National Competition Council – Part-time Councillor – Reappointment (No. 1) 2023

Overview

The National Competition Council – Part-time Councillor – Reappointment (No. 1) 2023I is a notifiable instrument enacted to address the need for the continuation of experienced and skilled council members within the National Competition Council (NCC), specifically for the period beginning on 11 December 2023 until 10 March 2024. This instrument was enacted by the Honourable David Hurley AC DSC (Retd), 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 primary objective of this instrument is to ensure the continuity of expertise and effective functioning of the NCC by reappointing Martin Wallace as a part-time Councillor. This reappointment allows for the ongoing contribution of experienced oversight and analysis to competition policy matters within Australia, maintaining the council’s capacity to provide valuable insights and recommendations.

Scope and Application

The National Competition Council – Part-time Councillor – Reappointment (No. 1) 2023 Instrument is a notifiable instrument under the Competition and Consumer Act 2010, specifically addressing the reappointment of Martin Wallace as a part-time Councillor of the National Competition Council for a specified period from 11 December 2023 to 10 March 2024. This legislation pertains to the reappointment of an individual to a specific role within the National Competition Council, an entity established under the Competition and Consumer Act 2010 to provide advice on the operation and administration of the competition provisions of the Act. The Act applies directly to Martin Wallace and the National Competition Council, with the reappointment process overseen by the Governor-General and involving the Federal Executive Council. The instrument is issued under subsection 29C(2) of the Competition and Consumer Act 2010, indicating its jurisdictional reach within the Commonwealth framework. The reappointment is subject to the terms and conditions specified in the Act and any applicable subordinate instruments, but there are no stated exclusions, exemptions, or thresholds within this particular instrument.

Key Provisions

The primary operative sections of the National Competition Council – Part-time Councillor – Reappointment (No. 1) 2023I, issued under the authority of subsection 29C(2) of the Competition and Consumer Act 2010, involve the reappointment of Martin Wallace as a part-time Councillor of the National Competition Council. According to the legislation, Martin Wallace is reappointed for a specific period, starting from 11 December 2023 and ending on 10 March 2024. This reappointment is executed by the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The reappointment is formally dated 7 December 2023 and is signed by Dr Andrew Leigh, the Assistant Minister for Competition, Charities and Treasury, who also serves as the Parliamentary Secretary to the Treasurer. This Act imposes specific obligations on Martin Wallace, who is reappointed as a part-time Councillor of the National Competition Council. As a Councillor, Wallace is expected to contribute to the Council’s functions by providing expert advice and participating in decision-making processes related to competition and consumer matters in Australia. His role will involve attending meetings, engaging in discussions, and possibly contributing to the drafting of reports or recommendations that align with the objectives of the Competition and Consumer Act 2010. The reappointment document highlights the Governor-General’s authority and the formal process that has been followed to ensure the legitimacy and legality of Wallace’s continued role in this capacity. The legislation does not explicitly outline specific offences, penalties, or consequences for breach related to the reappointment of Martin Wallace. However, any failure by Wallace to fulfill his duties as a part-time Councillor could potentially lead to administrative or disciplinary actions under the Competition and Consumer Act 2010. Although the Act does not specify maximum penalties, any misconduct or negligence by Wallace could result in consequences that might include formal reprimands, loss of position, or other measures deemed appropriate by the National Competition Council or higher authorities. It is also important to note that any breach of duty could potentially impact the Council’s effectiveness in regulating competition and consumer matters, leading to broader implications for the enforcement and administration of the Act.