Australian Competition and Consumer Commission – Full-time Member – Appointment (No. 1) 2024

Overview

The Australian Competition and Consumer Commission – Full-time Member – Appointment (No. 1) 2024 Instrument was enacted to address the need for qualified and experienced individuals to serve as full-time members of the Australian Competition and Consumer Commission (ACCC). This instrument was introduced to ensure that the ACCC, an independent statutory authority responsible for enforcing competition and consumer laws, has the necessary expertise to effectively carry out its duties. The enactment of this instrument by the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council, is pursuant to subsection 7(2) of the Competition and Consumer Act 2010. The policy objective is to bolster the ACCC's capability to uphold and promote competition and consumer protection, thereby fostering a fair and efficient marketplace within Australia.

Scope and Application

The appointment of Philip Williams as a full-time member of the Australian Competition and Consumer Commission (ACCC) under the Competition and Consumer Act 2010 is intended to reinforce the ACCC’s capacity to enforce consumer protection laws and competition policy within Australia. This Act applies to the member appointed, thereby extending its influence to individuals, businesses, and various industries across the Commonwealth of Australia. The geographic reach of this appointment is national, as it pertains to the enforcement and administration of federal competition and consumer laws. This legislation does not explicitly state any exclusions, exemptions, or thresholds within the scope of the appointment itself; however, the ACCC's broader mandate under the Competition and Consumer Act 2010 governs its operational parameters and jurisdiction. The application of this appointment may be further detailed or extended through subordinate instruments issued by the ACCC, ensuring that the member's role and responsibilities are comprehensively defined and implemented in accordance with the overarching legislative framework.

Key Provisions

The primary provision of F2024N00540 is the appointment of Philip Williams as a full-time member of the Australian Competition and Consumer Commission (ACCC) (section 1). This appointment is for a term of five years, starting on 27 June 2024. The legislation clearly outlines the duration and commencement date of the appointment, ensuring there is no ambiguity regarding the tenure of the role. This provision is made under the authority granted by subsection 7(2) of the Competition and Consumer Act 2010, thereby solidifying the legal basis for the appointment. The appointment of Philip Williams as a full-time member of the ACCC imposes specific obligations on him. As a member, he will be expected to contribute to the enforcement and administration of the Competition and Consumer Act 2010. This role entails participating in decision-making processes, attending to investigations and hearings, and collaborating with other members of the ACCC to ensure compliance with consumer protection laws. His responsibilities will be guided by the overarching mission of the ACCC to promote competition and fair trading in the Australian market. Failure to adhere to the duties and responsibilities outlined by the Act may result in various consequences. While the specific penalties for breach are not detailed in the notifiable instrument itself, the Competition and Consumer Act 2010 provides a framework for addressing non-compliance. Generally, breaches of the Act can lead to civil penalties, which may include fines up to $1.1 million for corporations and $220,000 for individuals, depending on the severity of the breach. In more serious cases, criminal penalties may apply, which can result in substantial fines and imprisonment. These measures are designed to ensure that members of the ACCC perform their duties with integrity and diligence, upholding the law and protecting consumers' interests.