National Competition Council – Three Part-time Councillors – Appointments and Reappointment (No. 1) 2024

Overview

The National Competition Council – Three Part-time Councillors – Appointments and Reappointment (No. 1) 2024I is a notifiable instrument enacted to address the need for specific part-time appointments to the National Competition Council, as required under subsection 29C(2) of the Competition and Consumer Act 2010. This instrument was introduced to ensure that the Council maintains its capacity to function effectively and provide expert advice on matters related to competition policy and consumer protection in Australia. Enacted by the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, the policy objective of this instrument is to secure the necessary expertise and experience within the Council by appointing Craig Emerson and Sally McMahon and reappointing Katrina Groshinski as part-time Councillors for the period starting on 23 February 2024 and ending on 17 August 2025.

Scope and Application

The National Competition Council – Three Part-time Councillors – Appointments and Reappointment (No. 1) 2024 instrument, issued under the Competition and Consumer Act 2010, appoints Craig Emerson and Sally McMahon, and reappoints Katrina Groshinski, as part-time Councillors of the National Competition Council. This appointment and reappointment apply to these individuals specifically, who are thereby tasked with their roles within the council from 23 February 2024 until 17 August 2025. The instrument operates within the jurisdictional reach of the Commonwealth of Australia, given its reliance on the Competition and Consumer Act 2010, a federal statute. No exclusions, exemptions, or thresholds are explicitly mentioned in the instrument itself, though the broader Act may contain provisions that could affect the application of this appointment. The scope of the Act and its subordinate instruments may extend the application and set out further details concerning the conduct and responsibilities of these part-time Councillors within the National Competition Council.

Key Provisions

The main operative sections of the National Competition Council – Three Part-time Councillors – Appointments and Reappointment (No. 1) 2024I (the "Instrument") provide for the appointment of Craig Emerson and Sally McMahon, and the reappointment of Katrina Groshinski, as part-time councillors of the National Competition Council. This appointment and reappointment are pursuant to subsection 29C(2) of the Competition and Consumer Act 2010 (Cth) (the "Act"). The Instrument specifies that these appointments will commence on 23 February 2024 and conclude on 17 August 2025. The appointments are made by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. Under the Instrument, the obligations and requirements imposed on the appointed councillors include adherence to the terms of their part-time appointments. As councillors of the National Competition Council, they are expected to fulfil their duties as outlined in the Act and any relevant regulations or guidelines issued by the Council. The councillors are required to bring their expertise and independent judgment to bear on the Council's deliberations and decisions, which may include reviewing and making recommendations on matters related to competition policy, consumer protection, and related areas. Additionally, the councillors must ensure that they maintain a level of impartiality and independence in their roles, consistent with the responsibilities and expectations of their positions. The Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given the context of the Act and the nature of the councillors' roles, any failure to adhere to the terms of their appointments or to discharge their duties in accordance with the law could potentially lead to disciplinary action or other consequences as prescribed by the Act. For instance, any serious breach of the terms of appointment or misconduct could result in termination of their appointment, with any further consequences being determined in accordance with the Act and relevant regulations. Additionally, any actions taken by the councillors that may constitute an offence under the Act could result in criminal or civil penalties as provided for in the Act, which can include substantial fines and imprisonment for serious offences.