National Competition Council – Council President and Councillors – Appointments and Reappointments (No. 1) 2026

Overview

The National Competition Council – Council President and Councillors – Appointments and Reappointments (No. 1) 2026I, enacted in 2026, addresses the need to ensure the continued effective governance of the National Competition Council (NCC) by appointing a new President and re-appointing existing Councillors. This legislation was enacted by the Honourable Sam Mostyn AC, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under subsection 29C(2) of the Competition and Consumer Act 2010. The policy objective of this notifiable instrument is to maintain the stability and expertise within the NCC, thereby facilitating its ongoing role in reviewing and advising on competition matters in Australia. By appointing Marcus Bezzi as the Council President and re-appointing Catherine Dermody, Sally McMahon, and Craig Emerson as Councillors, the legislation aims to ensure the council's ability to provide informed and balanced assessments on competition issues, contributing to a fair and competitive marketplace.

Scope and Application

The National Competition Council – Council President and Councillors – Appointments and Reappointments (No. 1) 2026I applies to the appointment and reappointment of specific individuals to roles within the National Competition Council. This instrument specifically appoints Marcus Bezzi as the Council President and Catherine Dermody as a Councillor, while reappointing Sally McMahon and Craig Emerson as Councillors, all on a part-time basis. These appointments and reappointments are effective from 18 February 2026 until 17 February 2029. The appointments are made under subsection 29C(2) of the Competition and Consumer Act 2010, thereby extending the application of the Act to the personnel and operational aspects of the National Competition Council. The jurisdictional reach of this instrument is federal, as it pertains to a council established under Commonwealth legislation, and the appointments are governed by the authority of the Governor-General acting on the advice of the Federal Executive Council. There are no stated exclusions, exemptions, or thresholds within the text of this instrument itself; however, the roles and responsibilities of the appointed individuals would be further defined by the Competition and Consumer Act 2010 and any subordinate instruments issued under its authority.

Key Provisions

The main operative sections of this legislation (National Competition Council – Council President and Councillors – Appointments and Reappointments (No. 1) 2026I) pertain to the appointments and reappointments of key personnel within the National Competition Council (NCC). Under section 3(1), the Honourable Sam Mostyn AC, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, appoints Marcus Bezzi as the Council President of the NCC. This appointment is made on a part-time basis and is effective from 18 February 2026 until 17 February 2029. Additionally, section 3(2) appoints Catherine Dermody as a Councillor of the NCC, also on a part-time basis for the same period. Moreover, section 3(3) reappoints Sally McMahon and Craig Emerson as Councillors of the NCC, each on a part-time basis and for the same period as mentioned. The Act imposes several obligations and requirements on the appointed individuals. As the Council President, Marcus Bezzi must oversee the operations of the NCC, ensuring that it functions effectively within the scope of its mandate under the Competition and Consumer Act 2010. Similarly, as Councillors, Catherine Dermody, Sally McMahon, and Craig Emerson are tasked with providing expert advice and contributing to the decision-making processes of the NCC. They must act in the best interests of the council and adhere to the principles of good governance and impartiality. These individuals are also expected to comply with any additional terms and conditions stipulated by the NCC or the relevant authorities. In the event of a breach of the obligations outlined in the legislation, there may be civil or criminal consequences. However, the specific nature of these consequences is not detailed within the text of the notifiable instrument itself. Typically, breaches of such appointments could lead to disciplinary actions, including potential removal from office. Moreover, if the breach involves misconduct or malfeasance, it could result in criminal charges. Penalties for such offences would be determined according to the relevant laws governing public sector misconduct and could include fines or imprisonment, depending on the severity and nature of the breach.