National Competition Council – Council President and Councillors – Appointment and Reappointments (No. 1) 2025

Overview

The National Competition Council – Council President and Councillors – Appointment and Reappointments (No. 1) 2025I was enacted on 7 August 2025 by the Honourable Chris Dawson AC APM, Administrator of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This instrument appoints Katrina Groshinski as the Council President of the National Competition Council on a part-time basis from 18 August 2025 until 17 February 2026 and reappoints Sally McMahon and Craig Emerson as Councillors of the National Competition Council, also on a part-time basis, for the same period. The objective of this notifiable instrument is to ensure continuity and stability in the leadership and decision-making capacity of the National Competition Council by appointing and reappointing experienced individuals in critical roles.

Scope and Application

The F2025N00666 (Notifiable instrument) pertains to the appointments and reappointments within the National Competition Council (NCC) under the Competition and Consumer Act 2010. This legislative instrument, issued by the Honourable Chris Dawson AC APM, designates Katrina Groshinski as the Council President on a part-time basis for a term beginning on 18 August 2025 and concluding on 17 February 2026. Additionally, it reappoints Sally McMahon and Craig Emerson as Councillors on a part-time basis for the same period. The appointments are made with the advice of the Federal Executive Council and are in compliance with subsection 29C(2) of the Competition and Consumer Act 2010. The appointments are specific to individuals, and the roles pertain to the oversight and administration of competition policy within Australia. The Act does not explicitly state any exclusions or jurisdictional limitations, implying a broad application across the Commonwealth of Australia. This instrument effectively updates the leadership of the NCC, ensuring continuity in its regulatory functions.

Key Provisions

The key operative sections of this legislation, specifically sections (a) and (b), direct the appointment of Katrina Groshinski as the Council President of the National Competition Council on a part-time basis, and the reappointment of Sally McMahon and Craig Emerson as Councillors, also on a part-time basis. Both the appointment and reappointments are to commence on 18 August 2025 and are set to conclude on 17 February 2026. This legislative instrument is issued under subsection 29C(2) of the Competition and Consumer Act 2010, indicating its authority and the framework within which these appointments and reappointments are made. The Act imposes specific obligations on the appointed individuals, Katrina Groshinski, Sally McMahon, and Craig Emerson. As the Council President and Councillors, they are expected to adhere to the governance and operational mandates of the National Competition Council. This includes participating in the decision-making processes, contributing to policy formulation, and representing the Council in official capacities. The part-time nature of these roles necessitates a commitment to fulfilling their duties during the specified period, ensuring that the Council’s objectives are met within the timeframe. Breaches of the obligations outlined in the Act may lead to various consequences. While the legislation does not explicitly detail the specific offences or penalties for non-compliance, the inherent responsibilities of holding such positions imply that failure to perform the duties could result in disciplinary actions or potential legal repercussions. The severity of the consequences would depend on the nature and extent of the breach, and could potentially include civil or criminal penalties as stipulated by the overarching Competition and Consumer Act 2010. The maximum penalties for breaches under the Competition and Consumer Act 2010 are significant, reflecting the importance of compliance with the legislative framework. For corporations, the penalties can include substantial fines, which may reach up to $10 million for serious or repeated breaches. Individuals involved in such breaches could face penalties up to $1.1 million or imprisonment for up to five years, or both, for serious misconduct. These penalties underscore the gravity of adhering to the legislative requirements and the necessity for the appointed individuals to act in accordance with their roles and responsibilities.