Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2024

Overview

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2024 is a notifiable instrument introduced to address the need for additional expertise within the Australian Competition and Consumer Commission (ACCC). Enacted by Dr Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under the authority provided by subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010, this instrument appoints John Small as an associate member of the ACCC on a part-time basis. This appointment is intended to bolster the ACCC's capabilities, ensuring it has the necessary resources and knowledge to effectively enforce competition and consumer laws. The policy objective behind this appointment is to enhance the ACCC's capacity to address and resolve issues related to competition and consumer protection in Australia.

Scope and Application

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2024I, dated 28 May 2024, appoints John Small as an associate member of the Australian Competition and Consumer Commission (ACCC) on a part-time basis. This appointment is effective from the day after the instrument is registered on the Federal Register of Legislation until 7 June 2024, as stipulated under subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010. The appointment is made by Dr Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, and serves to bolster the ACCC's capacity in its regulatory functions. The Act applies to the individual appointed, John Small, and the ACCC as the entity he will be associated with, focusing on enhancing the Commission's expertise and oversight in competition and consumer matters within the Commonwealth jurisdiction.

Key Provisions

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 2) 2024I provides the legal framework for the appointment of John Small as an associate member of the Australian Competition and Consumer Commission (ACCC) on a part-time basis (Section 1). This appointment takes effect from the day after the instrument is registered on the Federal Register of Legislation until 7 June 2025 (Section 1). The primary function of this notifiable instrument is to officially establish John Small's role within the ACCC, ensuring that he can participate in the activities and decisions of the Commission within the stipulated timeframe. Under this legislation, John Small is required to perform his duties in accordance with the Competition and Consumer Act 2010 and any other relevant laws or guidelines applicable to the ACCC (Section 2). This includes adhering to the ACCC’s policies and procedures, participating in Commission meetings and decisions, and contributing to the enforcement and administration of competition and consumer laws. As an associate member, he is expected to bring his expertise and experience to bear on the Commission’s activities, ensuring that it operates effectively and efficiently within its mandate. The legislation imposes several obligations on John Small as an associate member of the ACCC. These include a duty to act in the public interest, maintain confidentiality in relation to information obtained in the course of his duties, and avoid any conflicts of interest. He must also disclose any personal or professional interests that could influence his decision-making or the perception of impartiality (Section 3). Additionally, John Small is required to participate in the training and orientation programs provided by the ACCC to ensure he is fully informed about his responsibilities and the operational context of the Commission. Breaches of the obligations set out in this legislation can lead to various consequences. Under the Competition and Consumer Act 2010, any failure to comply with the duties and responsibilities outlined can result in disciplinary action, including potential removal from office (Section 4). While specific penalties are not detailed in this notifiable instrument, general penalties for breaches of the Competition and Consumer Act can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, with maximum penalties potentially reaching up to $1.5 million for corporations and $300,000 for individuals, as well as imprisonment terms that can extend up to five years for serious offences.