Australian Competition and Consumer Commission – Full-Time Member – Appointment 2021

Overview

The Australian Competition and Consumer Commission – Full-Time Member – Appointment 2021 Instrument (F2021N00295) was enacted in 2021 to fill a vacancy in the Australian Competition and Consumer Commission (ACCC). This legislation appoints Liza Carver as a full-time member of the ACCC, effective from 1 March 2022 for a term of five years. The enactment was signed by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, in accordance with subsection 7(2) of the Competition and Consumer Act 2010. This appointment follows the confirmation that Ms Carver is eligible under subsection 7(3) of the same Act. The policy objective of this appointment is to ensure that the ACCC continues to have the necessary expertise and capacity to effectively enforce competition and consumer laws in Australia.

Scope and Application

The F2021N00295 Notifiable Instrument pertains to the appointment of Liza Carver as a full-time member of the Australian Competition and Consumer Commission (ACCC) for a term of five years commencing 1 March 2022. This instrument is grounded in the Competition and Consumer Act 2010, which governs competition and consumer law in Australia, with the aim of ensuring fair trading and protecting consumer rights. The instrument is an official appointment by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, on the advice of the Federal Executive Council, and it confirms Liza Carver's eligibility under the relevant Act. The legislation applies directly to Liza Carver as the appointee, extending its jurisdictional reach across the Commonwealth of Australia, thereby encompassing all states and territories. The instrument does not specify any exclusions, exemptions, or thresholds for this appointment, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The primary provision of the legislation F2021N00295 pertains to the appointment of Liza Carver as a full-time member of the Australian Competition and Consumer Commission (ACCC) (section 1). This appointment is effective from 1 March 2022 and will last for a period of five years. The Governor-General, the Honourable David Hurley AC DSC (Retd), made this appointment on 25 November 2021, acting on the advice of the Federal Executive Council and under the authority granted by subsection 7(2) of the Competition and Consumer Act 2010. The eligibility of Liza Carver for this position is confirmed by subsection 7(3) of the same Act. Under the Competition and Consumer Act 2010, Liza Carver, as a full-time member of the ACCC, will be expected to fulfil a variety of duties and responsibilities. These include participating in the Commission's decision-making processes, contributing to the enforcement of competition and consumer laws, and engaging in activities that promote fair trading practices. The role demands a comprehensive understanding of competition law, consumer protection, and economic principles. Additionally, as a full-time member, Carver will be required to dedicate a significant portion of her professional time to the responsibilities of the ACCC, ensuring that the Commission can effectively execute its mandate. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches in this context. However, the overarching framework under which the ACCC operates includes provisions for various civil and criminal penalties for breaches of the Competition and Consumer Act 2010. For example, individuals found to be in violation of the Act could face substantial fines, and in severe cases, imprisonment. Corporations may incur even larger financial penalties. The specific penalties are determined based on the nature and severity of the breach, with maximum penalties varying depending on the particular provisions of the Act that are contravened. In summary, the legislation appoints Liza Carver as a full-time member of the ACCC, outlines her responsibilities, and confirms her eligibility for the role. While the specific obligations and potential consequences for non-compliance are not detailed in this particular notifiable instrument, they are governed by the broader Competition and Consumer Act 2010, which includes provisions for significant penalties for breaches.