Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 5) 2023

Overview

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 5) 2023 was enacted in 2023 to address the need for a temporary leadership arrangement at the Australian Competition and Consumer Commission (ACCC) due to the unavailability of the substantive Chairperson. This notifiable instrument was issued under the authority of Jim Chalmers, the Treasurer, pursuant to paragraph 11(2)(a) of the Competition and Consumer Act 2010. The policy objective is to ensure that the ACCC continues to function effectively and efficiently, maintaining its regulatory oversight and enforcement responsibilities during a period when the substantive Chairperson is not available. The appointment of Catriona Lowe as the acting Chairperson for specified periods provides a seamless transition and continuity in leadership at the ACCC.

Scope and Application

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 5) 2023 notifies the temporary appointment of Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC) under the authority vested in the Treasurer by section 11 of the Competition and Consumer Act 2010. This appointment is specifically for two defined periods, commencing on 22 December 2023 and continuing from 2 January 2024 until 10 January 2024. This legislation applies directly to Catriona Lowe as the acting Chairperson and the ACCC as the entity in which she is placed. The geographic reach of this Act is national, as the ACCC operates across Australia, and its jurisdiction is under the Commonwealth, enforcing federal competition and consumer laws. This Act does not explicitly state exclusions, exemptions, or thresholds, but it operates within the existing framework of the Competition and Consumer Act 2010, which includes provisions for the conduct of the ACCC and its Chairperson. Subordinate instruments, such as regulations and guidelines, may further define the scope and application of this appointment within the administrative and operational context of the ACCC.

Key Provisions

The Australian Competition and Consumer Commission (Acting Chairperson) Appointment (No. 5) 2023 instrument, made under the authority of the Competition and Consumer Act 2010, appoints Catriona Lowe as the acting Chairperson of the Australian Competition and Consumer Commission (ACCC). This appointment is effective for two distinct periods: firstly, from 22 December 2023, and secondly, from 2 January 2024 until 10 January 2024. These specific dates and durations are crucial for ensuring continuity and stability within the ACCC during a transitional period. The legislation imposes several obligations on Catriona Lowe during her tenure as acting Chairperson. These include adhering to the responsibilities and duties outlined in the Competition and Consumer Act 2010, ensuring that the ACCC operates effectively, and maintaining the integrity and independence of the Commission. Lowe must also act in the public interest and comply with any directives or guidance provided by the relevant authorities during her appointment period. Failure to meet these obligations or any other requirements set out in the legislation could potentially lead to various consequences. While the notifiable instrument itself does not explicitly detail offences or penalties for non-compliance, breaches of the Competition and Consumer Act 2010 generally can result in significant civil and criminal penalties. For example, the Act provides for fines of up to $1.5 million for individuals and $7.5 million for corporations for serious or repeated breaches. Additionally, individuals found guilty of certain offences may face imprisonment. These severe penalties underscore the importance of adhering to the responsibilities and duties as outlined in the legislation.