Under the Conduct Code Agreement of the National Competition Policy agreed in 1995, the Commonwealth on 9 October 2002 gave notice to the States and Territories (the States) that it desired to put forward Mr Graeme Samuel, A.O. and Mr Ed Willett for appointment by the Governor-General to the Australian Competition and Consumer Commission (ACCC) as Deputy Chairman and Commissioner respectively.
Following the conclusion of the specified 35 days which the States had to consider the nominations, three jurisdictions supported Mr Samuel's nomination. Five jurisdictions opposed it. Consequently, Mr Samuel will not be recommended to the Governor-General for appointment.
Seven jurisdictions supported Mr Willett's nomination. One jurisdiction opposed it. Consequently, the Commonwealth will recommend to the Governor-General that Mr Willett be appointed as a Commissioner of the ACCC.
Shortly I will be writing to the States and Territories giving notice of the Commonwealth's intention to fill a vacancy in the position of ACCC Chair from 1 July 2003 and a vacancy in the position of Deputy Chair.
This will provide the jurisdictions with 35 days to suggest suitable people to fill the vacancies.
When the Commonwealth has a person or persons who it desires to put to the Governor-General it will send notice to the States which will have 35 days in which to advise the Commonwealth whether they support the proposed nominations.
Should a majority of the States support the proposed nominations, the Commonwealth will recommend the names to the Governor-General for appointment.