National Competition Council - Part-Time Councillor - Reappointment 2021

Overview

The National Competition Council - Part-Time Councillor - Reappointment 2021 Instrument (F2021N00115) was enacted in 2021 to address the need for continuity and expertise within the National Competition Council (NCC). This legislative instrument was introduced by the Commonwealth of Australia, specifically by the Governor-General of the Commonwealth, the Honourable David Hurley AC DSC (Retd), acting with the advice of the Federal Executive Council. The underlying objective of this instrument is to ensure that the NCC can maintain its effective oversight and advice on competition matters by reappointing a qualified individual on a part-time basis, as stipulated under subsection 29C(2) of the Competition and Consumer Act 2010. This reappointment ensures that the council can continue its important functions without disruption, thereby maintaining the integrity and efficiency of competition policy within Australia.

Scope and Application

This legislation, F2021N00115, pertains to the reappointment of Martin Wallace as a part-time Councillor of the National Competition Council under the Competition and Consumer Act 2010. The Act applies to the individual, Martin Wallace, who is being reappointed to this position, and it is a Commonwealth instrument reflecting the authority of the Governor-General acting on advice from the Federal Executive Council. This reappointment is effective for a limited period of three months, commencing from the date of the signed instrument, 10 June 2021. The geographic and jurisdictional reach of this Act is confined to the Commonwealth of Australia, with no broader application beyond the specific reappointment of Martin Wallace. The Act does not explicitly state exclusions, exemptions, or thresholds, focusing solely on the reappointment of the individual. The scope of this legislation is narrow, targeting only the reappointment of Martin Wallace for the specified period. While the Act itself does not extend or restrict its application through subordinate instruments, it operates within the broader framework of the Competition and Consumer Act 2010, which may provide further context and regulatory oversight for the functions and responsibilities of the National Competition Council.

Key Provisions

The main operative sections of the legislation (F2021N00115) are set out clearly, with section numbers referenced for clarity. Section 1 reappoints Martin Wallace as a part-time Councillor of the National Competition Council, under the authority granted by subsection 29C(2) of the Competition and Consumer Act 2010. This reappointment is effective for a period of three months, beginning from the date of the signed instrument, which is 10 June 2021. The Governor-General, the Honourable David Hurley AC DSC (Retd), acting with the advice of the Federal Executive Council, authorises this reappointment. The Act imposes several obligations and requirements on Martin Wallace as the reappointed part-time Councillor. He is expected to dedicate a specified amount of time to his duties with the National Competition Council, consistent with the part-time nature of the role. This includes participating in council meetings, contributing to discussions, and assisting in the council's functions related to the Competition and Consumer Act 2010. The reappointment also entails adherence to any additional terms and conditions that may be outlined in the council's operational guidelines or directives from the council's leadership. In terms of breaches of the Act's provisions, there are no explicit offences, penalties, or consequences detailed within the text of the legislation itself. However, any failure to comply with the council's expectations or directives, or any misconduct during the term of the reappointment, may lead to further actions being taken by the National Competition Council or other relevant authorities. These actions could include termination of the reappointment or other disciplinary measures, though specific penalties are not outlined in this piece of legislation. It is also important to note that any legal action resulting from a breach would depend on the broader legislative and regulatory framework within which the council operates.