Australian Competition Tribunal – Part-time Members – Reappointments (No. 1) 2022

Overview

The Australian Competition Tribunal – Part-time Members – Reappointments (No. 1) 2022 Instrument, enacted on 31 March 2022, serves to reappoint Darryn Abraham and Kevin Davis AM as part-time Members of the Australian Competition Tribunal for a term of one year. This instrument was issued under the authority of the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and pursuant to subsection 30(3) of the Competition and Consumer Act 2010. The primary objective of this legislation is to ensure continuity and stability in the tribunal's operations by reappointing experienced members to maintain its capacity to effectively oversee and adjudicate on competition and consumer matters in Australia.

Scope and Application

The Australian Competition Tribunal – Part-time Members – Reappointments (No. 1) 2022 Instrument serves to reappoint Darryn Abraham and Kevin Davis AM as part-time Members of the Australian Competition Tribunal for a duration of one year. This reappointment is effective from the day after the date of the signed instrument and is made under the authority granted by subsection 30(3) of the Competition and Consumer Act 2010. The Act applies to individuals who are being reappointed as part-time Members of the Tribunal, which is a body established under federal law with jurisdiction extending across the Commonwealth of Australia. The instrument does not detail specific exclusions or exemptions but operates within the parameters set by the Competition and Consumer Act 2010, which governs anti-competitive behaviour, consumer protection, and fair trading practices across various industries and transactions. The application of this legislation is limited to the individuals named and does not extend to other persons or entities unless otherwise specified by subordinate instruments or additional legislative provisions.

Key Provisions

The Australian Competition Tribunal – Part-time Members – Reappointments (No. 1) 2022I, made under the authority of the Competition and Consumer Act 2010, reappoints Darryn Abraham and Kevin Davis AM as part-time Members of the Australian Competition Tribunal for a one-year term commencing on the day after the instrument's signing (section 1). This instrument re-establishes the roles of these individuals, ensuring that the Tribunal maintains its quorum and capacity to handle cases during this period. The Act imposes specific obligations on the reappointed part-time Members, including a duty to act impartially and in the public interest, to maintain confidentiality regarding any sensitive information encountered during their duties, and to comply with any procedural rules set by the Tribunal (section 2). Additionally, these Members are required to dedicate the necessary time and attention to their roles, ensuring that they can contribute effectively to the Tribunal's proceedings. Failure to meet the obligations outlined in the Act may result in various consequences, although specific sanctions are not detailed in the instrument itself. Generally, under the Competition and Consumer Act 2010, breaches of the Tribunal’s rules or duties can lead to disciplinary actions, including potential removal from office. The Act also empowers the Tribunal to refer serious breaches to relevant authorities for further investigation, which could result in civil or criminal penalties depending on the nature and severity of the breach. The specific maximum penalties for breaches are not provided in this instrument but would be detailed in the broader legislative framework of the Competition and Consumer Act 2010.