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Note: This table relates only to the provisions of this instrument as originally made.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.
Overview
The Competition and Consumer (Designated Complaints) (Treasury) Delegations 2024I was enacted to address the need for efficient handling of designated complaints within the Treasury under the Competition and Consumer Act 2010. This legislative instrument was introduced by Dr. Andrew Leigh, the Assistant Minister for Competition, Charities, and Treasury, and it was made under the authority of the Competition and Consumer Act 2010. The primary objective of this legislation is to streamline the decision-making process regarding designated complaints by delegating specific powers and functions to key officials within the Treasury. This delegation aims to enhance the effectiveness and responsiveness of the complaint handling process while ensuring that critical decisions ultimately rest with the Minister.
The enacting body for this instrument is the Parliament of Australia, with the specific delegations being made under the authority vested in Dr. Andrew Leigh. The delegations outlined in this instrument empower certain officials within the Treasury to exercise powers and functions related to designated complaints, except for those reserved to the Minister, such as granting approval, specifying conditions for approval, varying or revoking approval, and making designated complaints determinations. These delegates are directed to consult with the Minister or the Minister's office before making decisions that involve setting conditions, varying, or revoking approvals, thereby maintaining the Minister's oversight over significant actions.
Scope and Application
The Competition and Consumer (Designated Complaints) (Treasury) Delegations 2024 applies to specific officers within the Department of the Treasury who are delegated certain powers and functions under the Competition and Consumer Act 2010. These officers include the Secretary, Deputy Secretaries, and Senior Executive Service employees. The Act allows these individuals to exercise the Minister's powers and functions under Part XIE of the Competition and Consumer Act, except for specific provisions related to granting, specifying conditions for, varying, revoking approval of designated complainants, and making designated complaints determinations, which remain reserved to the Minister. The geographic reach of the Act is limited to the Commonwealth, and its application is confined to the specified officers within the Treasury. Any subordinate instruments or further delegations would need to be consistent with the directives outlined in the Act and must consult with the Minister or their office before taking certain actions.
Key Provisions
The main operative sections of the Competition and Consumer (Designated Complaints) (Treasury) Delegations 2024I (sections 1 to 5) establish the framework for the delegation of certain powers and functions under the Competition and Consumer Act 2010 (the Act) to specific officers within the Treasury. Section 1 identifies the instrument as the Competition and Consumer (Designated Complaints) (Treasury) Delegations 2024, while Section 2 outlines the commencement details of the instrument, effective from the later of the commencement of Schedule 1 to the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 or the day after the instrument is registered. Section 3 confirms the authority of the instrument under the Act, and Section 4 provides definitions for terms used within the instrument. Section 5 specifies the delegations relating to designated complaints, indicating that certain officers in the Treasury are delegated specific powers and functions under Part XIE of the Act, excluding those related to granting, specifying conditions for, varying, revoking approval, or determining designated complaints.
The Act imposes obligations on the designated officers in the Treasury to exercise their delegated powers and functions in accordance with the provisions of the Act. Specifically, these officers must consult with the Minister or the Minister’s office before taking certain actions, such as setting conditions for approval, varying or revoking approval, or proposing designated complaints determinations (Section 5(3)). Additionally, the Act reserves specific powers and functions to the Minister, including the authority to grant approval as a designated complainant, specify conditions for such approval, vary or revoke approval, and make designated complaints determinations (Section 5(2)).
Breaching the obligations set out in the Act can lead to civil or criminal consequences. While the instrument does not explicitly state penalties for non-compliance, general provisions under the Competition and Consumer Act 2010 may apply. These could include substantial fines for corporations and imprisonment for individuals, depending on the nature and severity of the breach. For instance, contravening provisions related to designated complaints could result in penalties such as fines of up to $1.1 million for corporations and/or imprisonment for up to five years for individuals, as stipulated under various sections of the Act.