Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020

Overview

The Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020 was enacted in 2020 by Michael Sukkar, the Minister for Housing and Assistant Treasurer, under clause 41 of Schedule 1 to the Competition and Consumer (Industry Codes—Oil) Regulations 2017. This notifiable instrument aimed to address the need for an appointed dispute resolution adviser within the framework of industry codes for the oil industry, ensuring effective and timely resolution of disputes. The instrument revokes all previous appointments and designates the General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources as the new dispute resolution adviser. This appointment is effective from the day after the instrument is registered on the Federal Register of Legislation, ensuring a clear and immediate change in the role responsible for resolving disputes under the oil industry codes.

Scope and Application

The Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020I pertains to the appointment of a dispute resolution adviser within the context of the Competition and Consumer (Industry Codes—Oil) Regulations 2017. This instrument, issued by Michael Sukkar, Minister for Housing and Assistant Treasurer, revokes all prior appointments made under clause 41 of Schedule 1 to the 2017 Regulations and appoints the individual currently serving as the General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources as the new dispute resolution adviser. This appointment takes effect the day following the registration of this instrument on the Federal Register of Legislation. The appointment is a specific measure under the overarching framework of the 2017 Regulations, designed to ensure that there is a designated individual responsible for overseeing the dispute resolution processes pertinent to the oil industry, thereby facilitating the effective enforcement of the regulations. The appointment applies to the individual who holds the position of General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources at the time of the instrument's effect, and it operates within the jurisdictional reach of the Commonwealth of Australia. The instrument does not explicitly outline exclusions, exemptions, or thresholds, but it is inherently linked to the broader provisions of the 2017 Regulations. The role of the dispute resolution adviser is integral to the functioning of the regulatory framework, and the appointment ensures continuity and specificity in the administration of the dispute resolution processes. The scope of the act is limited to the appointment and does not extend to altering the substantive provisions or jurisdictional reach of the 2017 Regulations.

Key Provisions

The key provisions of the Competition and Consumer (Industry Codes—Oil) Regulations 2017 (Dispute Resolution Adviser) Appointment 2020I revolve around the appointment and duties of a dispute resolution adviser in the oil industry. Under clause 41 of Schedule 1 to the Regulations, the Act revokes all prior appointments of dispute resolution advisers (subsection (a)) and appoints the individual currently serving as the General Manager of the Small and Family Business Branch in the Department of Industry, Science, Energy and Resources as the new dispute resolution adviser (subsection (b)). This appointment takes effect from the day after the instrument is registered on the Federal Register of Legislation (subsection (b)). The obligations of the appointed dispute resolution adviser are to facilitate and manage the resolution of disputes that may arise under the industry codes for the oil sector. This includes ensuring that the processes for dispute resolution are followed, that all parties involved in a dispute are treated fairly, and that decisions are made in accordance with the relevant legislation and regulations. The dispute resolution adviser must also maintain records of all disputes and resolutions, and report on these activities as required. Failure to comply with the requirements set out in the Competition and Consumer (Industry Codes—Oil) Regulations 2017 can result in various penalties and consequences. The specific offences and penalties are not detailed in the provided text, but in general, breaches of consumer protection and competition laws can lead to both civil and criminal penalties. Civil penalties may include fines and orders for restitution, while criminal penalties can include imprisonment and fines. The exact penalties depend on the nature and severity of the breach, and are determined according to the relevant sections of the Competition and Consumer Act 2010. For instance, serious breaches may attract higher fines and longer imprisonment terms, as outlined in specific sections of the Act.