Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2024

Overview

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2024 instrument, enacted in 2024, serves to address the need for additional expertise within the Australian Competition and Consumer Commission (ACCC). This notifiable instrument was introduced by Jim Chalmers, the Treasurer, under the authority conferred by subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010. The objective of this appointment is to bolster the ACCC's capacity to effectively enforce competition and consumer laws by incorporating the specialised skills and knowledge of Stephen Ridgeway, who is appointed as an associate member on a part-time basis. This appointment is intended to enhance the ACCC's regulatory capabilities, ensuring that it can better uphold and implement consumer protection and competition policies across Australia.

Scope and Application

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2024 instrument appoints Stephen Ridgeway as an associate member of the Australian Competition and Consumer Commission (ACCC) on a part-time basis for a term spanning from 27 June 2024 to 26 June 2027. This appointment is made under subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010, highlighting the legislative framework that governs the appointment of associate members to the ACCC. As an associate member, Stephen Ridgeway is expected to contribute to the ACCC’s regulatory activities, which encompass a wide range of industries and transactions that fall under the purview of the Competition and Consumer Act. The appointment operates within the national jurisdiction of Australia, reinforcing the Commonwealth’s role in ensuring fair competition and protecting consumer rights across the country. This instrument does not specify any exclusions, exemptions, or thresholds, thereby implying that Stephen Ridgeway’s role will be subject to the full extent of the Competition and Consumer Act 2010.

Key Provisions

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 3) 2024 instrument (F2024N00541) primarily concerns the appointment of Stephen Ridgeway as an associate member of the Australian Competition and Consumer Commission (ACCC) (section 1). This appointment is made under subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010 and is effective on a part-time basis, from 27 June 2024 until 26 June 2027 (section 1). The Act imposes specific obligations on the appointed associate member, Stephen Ridgeway, who is expected to contribute to the responsibilities and duties of the ACCC in his part-time capacity. This includes participating in the enforcement of competition and consumer laws, providing expert advice, and assisting in the overall administration of the ACCC (section 2). Ridgeway’s role will involve working closely with the ACCC's full-time members and staff to ensure the effective enforcement of relevant legislation and the protection of consumers' rights. Breach of the duties and responsibilities outlined in the Competition and Consumer Act 2010 can lead to serious consequences. Under the Act, any individual who fails to perform their duties as an associate member of the ACCC may face legal action, including civil or criminal penalties (section 3). The penalties for non-compliance can be substantial, potentially including fines and imprisonment, depending on the severity and nature of the breach (section 3). The maximum penalties are determined by the specific provisions of the Competition and Consumer Act 2010 and can vary based on the circumstances of the offence.