Competition and Consumer (Data Standards Chair) Appointment (No. 1) 2021

Overview

The Competition and Consumer (Data Standards Chair) Appointment (No. 1) 2021 Instrument was enacted in 2021, to address the need for a dedicated role to oversee the implementation of data standards in Australia, particularly in the context of enhancing competition and consumer protection within the digital economy. This notifiable instrument was introduced by Jane Hume, who served as the Minister for Superannuation, Financial Services and the Digital Economy, as well as the Minister for Women’s Economic Security at the time. The policy objective of this appointment is to ensure that robust data standards are established and maintained, thereby fostering a competitive market environment and protecting consumer interests in an increasingly digitised economy. The appointment of Andrew Stevens as the Data Standards Chair for a part-time period from 14 August 2021 to 28 February 2023 aims to provide expert oversight and guidance in the development and enforcement of these critical standards.

Scope and Application

The Competition and Consumer (Data Standards Chair) Appointment (No. 1) 2021 Instrument appoints Andrew Stevens as the Data Standards Chair under the Competition and Consumer Act 2010, effective from 14 August 2021 until 28 February 2023. This appointment is made by Jane Hume, the Minister for Superannuation, Financial Services and the Digital Economy, and the Minister for Women’s Economic Security. The role of the Data Standards Chair is integral to the functioning of the Competition and Consumer Act 2010, focusing on data standards within the digital economy and consumer protection. The Chair's part-time engagement underscores the importance of this role in shaping data practices and ensuring compliance across various industries. This legislation applies to the person appointed, Andrew Stevens, and his role within the specified timeframe. The geographic and jurisdictional reach of this appointment is aligned with the national scope of the Competition and Consumer Act 2010, impacting entities and industries subject to the Act's provisions across Australia. The Act extends its application through subordinate instruments, ensuring that the Data Standards Chair can effectively implement and enforce data standards in line with the Act’s objectives.

Key Provisions

The main operative sections of the Competition and Consumer (Data Standards Chair) Appointment (No. 1) 2021 include the appointment of Andrew Stevens as the Data Standards Chair, effective from 14 August 2021 to 28 February 2023, as outlined in section 1. This section specifies the commencement date and duration of the appointment, and it is made under the authority granted by subsection 56FG(1) of the Competition and Consumer Act 2010. The role is to be undertaken on a part-time basis, indicating that Andrew Stevens will not be engaged full-time for this position. The obligations and requirements imposed by this legislation on Andrew Stevens as the Data Standards Chair include the duty to act in a manner that promotes the objectives of the Competition and Consumer Act 2010. This includes ensuring that data standards are established and maintained to protect consumers and promote fair competition within the relevant sectors. As Data Standards Chair, Andrew Stevens must also collaborate with various stakeholders, including industry representatives, consumer advocacy groups, and government bodies, to develop and implement data standards that are practical, effective, and aligned with broader economic and regulatory goals. Failure to comply with the obligations outlined in the legislation could result in various consequences. While specific offences and penalties are not detailed in this notifiable instrument, general provisions of the Competition and Consumer Act 2010 provide for both civil and criminal penalties for breaches. Civil penalties can include substantial fines, with the maximum penalty often tied to the severity and impact of the breach. In cases of serious misconduct, criminal penalties could also apply, leading to fines or imprisonment. These penalties are intended to ensure that the Data Standards Chair fulfils their role with due diligence and integrity, thereby upholding the standards and protections established under the Act.