Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2022

Overview

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2022 is a notifiable instrument issued under the Competition and Consumer Act 2010, enacted to fill a specific role within the Australian Competition and Consumer Commission (ACCC). The 2022 instrument appoints James Cameron as an associate member of the ACCC on a part-time basis, effective from the day following its registration on the Federal Register of Legislation until 4 August 2023. This appointment was made by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, exercising powers granted by subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010. The policy objective of this appointment is to bolster the ACCC's capacity to effectively enforce competition and consumer laws and to contribute to the overall regulatory framework aimed at protecting consumers and ensuring fair competition in the marketplace.

Scope and Application

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2022 instrument appoints James Cameron as an associate member of the Australian Competition and Consumer Commission (ACCC) on a part-time basis, operating under the authority granted by subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010. This appointment is effective from the day following the registration of this instrument on the Federal Register of Legislation and will conclude on 4 August 2023. As an associate member of the ACCC, James Cameron will contribute to the activities and functions of the Commission, which is primarily responsible for enforcing the Competition and Consumer Act and promoting competition in markets and fair trading. The instrument applies to the individual, James Cameron, who assumes the role of associate member and does not extend to any specific industry, entity, or conduct unless otherwise defined by the Act itself or through subsequent subordinate legislation. The jurisdictional reach of this appointment is limited to the Commonwealth of Australia, and the instrument does not provide explicit exclusions, exemptions, or thresholds beyond the scope of the appointed role. The instrument may be supplemented by further subordinate legislation that could provide additional details or operational guidelines for the associate member's duties and responsibilities.

Key Provisions

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2022 Instrument appoints James Cameron as an associate member of the Australian Competition and Consumer Commission (ACCC) for a specified part-time period (section 1). The appointment takes effect from the day after the instrument is registered on the Federal Register of Legislation until 4 August 2023. This legislation is underpinned by subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010, which authorise the appointment of associate members to the ACCC. James Cameron, as an associate member, will be expected to perform duties as outlined in the Competition and Consumer Act 2010 and any other relevant legislation. These duties likely include participating in decision-making processes, investigations, and any other activities that the ACCC engages in to enforce and administer the Act. The role, being part-time, suggests that Cameron will work alongside full-time members to ensure that the ACCC can effectively carry out its mandate of protecting consumers and ensuring fair competition within the marketplace. Under the Competition and Consumer Act 2010, the ACCC is tasked with various obligations to enforce fair trading laws, consumer protection laws, and competition laws. As an associate member, James Cameron would be required to adhere to these obligations, which include but are not limited to, participating in proceedings, ensuring compliance with legislative mandates, and contributing to the ACCC’s strategic objectives. The responsibilities would also encompass providing expert advice and support in the enforcement and administration of the Act. In terms of breaches of the Act, the Competition and Consumer Act 2010 provides for both civil and criminal penalties. Civil penalties can include pecuniary penalties up to $1.5 million for corporations and $300,000 for individuals, as stipulated in section 13GA of the Act. Additionally, criminal offences under the Act can result in fines and imprisonment. For instance, section 13GD sets out that individuals can be fined up to $300,000 and/or imprisoned for up to five years, while corporations can face fines up to $1.5 million for breaches of the Act. These penalties underscore the seriousness of compliance with the Act and the consequences of non-compliance.