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

Overview

The Australian Competition and Consumer Commission – Members – Appointment and Reappointment (No. 1) 2025I was enacted to address the need for the continued leadership and expertise of the Australian Competition and Consumer Commission (ACCC). This notifiable instrument was introduced by the Honourable Sam Mostyn AC, the Governor-General of the Commonwealth of Australia, on the advice of the Federal Executive Council and in accordance with subsection 7(2) of the Competition and Consumer Act 2010. The primary objective of this legislation is to ensure the ongoing effective operation of the ACCC by appointing Ian James Oppermann as a full-time member for a five-year term starting on 10 December 2025, and to reappoint Anna Brakey for another five-year term from the same date. This reappointment and new appointment underscore the importance of maintaining a robust and experienced body to oversee and enforce competition and consumer laws in Australia.

Scope and Application

The Australian Competition and Consumer Commission – Members – Appointment and Reappointment (No. 1) 2025I Act pertains to the appointment and reappointment of members of the Australian Competition and Consumer Commission (ACCC), a statutory body responsible for enforcing the Competition and Consumer Act 2010. Specifically, this legislation appoints Ian James Oppermann as a full-time member for a period of five years commencing on 10 December 2025, and reappoints Anna Brakey for another five-year term starting on the same date. The appointments are made by the Honourable Sam Mostyn AC, the Governor-General of the Commonwealth of Australia, on the advice of the Federal Executive Council, under the authority granted by subsection 7(2) of the Competition and Consumer Act 2010. This Act applies directly to the individuals named within it and indirectly to the broader entities and industries overseen by the ACCC, which includes all businesses and consumers within Australia. The geographic reach of this legislation is national, as it applies throughout the Commonwealth of Australia, and there are no stated exclusions or exemptions within the text. Subordinate instruments may further detail the roles and responsibilities of the appointed members but are not explicitly mentioned in this particular notifiable instrument.

Key Provisions

The main operative sections of this notifiable instrument, Australian Competition and Consumer Commission – Members – Appointment and Reappointment (No. 1) 2025I, pertain to the appointments of Ian James Oppermann and Anna Brakey to the Australian Competition and Consumer Commission (ACCC). Specifically, section 1 appoints Ian James Oppermann as a member of the ACCC on a full-time basis for a period of five years starting from 10 December 2025, while section 2 reappoints Anna Brakey to the same position for the same duration and conditions. These provisions are straightforward, ensuring that the specified individuals will serve on the ACCC for the designated term. The obligations and requirements imposed by this legislation on the parties involved are primarily related to the terms of the appointments. Ian James Oppermann and Anna Brakey are to serve in their roles as full-time members of the ACCC. The appointments are for a fixed period of five years, which begins on 10 December 2025. Both appointees are expected to fulfil their duties in accordance with the Competition and Consumer Act 2010, which governs the operations and responsibilities of the ACCC. The notifiable instrument also implies that these individuals will be involved in activities such as enforcing competition laws, protecting consumers, and ensuring fair trading practices in Australia. In terms of potential consequences for breach, the notifiable instrument itself does not detail specific offences or penalties. However, any breaches of the obligations or requirements stemming from their roles as ACCC members would likely be addressed under the broader provisions of the Competition and Consumer Act 2010. For instance, if a member fails to perform their duties or violates the Act, they could face disciplinary action, which might include termination of their appointment. Additionally, any serious misconduct could lead to civil or criminal penalties as outlined in the Act, with potential maximum penalties varying depending on the nature and severity of the offence. The Act provides for substantial fines and, in some cases, imprisonment for serious violations, reinforcing the importance of adhering to the legislative framework governing the ACCC.