Competition and Consumer (Designated Complaints) (Treasury) Delegations 2024
I, Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, make the following delegations.
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—Delegations
5 Delegations relating to designated complaints
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Designated Complaints) (Treasury) Delegations 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 later of: (a) at the same time as Schedule 1 to the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 commences; and (b) 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Note: This table relates only to the provisions of this instrument as originally made.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.
the Treasury means the Department of the Treasury.
Part 2—Delegations
5 Delegations relating to designated complaints
Delegation
(1) Under subsection 154ZY(1) of the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated the Minister’s powers and functions under Part XIE of the Act (other than under a provision listed in subsection (2)):
(a) the Secretary;
(b) a Deputy Secretary;
(c) an SES employee.
Powers or functions reserved to the Minister
(2) For the purposes of subsection (1), a power or function of the Minister under any of the following provisions is not delegated under this section:
(a) subsection 154ZQ(1) of the Act (about granting approval as a designated complainant);
(b) subsection 154ZR(1) of the Act (about specifying that an approval as a designated complainant is subject to conditions);
(c) subsection 154ZV(1) of the Act (about varying or revoking approval as a designated complainant);
(d) section 154ZZ of the Act (about the designated complaints determination).
Note: The Minister’s powers and functions that may be delegated under subsection 154ZY(1) do not include the Minister’s power to delegate—see paragraph 34AB(1)(b) of the Acts Interpretation Act 1901.
Directions
(3) Under subsection 154ZY(2) of the Act, a delegate under subsection (1) is directed to exercise the power or function in a manner consistent with all of the following:
(a) the delegate must consult with the Minister, or the Minister’s office, about whether the Minister would prefer to be the decision-maker, before the delegate gives a notice setting out conditions for which an approval maybe subject, or proposing to vary or revoke approval of a designated complainant.