer, dated 21 July 2023.

Key Provisions

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 2) 2023I, dated 21 July 2023, appoints Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) for a full-time role. This appointment is effective from 10 August 2023 until 25 August 2023, under the authority granted by paragraph 11(2)(a) of the Competition and Consumer Act 2010. This notifiable instrument specifies the duration and terms of Mick Keogh’s acting role within the ACCC, ensuring that there is continuity and stability in the leadership of this important regulatory body during the specified period. The Act imposes certain obligations and requirements on Mick Keogh as the acting Chairperson. He is expected to perform his duties with the same level of commitment and integrity as a permanent Chairperson, ensuring the enforcement of competition and consumer laws, overseeing investigations, and making decisions that align with the objectives of the Competition and Consumer Act 2010. Mick Keogh must also comply with any directives from the Australian Government or the ACCC, maintain confidentiality regarding sensitive information, and adhere to the ethical standards expected of public office holders. In the event that Mick Keogh fails to comply with the obligations set out in the Act, there are potential consequences. While the specific penalties for non-compliance are not detailed in this notifiable instrument, breaches of the Competition and Consumer Act 2010 can lead to civil or criminal penalties. These may include fines for individuals or corporations, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties are stipulated in the Competition and Consumer Act 2010 and can be severe, reflecting the importance of adhering to the legislative framework governing the ACCC. Mick Keogh’s appointment and the associated responsibilities underscore the need for strict adherence to the Act’s provisions to maintain the integrity of the ACCC’s regulatory functions.