Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 2) 2021

Overview

The Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 2) 2021I, enacted in 2021, was established to address the need for a qualified Deputy Registrar in the Australian Competition Tribunal. This notifiable instrument was enacted by the Treasurer, Josh Frydenberg, under the authority granted by subsection 44(2) of the Competition and Consumer Act 2010. The primary policy objective behind this appointment was to ensure that the Australian Competition Tribunal, a body responsible for adjudicating on competition and consumer matters, maintains sufficient staffing to effectively manage its caseload and deliver timely and fair outcomes. Nicola Colbran was appointed as the Deputy Registrar for a period spanning from 20 December 2021 to 19 December 2026, thereby providing stability and continuity in the tribunal’s operations.

Scope and Application

The Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 2) 2021I, issued by Josh Frydenberg, the Treasurer, under subsection 44(2) of the Competition and Consumer Act 2010, pertains to the appointment of Nicola Colbran as a Deputy Registrar of the Australian Competition Tribunal. This appointment is effective from 20 December 2021 to 19 December 2026, thereby applying to the individual named and the Tribunal itself during this period. The legislation is rooted in the Commonwealth jurisdiction, as it is issued under the authority of the Australian government and aligns with the national legislative framework. The Act does not explicitly delineate exclusions or exemptions but operates within the broader scope of the Competition and Consumer Act 2010, which regulates anti-competitive conduct and ensures fair trading practices across various industries and entities in Australia. The application of this Act is not limited geographically within Australia, maintaining a national reach to uphold competition law effectively.

Key Provisions

The main operative section of the Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 2) 2021 instrument (F2021N00311) is the appointment of Nicola Colbran as a Deputy Registrar of the Australian Competition Tribunal for a specified term. This is stated in section 1(1), which appoints Nicola Colbran to the role for the period from 20 December 2021 to 19 December 2026. The instrument is made under subsection 44(2) of the Competition and Consumer Act 2010, indicating that it is within the powers conferred by that Act. The Act imposes certain obligations on the appointed Deputy Registrar, which include assisting the Registrar in the administration of the Tribunal, ensuring that proceedings are conducted fairly and efficiently, and performing other duties as directed by the Registrar or as required by the Act. Section 1(2) of the instrument reiterates these obligations by specifying that Nicola Colbran will undertake these duties as a Deputy Registrar. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of this instrument. However, the broader framework of the Competition and Consumer Act 2010 does provide for penalties and consequences for breaches of the Act, including fines and imprisonment. For example, section 127 of the Act allows for fines up to $1.1 million for corporations and $220,000 for individuals for breaches of the Act. These penalties are applicable to the broader enforcement of the Act, but they are not specifically referenced in this instrument. It is important to note that while this instrument does not specify penalties, any breach of the obligations outlined in the Act could potentially lead to the penalties provided for under the broader legislative framework.