Australian Competition and Consumer Commission – Full-time Member and Deputy Chairperson –Reappointment (No. 1) 2023

Overview

The Australian Competition and Consumer Commission – Full-time Member and Deputy Chairperson – Reappointment (No. 1) 2023 Instrument, enacted on 25 May 2023, reappointed Michael Keogh OAM as a full-time member and Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC) for a five-year term commencing on 30 May 2023. This legislative instrument was issued under the authority of the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in accordance with subsections 7(2) and 10(1) of the Competition and Consumer Act 2010. The primary objective of this reappointment is to ensure continuity and stability within the ACCC, maintaining its capacity to enforce and regulate competition and consumer laws effectively.

Scope and Application

The F2023N00137 Notifiable Instrument pertains to the reappointment of Michael Keogh OAM as a full-time member and Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC) for a term of five years. This legislation is underpinned by the Competition and Consumer Act 2010, specifically under subsections 7(2) and 10(1). The scope of this Act applies directly to Michael Keogh OAM, who is being reappointed to his existing role within the ACCC. The Act is a Commonwealth instrument and thus has a national jurisdictional reach, impacting the operations and decisions of the ACCC across Australia. The reappointment is intended to ensure continuity in leadership and expertise within the ACCC, which plays a crucial role in enforcing consumer protection laws and regulating competition in the Australian market. The Act does not explicitly state any exclusions or exemptions but is rooted within the broader legislative framework of the Competition and Consumer Act 2010, which might include other provisions governing the operations and responsibilities of the ACCC.

Key Provisions

The legislation F2023N00137, titled "Australian Competition and Consumer Commission – Full-time Member and Deputy Chairperson – Reappointment (No. 1) 2023", outlines the reappointment of Michael Keogh OAM as a full-time member and Deputy Chairperson of the Australian Competition and Consumer Commission (ACCC). This reappointment is effective from 30 May 2023 and will last for a period of five years (section 1). The reappointment is made under subsections 7(2) and 10(1) of the Competition and Consumer Act 2010, providing the legal basis for this action. The primary operative sections of this legislation ensure that Michael Keogh OAM is formally reappointed to his position, which is critical for maintaining the integrity and functionality of the ACCC. His role as a full-time member and Deputy Chairperson involves participating in the enforcement of competition and consumer laws, contributing to policy development, and ensuring that the ACCC operates effectively within the legal framework established by the Competition and Consumer Act 2010. This reappointment is significant as it continues the stability and expertise within the ACCC, which is vital for the enforcement of these laws and the protection of consumer rights and fair trading practices. Michael Keogh OAM's reappointment imposes several obligations on him. As a full-time member and Deputy Chairperson of the ACCC, he is required to dedicate himself fully to the responsibilities of the role, which include participating in decision-making processes, ensuring compliance with competition and consumer laws, and representing the ACCC in various capacities both domestically and internationally. Additionally, he must adhere to the ethical standards and codes of conduct applicable to public office holders, ensuring that his actions are transparent and in the public interest. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach of the terms of this reappointment. However, by virtue of his position, Michael Keogh OAM is subject to the general legal and ethical obligations imposed on public officials. Any breach of these obligations could lead to disciplinary actions, including potential removal from office, depending on the severity and nature of the breach. Given the importance of the ACCC's role in enforcing competition and consumer laws, any misconduct or failure to fulfil his duties could have significant repercussions, both for Keogh OAM personally and for the ACCC's operations.