Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2022

Overview

The Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2022I, enacted on 09 August 2022, was introduced to address a gap in the regulatory framework for dispute resolution within the oil industry. The Act was brought into effect by Dr Jim Chalmers, the Treasurer, under clause 41 of the Oil Code of Conduct, which is detailed in Schedule 1 to the Competition and Consumer (Industry Codes—Oil) Regulations 2017. The policy objective of this legislation is to ensure that there is a qualified and independent dispute resolution adviser to facilitate the resolution of disputes under the oil industry code of conduct. This appointment replaces the previous Dispute Resolution Adviser, as the Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020 is repealed with the commencement of this instrument.

Scope and Application

The Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2022 instrument appoints Ms Michelle Croker as the dispute resolution adviser for the oil industry, operating on a part-time basis, following the instrument's registration on the Federal Register of Legislation. This appointment is made under the authority of clause 41 of the Oil Code of Conduct, which is detailed in Schedule 1 to the Competition and Consumer (Industry Codes—Oil) Regulations 2017. The Act applies to entities involved in the oil industry, including businesses, corporations, and individuals who are subject to the Oil Code of Conduct. The geographic reach of this legislation is national, as it is a Commonwealth instrument. The appointment of Ms Croker replaces the previous dispute resolution adviser appointed under the Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020, which was repealed immediately before the commencement of this current instrument. The instrument does not specify any exclusions, exemptions, or thresholds, but it may be supplemented by subordinate instruments that provide further detail or clarification on the application and scope of the Act.

Key Provisions

The main operative sections of the Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2022 instrument, which was registered on 09 August 2022, include the appointment of Ms Michelle Croker as the dispute resolution adviser for the oil industry. This appointment (section 1) is made on a part-time basis and is effective from the day after the instrument is registered on the Federal Register of Legislation. The instrument also includes the repeal of the previous appointment of a dispute resolution adviser under the Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020 (section 2). This repeal is effective immediately before the commencement of the current instrument. The Act imposes specific obligations on Ms Croker, who is now the appointed dispute resolution adviser. These obligations include the duty to provide impartial and efficient dispute resolution services to the oil industry, ensuring that disputes are resolved in accordance with the Oil Code of Conduct. Ms Croker must also ensure that all her actions and decisions are consistent with the requirements of the Competition and Consumer Act 2010 and the Oil Code of Conduct. Additionally, she must maintain records of all disputes and resolutions in a manner that is transparent and accessible for review if necessary. Failure to comply with the requirements set out in the Act can lead to various consequences. While specific offences and penalties are not detailed in this instrument, breaches of the Oil Code of Conduct or non-compliance with the dispute resolution process can result in civil or criminal penalties under the Competition and Consumer Act 2010. Such penalties can include fines and, in serious cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be substantial, reflecting the importance of maintaining fair and efficient dispute resolution processes in the oil industry.