Australian Competition Tribunal – Part-time Member – Appointment (No. 2) 2024

Overview

The Australian Competition Tribunal – Part-time Member – Appointment (No. 2) 2024I was enacted in 2024 to address the need for additional part-time members within the Australian Competition Tribunal. This notifiable instrument was introduced under the authority of subsection 30(3) of the Competition and Consumer Act 2010, with the intention of enhancing the Tribunal's capacity to handle its caseload effectively. The appointment of Jill Walker as a part-time member for a five-year term beginning on 30 March 2025 aims to bolster the Tribunal's capability in adjudicating on competition and consumer matters. This measure ensures the Tribunal can maintain its role in upholding fair competition and protecting consumer interests within the Australian market, thereby addressing a specific gap identified in the Tribunal's operational capacity.

Scope and Application

The Australian Competition Tribunal – Part-time Member – Appointment (No. 2) 2024 instrument pertains to the appointment of Jill Walker as a part-time member of the Australian Competition Tribunal. This appointment is made under the authority granted by subsection 30(3) of the Competition and Consumer Act 2010 and is effective from 30 March 2025 for a term of five years. The Act applies to the individual, Jill Walker, who is appointed to serve on the Australian Competition Tribunal. The Tribunal operates under the Commonwealth jurisdiction, and the appointment is made by the Honourable Sam Mostyn AC, the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council. The instrument itself does not explicitly detail geographic reach, exclusions, exemptions, or thresholds; however, the Competition and Consumer Act 2010 governs conduct and transactions across Australia, and the Tribunal's jurisdiction aligns with this national scope. Any further application or restrictions of the appointment would be governed by the overarching provisions of the Competition and Consumer Act 2010 and any subordinate instruments issued under its authority.

Key Provisions

The Australian Competition Tribunal – Part-time Member – Appointment (No. 2) 2024I, issued under the authority of the Honourable Sam Mostyn AC, Governor-General, and based on subsection 30(3) of the Competition and Consumer Act 2010, formally appoints Jill Walker as a part-time member of the Australian Competition Tribunal. This appointment (Section 1) is effective from 30 March 2025 and is set to last for a term of five years. The legislation specifies the conditions and duration of the appointment, ensuring that the member will serve on the Tribunal for the stipulated period. The Act places certain obligations and requirements on Jill Walker, as a part-time member of the Australian Competition Tribunal. Her role will involve contributing to the Tribunal’s functions, which include hearing and deciding on matters referred to it under the Competition and Consumer Act 2010. This includes cases related to anti-competitive behaviour, mergers, and other consumer protection issues. As a part-time member, she must dedicate sufficient time and effort to her duties, ensuring that she is available for hearings and decision-making processes as required. In the event of a breach of any obligations or requirements imposed by her appointment, the Act does not explicitly outline specific offences or penalties within the text provided. However, given the nature of the role and the responsibilities of a Tribunal member, any failure to fulfil her duties could potentially lead to consequences under the general principles of administrative law or specific provisions of the Competition and Consumer Act 2010. For instance, serious breaches might result in proceedings for misconduct or even termination of the appointment under the relevant provisions of the Public Service Act 1999 or other applicable legislation. The exact consequences would depend on the nature and severity of the breach, but they could include formal disciplinary action or legal proceedings.