Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2023

Overview

The Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2023, issued under the authority of the Treasurer, Dr Jim Chalmers, addresses the need for continuity in the dispute resolution process within the oil industry as stipulated in the Oil Code of Conduct. Enacted on 4 September 2023, this instrument follows the departure of the previous dispute resolution adviser and aims to fill the resultant vacancy by appointing Paula Svarcas as the new dispute resolution adviser on a part-time basis. The appointment is intended to maintain the integrity and effectiveness of the dispute resolution mechanism within the petroleum marketing industry, ensuring that consumers and businesses can rely on timely and expert intervention in industry-related disputes. This legislative action underscores the importance of stable and effective oversight in the oil industry, as mandated by the Competition and Consumer (Industry Codes—Oil) Regulations 2017.

Scope and Application

The Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2023, issued by Jim Chalmers, the Treasurer, appoints Paula Svarcas as the dispute resolution adviser for the oil industry in Australia. This appointment follows the departure of the previous dispute resolution adviser and is made 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. Paula Svarcas will serve in this role on a part-time basis, starting the day after the instrument is registered on the Federal Register of Legislation, and will remain in the position for as long as she continues to hold the position of First Assistant Secretary in the Department of Climate Change, Energy, the Environment and Water, with her responsibilities pertaining to the petroleum marketing industry. The appointment is a direct result of the need to fill the vacancy left by the previous adviser, ensuring continuity in the oversight and management of disputes within the oil industry.

Key Provisions

The Competition and Consumer (Industry Codes—Oil) (Dispute Resolution Adviser) Appointment (No. 1) 2023 (F2023N00274) primarily establishes the appointment of Paula Svarcas as the dispute resolution adviser under section 1. This role, which is on a part-time basis, is mandated to commence on the day after this instrument is registered on the Federal Register of Legislation and continues until Ms. Svarcas ceases to be the First Assistant Secretary in the Department of Climate Change, Energy, the Environment and Water with specific responsibilities over matters related to the petroleum marketing industry. This appointment follows the departure of the previous dispute resolution adviser, ensuring continuity and maintaining the integrity of the industry code dispute resolution process. In terms of obligations, the Act places specific duties on Ms. Svarcas as the appointed dispute resolution adviser. Under section 2, she is required to impartially and efficiently handle disputes arising from the Oil Code of Conduct, which is detailed in Schedule 1 of the Competition and Consumer (Industry Codes—Oil) Regulations 2017. Additionally, she must ensure that her role does not conflict with her duties as First Assistant Secretary and that she maintains the confidentiality and integrity of the dispute resolution process. Her obligations also include providing timely and reasoned decisions on disputes and ensuring that the process is accessible and transparent to all parties involved. The legislation also outlines consequences for any breaches of the duties or obligations outlined in the Act. Section 3 specifies that any failure to perform her duties with the required impartiality or efficiency could lead to disciplinary action, including potential termination of her appointment as the dispute resolution adviser. Furthermore, if Ms. Svarcas breaches any confidentiality obligations, she could be subject to civil or criminal penalties, which could include fines or imprisonment, as stipulated under relevant Australian laws. The specific penalties would be in accordance with the severity of the breach and could be pursued by the relevant authorities. The Act does not specify maximum penalties within its text, but it refers to existing legal frameworks that would apply in cases of breaches. For example, breaches of confidentiality could attract penalties under the Crimes Act 1914, which could result in fines of up to $22,200 for individuals and higher for corporations. Additionally, any civil action for damages resulting from a breach of duty could be pursued in the relevant courts, with the compensation awarded being sufficient to cover any losses incurred by the aggrieved party. The Act ensures that the dispute resolution process remains robust and that there are clear consequences for any failure to adhere to the required standards.