Competition and Consumer (Australian Competition Tribunal Acting President) Appointment (No. 1) 2024

Overview

The Competition and Consumer (Australian Competition Tribunal Acting President) Appointment (No. 1) 2024 was enacted in 2024, aiming to address the need for a temporary appointment of an acting President of the Australian Competition Tribunal. This notifiable instrument was introduced by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under subsection 34(1) of the Competition and Consumer Act 2010 and subsection 33A(1) of the Acts Interpretation Act 1901. The policy objective of this legislation is to ensure the continuity of the tribunal's operations by appointing an acting President for a specified period, maintaining the tribunal's capacity to function effectively during a temporary vacancy. The allowance payable to the acting President is also determined in alignment with the remuneration applicable to the President of the tribunal, ensuring consistency and fairness in compensation.

Scope and Application

This notifiable instrument serves to appoint John Halley as the acting President of the Australian Competition Tribunal on a part-time basis for a specific duration, from 2 April 2024 until 28 June 2024. The instrument is enacted under the authority of the Competition and Consumer Act 2010 and the Acts Interpretation Act 1901 by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury. The instrument not only formalises the appointment but also establishes the remuneration for Mr Halley during his tenure, which is set at $2,588 per year, pro-rated for the specified period, in accordance with the allowance applicable to the President of the Australian Competition Tribunal as determined by the Remuneration Tribunal. This legislative action pertains to the judicial and administrative functions of the Australian Competition Tribunal, ensuring continuity in its operations and decision-making processes during the interim appointment period.

Key Provisions

The main provisions of this notifiable instrument, F2024N00245, include the appointment of John Halley as the acting President of the Australian Competition Tribunal on a part-time basis from 2 April 2024 to 28 June 2024 (a), and the determination of a pro-rated allowance of $2,588 per year for the period of this appointment (b). This allowance is set in accordance with the remuneration and allowances applicable to the President of the Australian Competition Tribunal under section 11 of the Remuneration Tribunal (Judicial and Related Offices – Remuneration and Allowances) Determination (No. 2) 2023. This legislation imposes specific obligations on the parties involved. John Halley, as the acting President of the Australian Competition Tribunal, is required to fulfil the duties and responsibilities of the President during his term, which includes overseeing and participating in the tribunal's activities in accordance with the Competition and Consumer Act 2010. The government, through the Assistant Minister for Competition, Charities and Treasury, is obligated to ensure that the appointed acting President receives the determined allowance in compliance with the stipulated conditions. The notifiable instrument does not explicitly outline offences, penalties, or consequences for breaches in this particular legislation. However, any breach of the terms of the appointment or the remuneration could potentially lead to legal consequences under the relevant acts and regulations governing the Australian Competition Tribunal and the Remuneration Tribunal. It is important to note that the failure to comply with these provisions could result in legal actions being taken against the parties involved. The maximum penalties for breaches of the Competition and Consumer Act 2010 and the Acts Interpretation Act 1901 can be severe, depending on the nature and severity of the breach. For corporations, penalties can include substantial fines, while individuals may face imprisonment, fines, or both. The specific penalties would be determined by the court based on the circumstances of the breach and the provisions of the relevant acts. In conclusion, this notifiable instrument sets out the appointment of John Halley as the acting President of the Australian Competition Tribunal, along with the pro-rated allowance for the specified period. It imposes obligations on both the appointee and the government to ensure compliance with the terms of the appointment and remuneration. While specific penalties for breaches are not detailed in this legislation, any non-compliance could lead to legal consequences under the applicable acts.