Competition and Consumer (Australian Competition and Consumer Commission—Standing Acting Arrangements) Appointment 2024
I, Jim Chalmers, Treasurer, make the following appointments.
Dated 26 November 2024
Dr Jim Chalmers
Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Standing acting arrangements for the Chairperson of the Australian Competition and Consumer Commission
5 Standing acting arrangements for the Chairperson
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Australian Competition and Consumer Commission—Standing Acting Arrangements) Appointment 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Competition and Consumer Act 2010.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
senior available appointee has the meaning given by subsection 5(2).
the Act means the Competition and Consumer Act 2010.
Part 2—Standing acting arrangements for the Chairperson of the Australian Competition and Consumer Commission
5 Standing acting arrangements for the Chairperson
(1) Under subsection 11(2) of the Act, during all periods when the Chairperson is absent from duty or from Australia, the person determined in accordance with subsections (2) to (4) is appointed to act as Chairperson.
(2) For the purposes of this instrument, the senior available appointee at a particular time is a person who, at that time, satisfies all of the following:
(a) is a member of the Commission;
(b) is not absent from duty or from Australia;
(c) has not, during a vacancy in the office of Chairperson or absence of the Chairperson, continued to act as Chairperson for a period of more than 12 months;
(c) has advised that they are available to act as Chairperson;
(d) is highest in the following list:
(i) Mick Keogh;
(ii) Catriona Lowe;
(iii) Anna Brakey;
(iv) Peter Crone;
(v) Liza Carver;
(vi) Philip Williams.
(3) The senior available appointee at the start of a period when Chairperson is absent from duty or from Australia, is to act as Chairperson during that period.
(4) However, if a person who is acting as Chairperson during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as Chairperson during the remainder of that period.
(5) Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to the Chairperson under section 9 of the Act.
Overview
The Competition and Consumer (Australian Competition and Consumer Commission—Standing Acting Arrangements) Appointment 2024 was enacted to establish a clear framework for the acting arrangements of the Chairperson of the Australian Competition and Consumer Commission (ACCC) when they are absent from duty or from Australia. This notifiable instrument was made under the authority of the Competition and Consumer Act 2010. The primary objective is to ensure continuity in the leadership of the ACCC by specifying who can act as Chairperson in the absence of the official Chairperson, thereby maintaining the operational effectiveness of the Commission. The instrument names six individuals who can act as the Chairperson in a specific order of seniority, ensuring that there is always a qualified person available to fulfill the role during any period of absence.
Scope and Application
The Competition and Consumer (Australian Competition and Consumer Commission—Standing Acting Arrangements) Appointment 2024 establishes the protocol for appointing an acting Chairperson of the Australian Competition and Consumer Commission (ACCC) during periods when the Chairperson is absent from duty or from Australia. This appointment is made under the authority of the Competition and Consumer Act 2010 and applies to the Commonwealth of Australia. The standing acting arrangements identify the sequence of senior available appointees who can act as the Chairperson when required. The person who is highest in the specified list and meets the criteria of being a member of the Commission, not absent from duty or from Australia, having not acted as Chairperson for more than 12 months during a vacancy or absence, and being available to act, is appointed to act as Chairperson. This appointment is on the same terms and conditions as those applying to the Chairperson under section 9 of the Act. Any other provisions not specifically mentioned in the table for commencement are not part of the instrument and may be subject to later amendments.
Key Provisions
The Competition and Consumer (Australian Competition and Consumer Commission—Standing Acting Arrangements) Appointment 2024 sets out the framework for the appointment of a standing acting Chairperson for the Australian Competition and Consumer Commission (ACCC) when the regular Chairperson is absent from duty or from Australia. This arrangement is governed by subsection 11(2) of the Competition and Consumer Act 2010 (the Act) (section 5(1)). According to the Act, the senior available appointee, as defined in subsections 5(2) to 5(4), is appointed to act as Chairperson during such periods. The senior available appointee is determined by a specific hierarchy, with Mick Keogh at the top, followed by Catriona Lowe, Anna Brakey, Peter Crone, Liza Carver, and Philip Williams (section 5(2)(d)). The appointee at the start of the absence acts as Chairperson until they cease to be the senior available appointee, at which point the new senior available appointee takes over (section 5(3) and (4)).
The Act imposes several obligations on the parties involved. Firstly, any person appointed under this arrangement must be a member of the Commission and must not be absent from duty or from Australia (section 5(2)(a) and (b)). Additionally, the appointee must not have acted as Chairperson for more than 12 months during a vacancy in the office or absence of the Chairperson (section 5(2)(c)). The appointee must also be willing to act as Chairperson and must adhere to the terms and conditions applicable to the Chairperson under section 9 of the Act (section 5(1) and subsection 33A(1) of the Acts Interpretation Act 1901).
The Act also outlines potential consequences for breaches of its provisions. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within this particular instrument, the overarching Competition and Consumer Act 2010 provides a framework for enforcement. Under the Act, breaches can lead to civil penalties, including fines, as well as potential criminal penalties for individuals found guilty of serious offences. The maximum penalties can vary widely depending on the nature and severity of the breach, with fines potentially reaching significant amounts and imprisonment for individuals in cases of serious criminal misconduct. These provisions underscore the importance of compliance with the Act's requirements to ensure the effective functioning of the ACCC and the enforcement of competition and consumer laws in Australia.