Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 4) 2021

Overview

The Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 4) 2021 is a notifiable instrument enacted in 2021. This instrument was introduced to address the need for the appointment of a Deputy Registrar to the Australian Competition Tribunal. This role is integral to the effective functioning of the Tribunal, which is responsible for the administration of the Competition and Consumer Act 2010. The enactment of this instrument is under the authority of subsection 44(2) of the Competition and Consumer Act 2010. The policy objective of this appointment is to ensure that the Tribunal has the necessary personnel to conduct its proceedings efficiently and fairly, thereby supporting the broader goals of the Act which aim to protect consumers and promote competition within the Australian market. The instrument was made by Josh Frydenberg, the Treasurer, and it designates Russell Trott to serve as a Deputy Registrar from 20 December 2021 to 19 December 2026.

Scope and Application

The Competition and Consumer (Australian Competition Tribunal Deputy Registrar) Appointment (No. 4) 2021 Instrument appoints Russell Trott as a Deputy Registrar of the Australian Competition Tribunal, with the appointment effective from 20 December 2021 until 19 December 2026. This appointment is made under subsection 44(2) of the Competition and Consumer Act 2010, which is a Commonwealth Act, thus conferring a national jurisdictional reach. The Act applies to entities, industries, and conduct engaged in trade or commerce within Australia, as well as transactions that fall under the purview of the Act. This includes corporations, partnerships, and individuals involved in business activities that could potentially contravene competition and consumer laws. The Act is comprehensive and does not explicitly outline exclusions or exemptions within this particular instrument, although broader exclusions and exemptions may be found in the Competition and Consumer Act 2010 itself. The application of the Act can be further extended or restricted through subordinate instruments, which may provide more detailed rules and guidelines for specific situations.

Key Provisions

The main operative sections of this notifiable instrument are section 1 and section 2. Section 1 provides for the appointment of a Deputy Registrar of the Australian Competition Tribunal, specifically Russell Trott, under subsection 44(2) of the Competition and Consumer Act 2010 (section 1). Section 2 outlines the term of the appointment, which is from 20 December 2021 to 19 December 2026 (section 2). This legislation imposes certain obligations on the parties involved. The Treasurer, in this case Josh Frydenberg, has the authority to appoint a Deputy Registrar of the Australian Competition Tribunal under the Competition and Consumer Act 2010 (section 1). The appointed Deputy Registrar, Russell Trott, has a duty to perform the functions and exercise the powers of the Deputy Registrar as outlined in the Competition and Consumer Act 2010 during the specified term of the appointment (section 2). There are no offences, penalties, or civil/criminal consequences outlined in this notifiable instrument. The focus of the legislation is on the appointment and term of the Deputy Registrar, and it does not address any potential breaches of the role or the consequences thereof. The Competition and Consumer Act 2010, however, may have provisions regarding breaches of the Deputy Registrar's duties, which would need to be referred to for further information.