Australian Competition and Consumer Commission – Full-time Acting Member and Deputy Chairperson – Reappointment (No. 1) 2022

Overview

The Australian Competition and Consumer Commission – Full-time Acting Member and Deputy Chairperson – Reappointment (No. 1) 2022 Instrument (F2022N00170) was enacted in 2022 to facilitate the continuation of Delia Rickard's role as a full-time acting member and full-time acting Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC). This reappointment was made under the authority granted by the Competition and Consumer Act 2010, specifically subsections 7(2) and 10(1), ensuring that Rickard's term extends for three months starting from 27 July 2022. The reappointment was issued by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, thereby addressing the need for continuity in the leadership of the ACCC, which plays a crucial role in enforcing consumer protection laws and promoting competition in the marketplace. The underlying policy objective is to maintain the effective administration of the Act, ensuring robust oversight and enforcement of competition and consumer laws.

Scope and Application

The F2022N00170 notifiable instrument pertains to the reappointment of Delia Rickard as a full-time acting member and full-time acting Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC) for a period of three months starting from 27 July 2022. This reappointment is made under subsections 7(2) and 10(1) of the Competition and Consumer Act 2010. The Act applies to Delia Rickard as an individual and to the ACCC as an entity, with the focus on the roles and responsibilities of the ACCC in enforcing and regulating competition and consumer laws across Australia. The geographic and jurisdictional reach of this Act is national, covering all states and territories within the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in this particular notifiable instrument; however, the Competition and Consumer Act 2010, under which this reappointment is made, does contain provisions that exclude certain entities or activities from its application. Additionally, the application of the Act may be extended or restricted through subordinate instruments issued under the authority of the Act.

Key Provisions

The main operative sections of this legislation, the Australian Competition and Consumer Commission – Full-time Acting Member and Deputy Chairperson – Reappointment (No. 1) 2022I, pertain to the reappointment of Delia Rickard as a full-time acting member and full-time acting Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC). This reappointment is effective for a period of three months, starting on 27 July 2022, as stated in section 1 of the instrument. Section 2 outlines the authority for this reappointment, citing subsections 7(2) and 10(1) of the Competition and Consumer Act 2010, executed by the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council. The Act imposes certain obligations and requirements on the parties it governs. Primarily, it mandates that the reappointment of Delia Rickard be carried out in accordance with the authority provided by the Competition and Consumer Act 2010. This includes ensuring that all procedural and formal requirements are met, as outlined in the Act, to legally effectuate her reappointment. The Act also stipulates that the reappointment is to be for the specific duration of three months, a detail which is critical to the terms of her acting role. Should any party fail to comply with the requirements and obligations stipulated in the Act, the legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, it is understood that any non-compliance with the terms of the Competition and Consumer Act 2010, under which this reappointment is authorised, could potentially lead to legal repercussions. These could range from administrative actions to more severe penalties, depending on the nature and severity of the breach. The maximum penalties for breaches under the Competition and Consumer Act 2010 can be significant, often including substantial fines and, in severe cases, imprisonment.