Australian Competition and Consumer Commission – Full-Time Chairperson – Appointment (No. 1) 2021

Overview

The Australian Competition and Consumer Commission – Full-Time Chairperson – Appointment (No. 1) 2021 Instrument is a notifiable instrument enacted in 2021, establishing the appointment of Gina Cass-Gottlieb as the full-time Chairperson of the Australian Competition and Consumer Commission (ACCC) for a period of five years. This legislation was introduced to ensure that the ACCC, an essential body responsible for enforcing the Competition and Consumer Act 2010, has strong and stable leadership. The appointment was made 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 under the authority granted by subsection 7(2) of the Competition and Consumer Act 2010. The policy objective of this legislation is to provide the ACCC with a dedicated and experienced leader to effectively manage and direct the Commission in its crucial role of promoting competition and protecting consumers within Australia's marketplace.

Scope and Application

The F2021N00318 (Notifiable instrument) is a legislative instrument issued under the Competition and Consumer Act 2010. This instrument applies to the appointment of Gina Cass-Gottlieb as the full-time Chairperson of the Australian Competition and Consumer Commission (ACCC) for a specified term of five years starting from 21 March 2022. The instrument is issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This appointment pertains directly to an individual, Gina Cass-Gottlieb, and her role within the ACCC, a federal body responsible for enforcing competition and consumer laws in Australia. The jurisdiction of this instrument is national, as it pertains to a federal statutory body, and it does not specify any exclusions, exemptions, or thresholds. The instrument itself does not extend or restrict application through subordinate instruments but rather serves to formalise the appointment process under the relevant federal legislation.

Key Provisions

The legislation, Australian Competition and Consumer Commission – Full-Time Chairperson – Appointment (No. 1) 2021I, establishes the appointment of Gina Cass-Gottlieb as the full-time Chairperson of the Australian Competition and Consumer Commission (ACCC) for a term of five years, commencing on 21 March 2022. This appointment is made under subsection 7(2) of the Competition and Consumer Act 2010 and is signed by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, on 16 December 2021. The document is issued with His Excellency's command and is countersigned by Josh Frydenberg, the Treasurer. Under this legislation, Gina Cass-Gottlieb is appointed to a pivotal role within the ACCC, tasked with leading and managing the enforcement of consumer protection laws and competition regulations. Her primary responsibilities will include overseeing investigations into anti-competitive conduct and ensuring compliance with the Competition and Consumer Act 2010. This appointment signifies a significant leadership change within the ACCC, and Ms. Cass-Gottlieb will be expected to guide the Commission in its mission to protect consumers and promote competition in the Australian marketplace. The Act imposes several obligations on Gina Cass-Gottlieb as the Chairperson of the ACCC. Firstly, she must dedicate her efforts to the full-time role, ensuring that the ACCC effectively enforces consumer protection and competition laws. This includes making informed decisions on investigations, prosecutions, and other regulatory activities, as well as representing the ACCC in public forums and before the courts. Furthermore, she is required to collaborate with other government agencies, stakeholders, and the public to foster a competitive and fair marketplace. Additionally, she must maintain the highest standards of integrity and impartiality in her duties, avoiding any conflicts of interest. Failure to comply with the obligations and duties outlined in the Act may result in various consequences. While the specific penalties for non-compliance are not detailed in the legislation, breaches of the Competition and Consumer Act 2010 can lead to both civil and criminal penalties. Civil penalties may include fines, compensation payments, and orders for redress. In more severe cases, criminal offences can result in imprisonment, with maximum penalties varying depending on the specific provisions of the Act being breached. The ACCC, under the leadership of Ms. Cass-Gottlieb, will continue to monitor compliance and take appropriate action against any violations of the Act.