Competition and Consumer (Industry Codes – Food and Grocery) (Code Supervisor) Appointment (No. 1) 2025

Overview

The Competition and Consumer (Industry Codes – Food and Grocery) (Code Supervisor) Appointment (No. 1) 2025I is a notifiable instrument enacted in 2025 by Dr Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under the authority granted by subsection 60(2) of the Competition and Consumer (Industry Codes – Food and Grocery) Regulations 2024. This legislation addresses the need for an independent and experienced Code Supervisor to oversee the implementation and enforcement of industry codes in the food and grocery sector. The appointment of Elizabeth Sarofim as the Code Supervisor for a three-year term, starting on 1 April 2025, aims to ensure fair practices and compliance within the industry, thereby enhancing consumer protection and promoting competitive markets in the food and grocery sector.

Scope and Application

The Competition and Consumer (Industry Codes – Food and Grocery) (Code Supervisor) Appointment (No. 1) 2025I appoints Elizabeth Sarofim as the Code Supervisor, a part-time role, for a duration of three years from 1 April 2025. This legislation pertains to the food and grocery industry in Australia and applies to various entities within this sector, including major retailers, suppliers, and other relevant parties. The appointment is made under the authority granted by subsection 60(2) of the Competition and Consumer (Industry Codes – Food and Grocery) Regulations 2024 by Dr Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury. The geographic reach of this Act is national, as it concerns industry practices that have a widespread impact across Australia. The Code Supervisor's role is pivotal in overseeing the implementation and compliance of industry codes that govern conduct and transactions in the food and grocery industry. These codes are designed to promote fair trading practices and protect consumer interests. The legislation does not specify exclusions or exemptions, suggesting that the Supervisor's oversight is broad and inclusive of all entities within the industry. However, the Act may be extended or restricted through subordinate instruments, which would provide further clarity on the specific scope and limitations of the Supervisor's responsibilities.

Key Provisions

The main operative sections of this legislation (Competition and Consumer (Industry Codes – Food and Grocery) (Code Supervisor) Appointment (No. 1) 2025I) pertain to the appointment of Elizabeth Sarofim as the Code Supervisor. Specifically, section 1 appoints Elizabeth Sarofim as the Code Supervisor for a part-time role that will commence on 1 April 2025 and last for a period of three years. This appointment is made under subsection 60(2) of the Competition and Consumer (Industry Codes – Food and Grocery) Regulations 2024, by Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury. The role of the Code Supervisor is pivotal as it involves overseeing and enforcing industry codes related to the food and grocery sector to ensure compliance and protect consumer interests. Under this legislation, Elizabeth Sarofim is tasked with several obligations and requirements. As the Code Supervisor, she will need to work diligently to enforce the industry codes designed to regulate the food and grocery sector. This includes monitoring compliance with these codes, investigating potential breaches, and taking appropriate action to address any non-compliance. Furthermore, she will be responsible for reporting on her activities and findings to relevant authorities, ensuring transparency and accountability in her role. Additionally, Sarofim must collaborate with industry stakeholders, government bodies, and other relevant entities to facilitate effective implementation and enforcement of the industry codes. The legislation does not explicitly outline offences or penalties for breaches within the appointment document itself. However, the overarching Competition and Consumer Act 2010 and the associated regulations provide a framework within which Sarofim's role operates. Any breaches of the industry codes she is tasked with enforcing could result in significant civil and criminal penalties. For instance, individuals or entities found in breach of the codes could face substantial fines, with maximum penalties often commensurate with the severity and impact of the breach. In severe cases, criminal charges could be brought against individuals, leading to imprisonment. These provisions are designed to ensure that the industry adheres to the highest standards of compliance and consumer protection.