Australian Competition and Consumer Commission (Associate Member) Appointment (No. 4) 2024

Overview

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 4) 2024I is a legislative instrument issued under the authority of the Competition and Consumer Act 2010. Enacted in 2024, it addresses the need to enhance the expertise and capacity of the Australian Competition and Consumer Commission (ACCC) by appointing Nerida O’Loughlin as an associate member on a part-time basis. This appointment is intended to support the ACCC's role in enforcing competition and consumer laws, thereby ensuring fair trading practices and protecting consumers in Australia. The policy objective of this appointment is to bolster the ACCC's capabilities in addressing competition and consumer issues, contributing to the overall effectiveness of the regulatory framework.

Scope and Application

The Australian Competition and Consumer Commission (Associate Member) Appointment (No. 4) 2024I appoints Nerida O’Loughlin as an associate member of the Australian Competition and Consumer Commission on a part-time basis, establishing her role within the ACCC and delineating her term from the day following the registration of this instrument on the Federal Register of Legislation until 13 October 2027. This legislation is enacted under subsections 8A(1) and 8A(3) of the Competition and Consumer Act 2010, thereby integrating O’Loughlin into the existing framework of the ACCC. The appointment applies specifically to Nerida O’Loughlin and pertains to her role and duties as an associate member within the Commission. The scope of the Act is limited to the specified appointment and does not extend to other individuals or entities unless otherwise provided for by subordinate instruments or additional legislative instruments.

Key Provisions

The main operative sections of this legislation, F2024N00991, pertain to the appointment of Nerida O'Loughlin as an associate member of the Australian Competition and Consumer Commission (ACCC) under the Competition and Consumer Act 2010. Section 8A(1) and 8A(3) of the Act provide the authority for such an appointment, allowing the Assistant Minister for Competition, Charities and Treasury to appoint an associate member on a part-time basis. The period of appointment, as specified in the notifiable instrument, begins on the day after the instrument is registered on the Federal Register of Legislation and ends on 13 October 2027. This appointment comes with specific obligations and requirements for Nerida O'Loughlin as an associate member. While the exact duties and responsibilities may be detailed in other parts of the Competition and Consumer Act 2010, the associate member is expected to assist in carrying out the functions and exercising the powers of the ACCC, particularly in the capacity specified as part-time. This likely involves participating in investigations, hearings, and decision-making processes related to competition and consumer law, though not necessarily to the same extent as a full-time member. Regarding consequences for breach, the notifiable instrument itself does not detail specific offences, penalties, or civil/criminal consequences directly related to the appointment. However, any actions taken by Nerida O'Loughlin as an associate member that contravene the Competition and Consumer Act 2010 could potentially lead to disciplinary action under the Act. This might include fines, corrective orders, or other legal remedies available under the Act. Additionally, if the breach is severe enough, it could lead to criminal charges, with penalties varying according to the specific provisions of the Act that are contravened.