Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2022

Overview

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2022I, enacted in 2022, was introduced to address the need for additional expertise within the Australian Competition and Consumer Commission (ACCC) to assist in its regulatory and enforcement functions. The instrument was made by Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, pursuant to the authority granted under subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010. The overarching policy objective of this appointment is to bolster the ACCC's capacity to effectively oversee and regulate competition and consumer matters, ensuring that market participants adhere to the law and that consumers are protected from anti-competitive practices and unfair trading. This appointment aims to enhance the ACCC's capability to deliver on its mandate by bringing in an associate member who can contribute valuable insights and experience to the commission's activities.

Scope and Application

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2022I, under the authority vested in the Assistant Minister for Competition, Charities and Treasury, Dr. Andrew Leigh, appoints Derek Johnston as an associate member of the Australian Competition and Consumer Commission on a part-time basis. This appointment spans from the day following the registration of this instrument on the Federal Register of Legislation until 31 October 2024, aligning with the provisions outlined in subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010. As an associate member, Derek Johnston's role involves contributing to the activities and objectives of the ACCC, specifically focusing on the enforcement of competition and consumer laws across Australia. This legislative instrument does not specify any exclusions or exemptions from its application but operates within the federal jurisdiction, impacting the operations and capabilities of the ACCC in its regulatory capacity.

Key Provisions

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2022 instrument appoints Derek Johnston as an associate member of the Australian Competition and Consumer Commission (ACCC) on a part-time basis (section 1). The appointment is effective from the day after the instrument is registered on the Federal Register of Legislation until 31 October 2024 (section 1). This appointment is made under subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010, which allows for the appointment of associate members to provide additional expertise and capacity to the ACCC in carrying out its functions. The Act imposes certain obligations and requirements on the parties involved. For instance, the associate member, Derek Johnston, is expected to perform his duties in accordance with the provisions of the Competition and Consumer Act 2010 and any other relevant legislation. The ACCC is responsible for ensuring that Mr Johnston's part-time role aligns with the overall objectives and functions of the Commission. Furthermore, the Associate Member must adhere to the Code of Conduct for Members of the ACCC, which outlines the standards of behaviour and ethical conduct expected from all members of the Commission. Failure to comply with the requirements set out in the Competition and Consumer Act 2010 or the Code of Conduct for Members of the ACCC may result in various consequences. The Act provides for both civil and criminal penalties for breaches, depending on the severity of the offence. For example, a person who commits a civil penalty offence under the Act may be liable for a pecuniary penalty of up to $1.5 million for a corporation and $300,000 for an individual, as specified in section 13G of the Competition and Consumer Act 2010. Additionally, criminal offences under the Act may result in imprisonment for individuals, with the maximum penalties varying depending on the specific offence. It is important to note that these penalties are subject to the discretion of the court and may be influenced by factors such as the nature and extent of the breach, the degree of culpability, and any mitigating or aggravating circumstances.