Competition and Consumer (Industry Codes—Food and Grocery) (Independent Reviewer) Appointment (No. 1) 2021

Overview

The Competition and Consumer (Industry Codes—Food and Grocery) (Independent Reviewer) Appointment (No. 1) 2021 was enacted in 2021 to address the need for an independent reviewer under the Food and Grocery Code of Conduct established by the Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015. This legislation was introduced to ensure effective and impartial oversight of the food and grocery industry in Australia, addressing any imbalances in bargaining power between businesses and ensuring fair trading practices. The appointment of Christopher (Chris) Leptos AM as the Independent Reviewer for a period of two years, effective from the date of registration on the Federal Register of Legislation, was made by Michael Sukkar, the Assistant Treasurer, Minister for Housing, and Minister for Homelessness, Social and Community Housing. This appointment was intended to maintain the integrity and enforcement of the industry codes, thereby fostering a competitive and equitable market environment.

Scope and Application

This legislation, titled "Competition and Consumer (Industry Codes—Food and Grocery) (Independent Reviewer) Appointment (No. 1) 2021I," pertains to the appointment of an Independent Reviewer for the Food and Grocery Code of Conduct. The appointment, made by Michael Sukkar, the Assistant Treasurer and Minister for Housing and Minister for Homelessness, Social and Community Housing, is effective for a period of two years from the date of registration on the Federal Register of Legislation. This Act is in accordance with subclause 37(1) of the Food and Grocery Code of Conduct, which is set out in Schedule 1 to the Competition and Consumer (Industry Codes-Food and Grocery) Regulation 2015, and stipulates that the appointee must meet the eligibility criteria outlined in subclause 37(2) of the Code. The instrument also repeals, with effect from the day after it is registered on the Federal Register of Legislation, the previous appointment of an Independent Reviewer made on 10 March 2021. The geographic and jurisdictional reach of this Act is national, extending throughout Australia as it is a Commonwealth legislation. It applies to the food and grocery industry, specifically targeting the conduct and transactions within this sector. However, the specific exclusions, exemptions, or thresholds are not detailed in the text, and it is likely that these aspects are governed by the overarching Competition and Consumer Act 2010 and the Food and Grocery Code of Conduct. The application of the Act might also be extended or restricted through subordinate instruments, such as regulations or guidelines, which are not explicitly mentioned in the provided text.

Key Provisions

The main operative sections of the Competition and Consumer (Industry Codes—Food and Grocery) (Independent Reviewer) Appointment (No. 1) 2021I (F2021N00188) include the appointment of Christopher (Chris) Leptos AM as the Independent Reviewer (section 1) and the repeal of the previous appointment made on 10 March 2021 (section 2). This instrument requires the Assistant Treasurer, Michael Sukkar, to appoint Chris Leptos AM to the role of Independent Reviewer for a period of two years following the registration of the instrument on the Federal Register of Legislation (section 1). The appointment takes effect from the day after registration, and it replaces the earlier appointment which is repealed with the same effect (section 2). The Act imposes specific obligations on the parties involved. Firstly, it mandates the Assistant Treasurer, Michael Sukkar, to ensure that the appointed Independent Reviewer meets the eligibility criteria set out in subclause 37(2) of the Food and Grocery Code of Conduct (section 1). This ensures that the appointee has the requisite qualifications and independence to effectively carry out the duties of the role. Additionally, it requires the Assistant Treasurer to formally register the appointment on the Federal Register of Legislation, thereby making it legally effective and public (section 1). There are no explicit offences, penalties, or civil/criminal consequences stated within this instrument for non-compliance with its provisions. However, the importance of the Independent Reviewer's role, particularly in the oversight of the Food and Grocery Code of Conduct, suggests that any failure to adhere to the requirements of the Act could have significant ramifications in terms of the governance and compliance of the food and grocery industry. Although the instrument itself does not detail penalties, breaches of the broader regulations and codes overseen by the Independent Reviewer could lead to enforcement actions under the Competition and Consumer Act 2010.