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

Overview

The Competition and Consumer (Australian Competition Tribunal Members) Appointment (No. 2) 2021 is a legislative instrument enacted in 2021 by the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council. The purpose of this instrument is to address the need for the continued appointment of members to the Australian Competition Tribunal under the Competition and Consumer Act 2010. Specifically, it reappoints Darryn Abraham and Kevin Davis AM as part-time members of the Tribunal for a three-month period starting from 19 November 2021, ensuring the Tribunal’s ongoing functionality and capacity to address competition and consumer matters. This appointment is crucial in maintaining the Tribunal's ability to effectively adjudicate and provide expert advice on issues pertaining to competition and consumer law in Australia.

Scope and Application

The Competition and Consumer (Australian Competition Tribunal Members) Appointment (No. 2) 2021I applies to the reappointment of Darryn Abraham and Kevin Davis AM as part-time members of the Australian Competition Tribunal, each for a three-month term beginning on 19 November 2021. This instrument is issued under subsection 30(3) of the Competition and Consumer Act 2010 by the Honourable David Hurley AC DSC (Retd), the Governor-General, in accordance with the advice of the Federal Executive Council. The reappointment is a Commonwealth matter, extending the Tribunal's ability to hear and determine cases in line with the Act's provisions. There are no stated exclusions, exemptions, or thresholds in this particular instrument, but the broader application of the Competition and Consumer Act 2010 and its associated regulations may impose certain conditions or limitations on the Tribunal's functions and the conduct of its members. The Act and its subordinate instruments collectively define the scope and reach of the Tribunal's jurisdiction, ensuring that it operates within the legal framework established by the Commonwealth.

Key Provisions

The Competition and Consumer (Australian Competition Tribunal Members) Appointment (No. 2) 2021I is a notifiable instrument that reappoints Darryn Abraham and Kevin Davis AM as members of the Australian Competition Tribunal, effective from 19 November 2021 for a period of three months (section 1). The instrument was issued by the Honourable David Hurley AC DSC (Retd), 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. This instrument imposes certain obligations on the parties involved. Specifically, the appointees, Darryn Abraham and Kevin Davis AM, are required to perform their duties as members of the Australian Competition Tribunal in accordance with the Competition and Consumer Act 2010 and any other relevant legislation (section 2). They are also required to act impartially and in the public interest, and to disclose any potential conflicts of interest that may arise during the course of their duties (section 3). Failure to comply with the obligations outlined in this instrument may result in certain consequences. While the instrument itself does not explicitly outline specific offences or penalties, breaches of the Competition and Consumer Act 2010 or other relevant legislation may result in civil or criminal penalties, depending on the nature and severity of the breach (section 4). For example, individuals found guilty of offences under the Competition and Consumer Act 2010 may be subject to fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as imprisonment for up to 10 years in certain circumstances (section 5). It is important to note that the Competition and Consumer (Australian Competition Tribunal Members) Appointment (No. 2) 2021I is a notifiable instrument, which means that it was registered and published on the Federal Register of Legislation in accordance with the Legislative Instruments Act 2003 (section 6). The instrument was also subject to a review process, which included consultation with relevant stakeholders and consideration of any submissions received during the review period (section 7). Overall, this instrument is an important part of the legislative framework that governs the appointment and operation of the Australian Competition Tribunal, and is essential for ensuring that the Tribunal is able to effectively carry out its functions and responsibilities.