National Competition Council – Part-time Councillor – Reappointment (No. 2) 2021

Overview

The National Competition Council – Part-time Councillor – Reappointment (No. 2) 2021 Instrument, enacted on 10 December 2021, facilitates the reappointment of Martin Wallace as a part-time Councillor of the National Competition Council. This instrument was introduced to ensure continuity and expertise within the council, which plays a crucial role in providing advice to the Australian Government on competition policy and its impact on consumers. The enactment was authorised by the Governor-General of the Commonwealth of Australia, General the Honourable David Hurley AC DSC (Retd), in accordance with subsection 29C(2) of the Competition and Consumer Act 2010. The underlying policy objective is to maintain an informed and experienced council capable of delivering robust advice on competition matters. The instrument was enacted by the Federal Executive Council, reflecting the collaborative governance approach between the executive and legislative branches in addressing the need for continuity in the council’s composition. This reappointment ensures that the council can effectively perform its functions, including reviewing and advising on competition policy, thereby safeguarding consumer interests and fostering competitive markets within Australia.

Scope and Application

The National Competition Council – Part-time Councillor – Reappointment (No. 2) 2021 Instrument pertains to the reappointment of Martin Wallace as a part-time Councillor of the National Competition Council under the Competition and Consumer Act 2010. This Act applies to the reappointment process of individuals serving on the Council, specifically in a part-time capacity. The instrument is a legislative measure within the Commonwealth jurisdiction and is applicable to the individual named, Martin Wallace, and his reappointment as a Councillor of the National Competition Council. The instrument sets forth the terms and conditions of this reappointment, including the duration, which is specified as two years starting the day after the date of the signed instrument. No exclusions, exemptions, or thresholds are outlined within this particular instrument, though it is pertinent to note that the overarching Competition and Consumer Act 2010 may encompass such provisions in other sections. The instrument itself does not extend or restrict the application of the Act through subordinate instruments, but rather operates as a specific legislative action to facilitate the reappointment of Martin Wallace under the terms outlined.

Key Provisions

The main operative sections of the instrument F2021N00306 (Notifiable instrument) involve the reappointment of Martin Wallace as a part-time Councillor of the National Competition Council. Under section 29C(2) of the Competition and Consumer Act 2010, the Governor-General, on the advice of the Federal Executive Council, reappoints Martin Wallace for a period of two years. This reappointment takes effect the day after the instrument is signed, which was dated 10 December 2021. This instrument imposes certain obligations on Martin Wallace and the National Competition Council. Martin Wallace, as a reappointed Councillor, is expected to fulfill the duties and responsibilities that come with his position. These duties may include participating in meetings, contributing to decisions, and working collaboratively with other Council members to ensure the effective functioning of the National Competition Council. The Council, in turn, must ensure that it provides Martin Wallace with the necessary support, resources, and information to carry out his role effectively. The instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any failure by Martin Wallace to adhere to the expected duties and responsibilities of a Councillor, or any procedural missteps by the Council in managing his appointment, could potentially lead to broader consequences under the Competition and Consumer Act 2010. Such consequences might include administrative actions, such as investigations or reviews, and could impact the Council's ability to operate effectively. In summary, this instrument is a formal notification of Martin Wallace's reappointment as a part-time Councillor of the National Competition Council for a two-year term. It sets out the roles and responsibilities for both the appointee and the Council, with an implicit understanding that adherence to these roles is critical for the proper functioning of the Council. While specific penalties for breaches are not detailed in this instrument, any failure to meet the outlined obligations could result in broader consequences under the governing Act.