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

Overview

The Australian Competition and Consumer Commission – Full-time Member and Deputy Chairperson – Appointment and Reappointment (No. 1) 2022I was enacted on 29 September 2022. This legislation was introduced to address the need for the continued and effective operation of the Australian Competition and Consumer Commission (ACCC) by ensuring that it has adequately qualified and experienced members. Enacted by the Governor-General of the Commonwealth of Australia, the Honourable David Hurley AC DSC (Retd), under the advice of the Federal Executive Council and pursuant to the Competition and Consumer Act 2010, the instrument reappoints Delia Rickard as a full-time member and Deputy Chairperson of the ACCC for a period of three months and appoints Catriona Lowe as a full-time member and Deputy Chairperson for a period of five years. The policy objective is to maintain the integrity and efficacy of the ACCC in its enforcement and regulatory functions related to competition and consumer protection.

Scope and Application

The instrument F2022N00237 pertains to the appointment and reappointment of individuals to the Australian Competition and Consumer Commission (ACCC) and is enacted under the authority of the Competition and Consumer Act 2010. Specifically, it reappoints Delia Rickard as a full-time member and Deputy Chairperson of the ACCC for a term of three months from 27 October 2022, and appoints Catriona Lowe as a full-time member and Deputy Chairperson for a period of five years beginning on 27 January 2023. The appointments are made by the Governor-General, with advice from the Federal Executive Council, under the specified subsections of the Act. This notifiable instrument ensures that the ACCC maintains appropriate leadership and expertise in its role of enforcing and administering the competition and consumer laws in Australia. The appointments are national in scope, impacting the operation and governance of the ACCC across the Commonwealth.

Key Provisions

The main operative sections of the Australian Competition and Consumer Commission – Full-time Member and Deputy Chairperson – Appointment and Reappointment (No. 1) 2022I (the Instrument) involve the reappointment of Delia Rickard as a full-time member and Deputy Chairperson for a period of three months (section 1(a)), and the appointment of Catriona Lowe as a full-time member and Deputy Chairperson for a period of five years (section 1(b)). These provisions aim to ensure that the Australian Competition and Consumer Commission (ACCC) has the necessary personnel in place to carry out its functions effectively. The Instrument imposes specific obligations on the ACCC in relation to the appointments and reappointments it facilitates. For Delia Rickard, the reappointment must take effect from 27 October 2022, and it will last for three months (section 1(a)). For Catriona Lowe, the appointment must take effect from 27 January 2023, and it will last for five years (section 1(b)). These provisions ensure that the ACCC has continuity in its leadership, allowing for seamless operation and decision-making in the enforcement of competition and consumer laws. Breach of the terms set out in this Instrument could potentially lead to various consequences, although specific offences, penalties, or civil/criminal consequences are not detailed within the text of the Instrument itself. However, under the Competition and Consumer Act 2010, there are broader provisions that may apply if the terms of these appointments or the functions of the ACCC are otherwise contravened. For instance, serious breaches of the Act could lead to criminal charges, with penalties that can include substantial fines and imprisonment terms. Civil penalties might also apply, which can include fines up to the statutory maximum amounts prescribed by law. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Competition and Consumer Act 2010 that are applicable.