Australian Competition and Consumer Commission – Member – Appointment (No. 1) 2025

Overview

The Australian Competition and Consumer Commission – Member – Appointment (No. 1) 2025I was enacted in 2025 to fill a vacancy on the Australian Competition and Consumer Commission (ACCC) and to ensure the continued effective functioning of the ACCC. This instrument was issued by the Honourable Sam Mostyn AC, the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council under subsection 7(2) of the Competition and Consumer Act 2010. The policy objective of this appointment is to maintain the ACCC’s capacity to enforce competition and consumer laws, thereby protecting consumers and ensuring fair trading practices across Australia. The appointment of Luke Woodward as a full-time member for a period of five years aims to uphold the integrity and efficiency of the ACCC in addressing anti-competitive behaviour and consumer protection issues.

Scope and Application

The Australian Competition and Consumer Commission – Member – Appointment (No. 1) 2025I, executed under the authority vested in the Governor-General, appoints Luke Woodward as a full-time member of the Australian Competition and Consumer Commission for a term of five years. This appointment is made pursuant to subsection 7(2) of the Competition and Consumer Act 2010, which governs the framework within which the ACCC operates. The ACCC, being a Commonwealth body, is responsible for enforcing consumer protection laws and regulating competition within the Australian market. Its purview includes overseeing and investigating anti-competitive behaviour, mergers, and market conduct across various industries. The appointment of Luke Woodward is intended to bolster the ACCC's capacity to effectively implement these regulatory functions, ensuring compliance with consumer protection and competition laws, and facilitating fair market practices. The appointment is subject to the terms and conditions outlined in the Competition and Consumer Act 2010, and may be further defined through subordinate instruments that extend or clarify the scope of the ACCC's jurisdiction and authority.

Key Provisions

The Australian Competition and Consumer Commission – Member – Appointment (No. 1) 2025I (F2025N00810) sets forth the appointment of Luke Woodward as a member of the Australian Competition and Consumer Commission (ACCC) under the authority of the Competition and Consumer Act 2010. According to section 7(2) of the Act, Luke Woodward is appointed on a full-time basis for a term of five years, which commences on the fifth business day following the signing of this instrument. This legislative instrument explicitly details the appointment and the commencement of Luke Woodward’s tenure as an ACCC member, ensuring clarity and formal recognition of his role. The Act imposes specific obligations on Luke Woodward, who is now a member of the ACCC. His duties will include participating in the enforcement of the Competition and Consumer Act 2010, contributing to the development and implementation of policies aimed at protecting consumers and ensuring fair competition within the Australian marketplace. Furthermore, he will be responsible for attending and contributing to meetings, decision-making processes, and any investigations conducted by the ACCC, ensuring that all activities comply with the legislative framework and statutory objectives. Failure to adhere to the obligations set forth by the Act may result in various consequences. The Competition and Consumer Act 2010 includes provisions for both civil and criminal penalties. Civil penalties for breaches of the Act can include fines up to $1.5 million for corporations and $300,000 for individuals, as outlined in section 13G of the Act. Additionally, criminal offences under the Act may result in penalties of up to $300,000 for individuals and $1.5 million for corporations, as stated in section 13H. These penalties are intended to enforce compliance and deter non-compliance with the provisions of the Act. Furthermore, persistent or egregious breaches may lead to further scrutiny, potential sanctions, or even termination of appointment, depending on the severity of the breach and the discretion of the relevant authorities.