Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 3) 2023

Overview

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 3) 2023 is a notifiable instrument issued under the authority of the Treasurer, Jim Chalmers, in accordance with paragraph 11(2)(a) of the Competition and Consumer Act 2010. This instrument was enacted to address the temporary vacancy of the Chairperson position within the Australian Competition and Consumer Commission (ACCC). By appointing Mick Keogh as the acting Chairperson on a full-time basis from 11 October 2023 until 22 October 2023, the instrument ensures that the ACCC maintains its leadership and operational capacity during a critical period. The policy objective of this instrument is to uphold the integrity and effectiveness of the ACCC in regulating competition and consumer matters in Australia.

Scope and Application

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 3) 2023 notifies the appointment of Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission, on a full-time basis, for the period commencing on 11 October 2023 and concluding on 22 October 2023. This appointment is made under the authority granted by the Treasurer, Jim Chalmers, pursuant to paragraph 11(2)(a) of the Competition and Consumer Act 2010. The legislation is enacted at the Commonwealth level and pertains specifically to the appointment of the acting Chairperson of the ACCC, thereby affecting the ACCC's leadership and operational capacities. The scope of this act is limited to the specified period of appointment and the role of the acting Chairperson, with no additional exclusions, exemptions, or thresholds explicitly stated in the text. The act does not extend or restrict its application through subordinate instruments, as it directly outlines the appointment details within its provisions.

Key Provisions

The key operative sections of the legislation, F2023N00318, specify the appointment of Mick Keogh as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) (section 1). This appointment is made by Jim Chalmers, the Treasurer, under the authority provided by paragraph 11(2)(a) of the Competition and Consumer Act 2010. The appointment is for a full-time basis and will commence on 11 October 2023, concluding on 22 October 2023. This appointment aims to ensure continuity in leadership at the ACCC during a transitional period. The legislation imposes certain obligations and requirements on Mick Keogh as the acting Chairperson of the ACCC. These include the responsibility to perform the duties and functions of the Chairperson as outlined in the Competition and Consumer Act 2010. This includes overseeing the enforcement of Australian consumer law, ensuring compliance with the Act, and making decisions in relation to the administration of the ACCC. Keogh is expected to act in a manner consistent with the statutory obligations and responsibilities of the ACCC during his tenure as acting Chairperson. Failure to comply with the requirements and obligations set out in the Competition and Consumer Act 2010 can lead to both civil and criminal consequences. For example, any breaches of the Act by the acting Chairperson could result in enforcement actions taken by the ACCC itself, potentially leading to fines or other penalties. Additionally, serious breaches that involve dishonesty or deceit may result in criminal charges, with penalties including substantial fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, but the Act provides for significant deterrents to ensure adherence to its provisions.