Australian Competition Tribunal – Part-Time President, Deputy Presidents and Members – Appointment (No. 1) 2023

Overview

The Australian Competition Tribunal – Part-Time President, Deputy Presidents and Members – Appointment (No. 1) 2023 Instrument (F2023N00058) was enacted to fill significant roles within the Australian Competition Tribunal (ACT), a body established under the Competition and Consumer Act 2010. This instrument was issued by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, under subsection 30(3) of the Act. The primary objective of this legislation is to ensure the effective functioning of the ACT by appointing a President and Deputy Presidents, as well as Members, on a part-time basis for a period of five years. This appointment process aims to maintain the tribunal's capacity to handle competition and consumer matters efficiently and impartially. The appointments, effective from specific dates in 2023, are designed to address the need for experienced and qualified individuals to lead and participate in the tribunal's decision-making processes. By appointing Michael O’Bryan as President and Sarah Derrington, Kylie Downes, John Halley, and Mark Moshinsky as Deputy Presidents, alongside Daniel Andrews and Ray Steinwall as Members, the legislation ensures continuity and expertise in adjudicating on competition and consumer issues. This move is crucial in upholding the tribunal’s mandate to provide fair and timely resolutions to disputes, thereby maintaining market integrity and consumer protection in Australia.

Scope and Application

The F2023N00058 (Notifiable instrument) Australian Competition Tribunal – Part-Time President, Deputy Presidents and Members – Appointment (No. 1) 2023I pertains specifically to the appointment of key roles within the Australian Competition Tribunal (ACT), a statutory tribunal established under the Competition and Consumer Act 2010. This notifiable instrument designates Michael O’Bryan as the President of the ACT on a part-time basis, serving for a period of five years commencing from 26 March 2023. Additionally, it appoints Sarah Derrington, Kylie Downes, John Halley, and Mark Moshinsky as Deputy Presidents, each on a part-time basis for the same five-year term starting from the day following the registration of this instrument on the Federal Register of Legislation. Furthermore, Daniel Andrews and Ray Steinwall are appointed as Members of the ACT, also on a part-time basis, for a term of five years beginning on 1 April 2023. This appointment process is carried out by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council under subsection 30(3) of the Competition and Consumer Act 2010. The legislation is applicable within the Commonwealth of Australia, impacting the judicial structure of the ACT and thereby extending its influence over matters adjudicated by the tribunal. There are no stated exclusions or exemptions in this particular notifiable instrument, nor does it reference any subordinate instruments extending or restricting its application.

Key Provisions

The main operative sections of this notifiable instrument, F2023N00058, pertain to the appointments made under the Competition and Consumer Act 2010. Section (1)(a) appoints Michael O’Bryan as the President of the Australian Competition Tribunal on a part-time basis for a period of five years commencing on 26 March 2023. Section (1)(b) appoints Sarah Derrington, Kylie Downes, John Halley, and Mark Moshinsky as Deputy Presidents, each on a part-time basis for a period of five years, starting the day after this instrument is registered on the Federal Register of Legislation. Finally, section (1)(c) appoints Daniel Andrews and Ray Steinwall as Members of the Tribunal, also on a part-time basis for a period of five years starting on 1 April 2023. These appointments are made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These appointments impose specific obligations and requirements on the individuals named. As President, Michael O’Bryan will oversee the operations of the Australian Competition Tribunal and ensure that it functions effectively and efficiently. The Deputy Presidents, Sarah Derrington, Kylie Downes, John Halley, and Mark Moshinsky, will assist the President and may preside over hearings and decision-making processes when required. Daniel Andrews and Ray Steinwall, as Members, will participate in the Tribunal’s proceedings, providing expert insights and contributing to the overall administration of competition and consumer law in Australia. All appointees are expected to act with integrity, impartiality, and in the public interest, adhering to the duties and responsibilities outlined in their respective roles. The notifiable instrument does not explicitly state offences, penalties, or civil/criminal consequences for breach. However, the general duties and responsibilities of Tribunal members under the Competition and Consumer Act 2010 include adherence to the principles of natural justice and procedural fairness. Failure to uphold these principles or act in accordance with their roles could result in potential legal challenges or disciplinary actions. While specific penalties are not outlined in this instrument, breaches of duty or misconduct may lead to removal from office, as per the provisions of the Act. Additionally, any legal proceedings resulting from non-compliance could incur costs and liabilities for the individuals involved.