National Competition Council – Part-Time Council President – Reappointment (No. 1) 2022

Overview

The National Competition Council – Part-Time Council President – Reappointment (No. 1) 2022 Instrument, numbered F2022N00043, was enacted in 2022 to address the need for continuity and stability in leadership within the National Competition Council. This council plays a critical role in assessing the competitive effects of proposed mergers and acquisitions under the Competition and Consumer Act 2010, ensuring that such assessments align with the public interest. The instrument reappoints Julie-Anne Schafer as the part-time Council President for a period of three years, reinforcing the council's capacity to provide expert, unbiased evaluations. Enacted by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, in accordance with subsection 29C(2) of the Competition and Consumer Act 2010, the policy objective is to maintain an experienced and effective leadership structure within the council to uphold the integrity and efficacy of competition assessments.

Scope and Application

The F2022N00043 Notifiable Instrument pertains to the reappointment of Julie-Anne Schafer as the part-time Council President of the National Competition Council for a duration of three years. This reappointment is carried out under the authority of subsection 29C(2) of the Competition and Consumer Act 2010, with the advice of the Federal Executive Council and by the Governor-General, the Honourable David Hurley AC DSC (Retd). This instrument applies specifically to Julie-Anne Schafer, who holds the position of part-time Council President within the National Competition Council. The jurisdictional reach of this notifiable instrument is national, as it operates under the federal framework established by the Competition and Consumer Act 2010. There are no exclusions or exemptions stated in the instrument itself, and no specific thresholds are mentioned, although the process and criteria for reappointment would be guided by relevant provisions within the overarching Act. Subordinate instruments may further define the terms and conditions of her reappointment, but they are not detailed in this particular notifiable instrument.

Key Provisions

The key provision of this notifiable instrument is the reappointment of Julie-Anne Schafer as the part-time Council President of the National Competition Council (NCC) for a period of three years (section 1). This reappointment is made under subsection 29C(2) of the Competition and Consumer Act 2010, and it is effective from the day after the instrument is signed. Julie-Anne Schafer's role as the part-time Council President involves overseeing the operations of the NCC and ensuring compliance with relevant legislation and guidelines. Under this instrument, Julie-Anne Schafer is required to perform her duties with due diligence and according to the responsibilities outlined in her role as the part-time Council President of the NCC. This includes participating in council meetings, providing leadership and direction, and ensuring the NCC effectively carries out its mandate as a key regulatory body in Australia. The reappointment also implies a continuation of her commitment to upholding the principles of fair competition and consumer protection. The obligations imposed by this instrument on Julie-Anne Schafer and the NCC include adherence to the terms of her appointment, which involves fulfilling her duties as part of the council's executive. The instrument also imposes a requirement on the NCC to support and facilitate the work of the Council President, ensuring that she has the necessary resources and authority to perform her role effectively. Additionally, the NCC must ensure that Julie-Anne Schafer's activities are in line with the broader objectives of the Competition and Consumer Act 2010. Breaches of the obligations outlined in this instrument could potentially lead to disciplinary actions or termination of the appointment. However, the instrument does not explicitly detail offences, penalties, or civil/criminal consequences for breach. The maximum penalties would likely be determined by the specific circumstances of the breach and would be subject to the provisions of the Competition and Consumer Act 2010 or other relevant legislation. The instrument underscores the importance of maintaining the integrity and effectiveness of the NCC's operations.