Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 4) 2023
I, Jim Chalmers, Treasurer, under paragraph 11(2)(a) of the Competition and Consumer Act 2010, appoint Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission, on a full-time basis, for the period beginning on 1 December 2023 until 13 December 2023.
Dated 16 November 2023
Dr Jim Chalmers Treasurer
Overview
The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 4) 2023 instrument was enacted to address the requirement for an acting Chairperson of the Australian Competition and Consumer Commission (ACCC) during a period of transition. The instrument, issued under the authority of the Treasurer, appoints Catriona Lowe as the acting Chairperson of the ACCC for a full-time role from 1 December 2023 to 13 December 2023. This appointment is made in accordance with the provisions of the Competition and Consumer Act 2010, which empowers the Treasurer to make such appointments under specific circumstances. The policy objective underpinning this appointment is to ensure that the ACCC, a key regulatory body responsible for enforcing consumer protection laws and overseeing competition, maintains effective leadership during a critical period.
Scope and Application
The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 4) 2023 instrument, issued under the authority of the Competition and Consumer Act 2010, appoints Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission for a specified period from 1 December 2023 to 13 December 2023. This appointment is on a full-time basis and is made by Jim Chalmers, the Treasurer, in accordance with paragraph 11(2)(a) of the Act. The instrument applies directly to Catriona Lowe and the Australian Competition and Consumer Commission, and its jurisdiction extends across the Commonwealth of Australia. The appointment is a specific measure under the broader framework of the Competition and Consumer Act 2010, which governs the conduct of businesses and consumers, ensuring fair trading and competition practices. There are no exclusions or exemptions stated within this particular instrument, which focuses solely on the transitional appointment of an acting Chairperson. The instrument does not extend or restrict the application of the Act itself but rather operates within the legislative parameters already established by the Competition and Consumer Act 2010.
Key Provisions
The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 4) 2023 instrument (No. 4) provides for the appointment of Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) on a full-time basis for a specified period. According to section 1 of the instrument, Lowe is appointed to the role beginning on 1 December 2023 and ending on 13 December 2023. This temporary appointment is made under paragraph 11(2)(a) of the Competition and Consumer Act 2010, which allows for the appointment of acting officers when necessary.
The obligations of the appointed acting Chairperson, as per section 1, include assuming the full-time duties and responsibilities of the Chairperson role within the ACCC for the duration specified. This period is strictly defined, ensuring clarity and continuity in leadership during a potentially transitional time for the Commission. The acting Chairperson is expected to uphold the integrity and effectiveness of the ACCC, maintaining its regulatory and enforcement functions in the competitive and consumer markets as per the legislative mandates.
Failure to adhere to the terms of this appointment could result in procedural breaches under the Competition and Consumer Act 2010. While specific penalties for such breaches are not detailed in this instrument, general provisions of the Act may apply, including potential fines and other legal consequences for non-compliance. The Act also provides for civil and criminal sanctions where appropriate, ensuring that the responsibilities of the acting Chairperson are taken seriously and that the authority of the ACCC is preserved.
Catriona Lowe, as the acting Chairperson, must ensure that all activities undertaken during her tenure comply with the legislative and regulatory framework governing the ACCC. This includes oversight of competition and consumer law enforcement, advocacy for consumer rights, and collaboration with other regulatory bodies. The instrument’s focus on a clearly defined period underscores the temporary nature of this appointment, reinforcing the importance of adherence to the specified timeframe.