Competition and Consumer (Designated Complaints—Approval of Designated Complainants) (Approved Forms) Instrument 2024
I, Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, make the following instrument.
Dated 29 April 2024
Dr Andrew Leigh
Assistant Minister for Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Approval of application forms
5 Application for approval of designated complainants
Schedule 1—Approved form—application for approval as a designated complainant
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Designated Complaints—Approval of Designated Complainants) (Approved Forms) Instrument 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Competition and Consumer Act 2010.
4 Definitions
Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time.
In this instrument:
the Act means the Competition and Consumer Act 2010.
Part 2—Approval of application forms
5 Application for approval of designated complainants
Under subsection 154ZP(3) of the Act, the form at Schedule 1, and manner for making the application as set out in the form, is approved for the purpose of applying to the Minister for approval, under subsection 154ZP(1) of the Act, of an entity as a designated complainant.
Schedule 1—Approved form—application for approval as a designated complainant
Overview
The Competition and Consumer (Designated Complaints—Approval of Designated Complainants) (Approved Forms) Instrument 2024 was enacted to streamline and standardise the process for entities seeking approval as designated complainants under the Competition and Consumer Act 2010. This instrument was introduced to address the need for a consistent application form for entities aiming to be approved as designated complainants, ensuring clarity and efficiency in the approval process. The instrument was made under the authority of the Competition and Consumer Act 2010, and its objective is to provide a uniform format for applications, facilitating the assessment of suitability for entities that wish to bring proceedings on behalf of consumers or businesses in competition matters. The instrument came into effect on the day following its registration, as specified in the commencement provisions.
Scope and Application
The Competition and Consumer (Designated Complaints—Approval of Designated Complainants) (Approved Forms) Instrument 2024, made under the authority of the Competition and Consumer Act 2010, governs the formal process for entities to apply for approval as designated complainants. This instrument applies to entities that seek to be recognised as designated complainants under section 154ZP of the Competition and Consumer Act 2010. The approved form, outlined in Schedule 1, specifies the required information and manner of application to the Minister. This instrument applies nationally across Australia, impacting any entity within the scope of the Competition and Consumer Act 2010 that wishes to undertake the role of a designated complainant, which includes representing the interests of consumers in certain legal proceedings. The instrument provides a standardised process for applications, ensuring consistency and clarity in the approval mechanism. Notably, this instrument does not set out any exclusions, exemptions, or thresholds for applications; these are instead governed by the primary Act. The application of this instrument may be extended or further detailed through subordinate instruments, although the current document focuses on the approved form and process for applications.
Key Provisions
The Competition and Consumer (Designated Complaints—Approval of Designated Complainants) (Approved Forms) Instrument 2024 sets forth the approved form and manner for entities to apply to the Minister for approval as a designated complainant under section 154ZP of the Competition and Consumer Act 2010 (the Act). This instrument, approved by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, was made on 29 April 2024 and will commence the day after it is registered. The instrument is made under the authority of the Act, and the terms used within it have the same meanings as those defined in the Act.
Entities seeking approval as a designated complainant must adhere to the approved form outlined in Schedule 1 of the instrument. This form is designed to ensure that all necessary information is provided to the Minister to assess the entity's suitability for the role. The approved manner for making the application is specified within the form itself, detailing the process and any additional requirements or documentation that must be submitted alongside the application.
The obligations imposed by this instrument primarily revolve around the proper completion and submission of the approved application form. Entities must ensure that all information requested in the form is accurate and complete, as the Minister will rely on this information to make an informed decision regarding the approval. The entity must also adhere to any additional instructions or requirements outlined in the form, such as the submission of supplementary documentation or the payment of any applicable fees.
Failure to comply with the requirements set out in this instrument may result in the application being rejected or the approval being withheld. While the instrument does not explicitly detail specific offences or penalties for non-compliance, any breach of the Act, including the provisions related to designated complainants, could lead to civil or criminal consequences. These may include fines or other penalties as prescribed under the Act, which could vary depending on the nature and severity of the breach.