Competition and Consumer (Gas Market Emergency Price) Delegations 2022
I, Katy Gallagher, Minister for Finance, make the following delegations.
Dated 22 December 2022
Katy Gallagher
Minister for Finance
for the Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Delegations
5 Delegations to the Commission
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Gas Market Emergency Price) Delegations 2022.
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Note: This table relates only to the provisions of this instrument as originally made.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 (Gas Market Emergency Price) Order 2022.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 and the Competition and Consumer (Gas Market Emergency Price) Order 2022, as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
Order means the Competition and Consumer (Gas Market Emergency Price) Order 2022.
Part 2—Delegations
5 Delegations to the Commission
Under subsection 23(2) of the Order, the Commission is delegated the Minister’s powers and functions under Division 3 of the Order (other than section 23 of the Order).
Note: Division 3 of the Order is about Ministerial price cap exemptions.
Overview
The Competition and Consumer (Gas Market Emergency Price) Delegations 2022I was enacted to address the urgent need to manage emergency price caps in the gas market, providing flexibility and efficiency in the administration of these caps. This notifiable instrument was introduced by Katy Gallagher, the Minister for Finance, under the authority of the Competition and Consumer (Gas Market Emergency Price) Order 2022. The primary objective of this legislation is to delegate specific powers and functions to the Australian Competition and Consumer Commission, enabling the Commission to manage Ministerial price cap exemptions effectively. This delegation is designed to streamline the decision-making process and ensure that the gas market can respond appropriately to emergency situations. The instrument commenced on the day after it was registered, as stipulated in its provisions.
Scope and Application
The Competition and Consumer (Gas Market Emergency Price) Delegations 2022I represents a delegation of powers and functions from the Minister for Finance to the Australian Competition and Consumer Commission (ACCC) under the Competition and Consumer (Gas Market Emergency Price) Order 2022. The Act applies to the Minister for Finance and the ACCC, specifically delegating the Minister's powers and functions under Division 3 of the Order, which pertains to Ministerial price cap exemptions. The instrument commences on the day after it is registered and has its definitions consistent with the Competition and Consumer Act 2010 and the Competition and Consumer (Gas Market Emergency Price) Order 2022. The geographic and jurisdictional reach of this instrument is national, as it pertains to the administration of federal legislation. There are no stated exclusions, exemptions, or thresholds within the text provided. The application of this Act may be extended or restricted through subordinate instruments, but this is not elaborated upon in the text.
Key Provisions
The Competition and Consumer (Gas Market Emergency Price) Delegations 2022I provides the framework for delegating certain powers and functions of the Minister for Finance to the Australian Competition and Consumer Commission (ACCC). Specifically, section 5 of the instrument delegates to the ACCC the Minister’s powers and functions under Division 3 of the Competition and Consumer (Gas Market Emergency Price) Order 2022, with the exception of section 23 of the Order. This delegation allows the ACCC to manage and implement Ministerial price cap exemptions, ensuring that the gas market operates within the bounds set by the Order.
The obligations imposed by this Act are primarily on the ACCC, which must now exercise the delegated powers and functions in accordance with the Competition and Consumer Act 2010 and the Competition and Consumer (Gas Market Emergency Price) Order 2022. The ACCC is required to act within the scope of the delegated authority and must ensure that any decisions or actions taken are consistent with the legislative framework provided by these Acts and Orders. The Minister for Finance retains oversight and accountability for the actions taken by the ACCC under this delegation.
Breaching the obligations outlined in the instrument may result in legal consequences. While specific offences are not detailed within the instrument itself, any failure by the ACCC to act within the bounds of the delegated authority could lead to judicial review or other legal challenges. The penalties for non-compliance would depend on the specific circumstances and the relevant provisions of the Competition and Consumer Act 2010 and the Competition and Consumer (Gas Market Emergency Price) Order 2022. In general, penalties could include fines, corrective orders, or other measures designed to ensure compliance with the legislative requirements.