National Competition Council (Acting President) Appointment (No. 1) 2025

Overview

The National Competition Council (Acting President) Appointment (No. 1) 2025I, enacted by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under section 29E of the Competition and Consumer Act 2010, was introduced to address the need for an acting President of the National Competition Council during a specific period. This instrument aims to ensure the continuity and effective operation of the National Competition Council during a temporary vacancy or leave of the regular President. The appointment is made under the authority conferred by subsection 33A(1) of the Acts Interpretation Act 1901, and the policy objective is to maintain the Council's capacity to regulate and oversee competition matters within the Australian economy seamlessly. Katrina Groshinski is appointed to act as the Council President on a part-time basis from 4 March 2025 until 17 August 2025, with her remuneration and allowances set according to the provisions applicable to a Council President under section 29F of the Competition and Consumer Act 2010.

Scope and Application

The F2025N00203 (Notifiable instrument) is a legislative instrument that pertains to the appointment of Katrina Groshinski as the acting President of the National Competition Council, operating on a part-time basis for a specified period. This instrument is grounded in the Competition and Consumer Act 2010 and the Acts Interpretation Act 1901, indicating its relevance to the enforcement of competition law in Australia. The appointment is made under the authority vested in Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, reflecting the Commonwealth's jurisdictional reach over this matter. This appointment, with its defined term and remuneration, is designed to ensure continuity in the leadership of the National Competition Council, thereby maintaining its regulatory functions without interruption. The legislation does not specify any exclusions, exemptions, or thresholds, and its application is confined to the specified term and the duties of the acting President as outlined in the instrument.

Key Provisions

The National Competition Council (Acting President) Appointment (No. 1) 2025I, dated 3 March 2025, appoints Katrina Groshinski as the Acting President of the National Competition Council on a part-time basis. This appointment is effective from 4 March 2025 until 17 August 2025 (section 1(a)). Additionally, the instrument determines that the remuneration and allowances for this acting role will be in line with those applicable to a full-time Council President under section 29F of the Competition and Consumer Act 2010 for the same period (section 1(b)). This legislation imposes specific obligations on Katrina Groshinski as the Acting President of the National Competition Council. She is required to perform her duties in accordance with the terms set out in the instrument and the provisions of the Competition and Consumer Act 2010. This includes engaging in activities pertinent to her role, such as overseeing the council's functions and responsibilities as dictated by the Act. The remuneration and allowances outlined ensure that her part-time role is fairly compensated. Failure to comply with the provisions of this instrument could result in various consequences. While the specific offences and penalties are not detailed within the instrument, breaches of the Competition and Consumer Act 2010 can lead to significant civil and criminal penalties. Civil penalties can include substantial fines, with the maximum penalty varying depending on the nature of the offence. Criminal penalties may include imprisonment, again contingent on the severity of the breach. It is important for the Acting President to adhere strictly to the terms of her appointment to avoid any legal repercussions.