Competition and Consumer (Industry Codes—Food and Grocery) (Acting Independent Reviewer) Appointment (No. 1) 2023
I, Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under subclause 37(1) of the Food and Grocery Code of Conduct (set out in Schedule 1 to the Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015) (the Code) and subsection 33(4) of the Acts Interpretation Act 1901:
(a) being satisfied he is eligible for appointment under subclause 37(2) of the Code, appoint Christopher (Chris) Leptos AM as the acting Independent Reviewer for the period beginning on 5 August 2023 until the earlier of:
(i) 4 November 2023; or
(ii) the appointment of the next substantive Independent Reviewer, under subclause 37(1) of the Code, takes effect; and
(b) determine that the remuneration and allowances payable during the period of appointment referred to in paragraph (a) are those that would apply to the Independent Reviewer during the period of appointment.
Dated 31 July 2023
Dr Andrew Leigh
Assistant Minister for Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Overview
The Competition and Consumer (Industry Codes—Food and Grocery) (Acting Independent Reviewer) Appointment (No. 1) 2023 Instrument was enacted in 2023 to address the immediate need for an acting Independent Reviewer in the context of the Food and Grocery Code of Conduct. This notifiable instrument was introduced by Dr. Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, pursuant to subclause 37(1) of the Code and subsection 33(4) of the Acts Interpretation Act 1901. The objective of this instrument is to ensure that the acting Independent Reviewer is eligible for appointment, and to establish the terms and conditions of their remuneration and allowances during their tenure, which is set to begin on 5 August 2023 and end on either 4 November 2023 or when the next substantive Independent Reviewer is appointed, whichever comes first. This appointment aims to maintain continuity in the oversight and regulation of the food and grocery industry, ensuring compliance with the Code and fostering fair competition.
Scope and Application
The Competition and Consumer (Industry Codes—Food and Grocery) (Acting Independent Reviewer) Appointment (No. 1) 2023I applies specifically to the appointment of an acting Independent Reviewer for the period outlined, in accordance with the Food and Grocery Code of Conduct established under the Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015. This Act mandates the appointment of Christopher (Chris) Leptos AM as the acting Independent Reviewer from 5 August 2023 until 4 November 2023 or until the next substantive Independent Reviewer is appointed, whichever comes first. The remuneration and allowances for this acting role are to be those applicable to the Independent Reviewer during their regular appointment. This legislation falls within the jurisdiction of the Commonwealth of Australia and specifically targets the food and grocery industry, focusing on the conduct and transactions within this sector to ensure compliance with the relevant industry code. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its application is guided by the broader provisions of the Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015.
Key Provisions
The main operative sections of this legislation are clause 1 and clause 2. Clause 1 (1) mandates the appointment of Christopher (Chris) Leptos AM as the acting Independent Reviewer for a specified period, namely from 5 August 2023 until either 4 November 2023 or the appointment of the next substantive Independent Reviewer, whichever comes first. Clause 2 (1) allows for the determination of the remuneration and allowances that would apply to the Independent Reviewer during this acting period. This appointment and remuneration are made under subclause 37(1) of the Food and Grocery Code of Conduct and subsection 33(4) of the Acts Interpretation Act 1901, ensuring the acting Independent Reviewer is eligible under subclause 37(2) of the Code.
The obligations imposed by this Act primarily involve the acting Independent Reviewer, Christopher (Chris) Leptos AM. His role is to function in an acting capacity during the specified period, applying the same responsibilities and duties as a substantive Independent Reviewer would. This includes overseeing compliance with the Food and Grocery Code of Conduct, which is detailed in Schedule 1 to the Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015. Additionally, the remuneration and allowances are to be those that would apply to the substantive Independent Reviewer, ensuring fairness and continuity in the role's financial compensation.
The legislation does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, the role of the acting Independent Reviewer is critical to maintaining the integrity and enforcement of the Food and Grocery Code of Conduct. Any failure to adhere to the responsibilities outlined by this Act could potentially lead to broader implications under the Competition and Consumer Act 2010, which governs the conduct and compliance in the food and grocery industry. These broader implications might include legal actions, fines, or other regulatory consequences depending on the nature and severity of the breach. The specific penalties would be determined by the relevant courts or tribunals in accordance with the overarching legislation.