Economic Planning Advisory Commission Act 1983 (Cth)

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C2004C03730

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983
- Updated as at 7 February 1996 (HISTACT CHAP 3330 #DATE 07:02:1996)

*1* The Economic Planning Advisory Commission Act 1983 as shown in this reprint comprises Act No. 26, 1983 amended as indicated in the Tables below. The Economic Planning Advisory Commission Act 1983 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. Table of Acts Act Date Date of Application Number and of assent commencement saving or year transitional provisions Economic Planning Advisory Council Act 1983 26, 1983 19 June 1983 8 July 1983 (see Gazette 1983, No. S143) Statute Law (Miscellaneous Provisions) Act (No. 2) 1983 91, 1983 22 Nov 1983 S. 3: Royal Assent (a) S. 6 (1) Public Service Reform Act 1984 63, 1984 25 June 1984 S. 151 (1): 1 July 1984 (see Gazette 1984, No. S245) (b) S. 151 (9) Public Service and Statutory Authorities Amendment Act 1985 166, 1985 11 Dec 1985 S. 45 (1): 8 Jan 1986 (c) S. 45 (2) Statute Law (Miscellaneous Provisions) Act 1988 38, 1988 3 June 1988 S. 3: Royal Assent (d) S. 5 (1) Prime Minister and Cabinet Legislation Amendment Act 1991 199, 1991 18 Dec 1991 18 Dec 1991 - Prime Minister and Cabinet (Miscellaneous Provisions) Act 1995 138, 1995 5 Dec 1995 5 Dec 1995 - (a) The Economic Planning Advisory Council Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2 (7) of which provides as follows: "(7) The amendments of the Economic Planning Advisory Council Act 1983 made by this Act shall come into operation on the day on which this Act receives the Royal Assent." (b) The Economic Planning Advisory Council Act 1983 was amended by subsection 151 (1) only of the Public Service Reform Act 1984, subsection 2 (4) of which provides as follows: "(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation." (c) The Economic Planning Advisory Council Act 1983 was amended by subsection 45 (1) only of the Public Service and Statutory Authorities Amendment Act 1985, subsection 2 (7) of which provides as follows: "(7) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent." (d) The Economic Planning Advisory Council Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent." Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected Title am. No. 138, 1995 Heading to Part I rep. No. 138, 1995 Heading to Part 1 ad. No. 138, 1995 S. 1 am. No. 138, 1995 S. 3 rs. No. 138, 1995 Part II (ss. 4-8) rep. No. 138, 1995 Part 2 (ss. 4-8) ad. No. 138, 1995 Ss. 4-6 rs. No. 138, 1995 S. 7 am. No. 91, 1983 rs. No. 138, 1995 S. 8 rs. No. 138, 1995 Part III (ss. 9-21) rep. No. 138, 1995 Part 3 (ss. 9-17) ad. No. 138, 1995 S. 9 am. No. 91, 1983; No. 38, 1988 rs. No. 138, 1995 Ss. 10-17 rs. No. 138, 1995 Ss. 18-21 rep. No. 138, 1995 Part IV (ss. 22-24) rep. No. 138, 1995 Part 4 (ss. 18-20) ad. No. 138, 1995 Ss. 18-20 ad. No. 138, 1995 S. 22 rep. No. 138, 1995 S. 23 am. No. 63, 1984; No. 199, 1991 rep. No. 138, 1995 S. 24 am. No. 166, 1985 rep. No. 138, 1995 Part V (ss. 25-28) rep. No. 138, 1995 Ss. 25, 26 rep. No. 138, 1995 S. 27 am. No. 91, 1983 rep. No. 138, 1995 S. 28 rep. No. 138, 1995 #ADD 26:2:1996

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS Section PART 1-PRELIMINARY 1. Short title 2. Commencement 3. Definitions PART 2-ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COMMISSION 4. Establishment of Commission 5. Constitution of Commission 6. Functions of Commission 7. Powers of Commission 8. Publication of Commission's reports and papers PART 3-COMMISSIONER, STAFF AND CONSULTANTS 9. Appointment of Commissioner 10. Remuneration and allowances of Commissioner 11. Leave of absence of Commissioner 12. Resignation of Commissioner 13. Ending of appointment of Commissioner 14. Terms and conditions not provided for by Act 15. Acting Commissioner 16. Staff 17. Consultants PART 4-MISCELLANEOUS 18. Annual report 19. Regulations 20. Transitional

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - LONG TITLE

SECT

An Act to establish an Economic Planning Advisory Commission

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - PART 1
PART 1-PRELIMINARY

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 1
Short title

SECT

1. This Act may be cited as the Economic Planning Advisory Commission Act 1983.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 3
Definitions

SECT

3. In this Act, unless the contrary intention appears: "Commission" means the Economic Planning Advisory Commission referred to in section 4; "Commissioner" means the person who, from time to time, holds the office of Commissioner and includes a person acting in that office.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - PART 2
PART 2-ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS
OF COMMISSION

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 4
Establishment of Commission

SECT

4. There is established a body by the name of the Economic Planning Advisory Commission.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 5
Constitution of Commission

SECT

5. (1) The Commission is constituted by a Commissioner.

(2) The Commissioner, under the Minister, is responsible for the performance of the Commission's functions.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 6
Functions of Commission

SECT

6. The Commission's functions are: (a) to investigate, or assist in the investigation of, matters relating to medium and long-term economic and social issues and provide, or assist in the provision of, information and advice to the Minister in respect of those matters; and (b) to promote public debate on, and public understanding of, economic and social issues; and (c) at the request of the Minister, to undertake special projects in respect of matters relating to economic and social issues; and (d) to seek, and report to the Minister on, the views of persons, and groups of persons, in industry, the trade union movement, and the community generally, in connection with the preparation of the annual Commonwealth budget.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 7
Powers of Commission

SECT

7. (1) The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) Without limiting subsection (1), the Commission may: (a) at the Minister's request, organise meetings of, and provide secretarial support to, any bodies or groups of people established to consider medium and long-term economic and social issues; and (b) with the Minister's agreement, provide information on matters related to its functions to any bodies or groups of people conducting inquiries into medium and long-term economic and social issues; and (c) prepare reports and papers on matters within its functions and give them to the Minister; and (d) organise, and participate in, seminars and conferences on matters related to its functions.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 8
Publication of Commission's reports and papers

SECT

8. (1) If a report or paper is prepared for the Minister by the Commission, the Minister may publish the report or paper by causing it to be made public in any way that he or she thinks appropriate.

(2) Without limiting subsection (1), the way, or a way, in which the Minister may cause a report or paper prepared by the Commission to be made public is by causing it to be laid before each House of the Parliament.

(3) If: (a) the Minister decides to publish a report or paper prepared by the Commission; and (b) the report or paper contains economic information the publication of which would, in the Minister's opinion, be contrary to the public interest; the Minister may publish the report with any deletions that the Minister considers necessary or desirable.

(4) If, in accordance with paragraph (3)(b), the Minister publishes a report or paper with deletions, the Minister must make it publicly known that the report was published with deletions.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - PART 3
PART 3-COMMISSIONER, STAFF AND CONSULTANTS

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 9
Appointment of Commissioner

SECT

9. (1) The Commissioner is to be appointed by the Minister.

(2) The Commissioner holds office for the period (which must not be more than 5 years) stated in the instrument of appointment, but is eligible for re-appointment.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 10
Remuneration and allowances of Commissioner

SECT

10. (1) The Commissioner is to be paid the remuneration determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid the remuneration that is prescribed by the regulations.

(2) The Commissioner is to be paid the allowances that are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 11
Leave of absence of Commissioner

SECT

11. (1) Subject to section 87E of the Public Service Act 1922, the Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 12
Resignation of Commissioner

SECT

12. The Commissioner may resign his or her office by writing signed by him or her and delivered to the Minister.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 13
Ending of appointment of Commissioner

SECT

13. (1) The Minister may end the appointment of the Commissioner because of misbehaviour or physical or mental incapacity.

(2) If the Commissioner: (a) engages in paid employment outside the duties of his or her office without the approval of the Minister; or (b) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; the Minister must end the Commissioner's appointment.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 14
Terms and conditions not provided for by Act

SECT

14. The Commissioner holds office on the terms and conditions (if any), in relation to matters not provided for by this Act, that are determined by the Minister.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 15
Acting Commissioner

SECT

15. The Minister may appoint a person to act as the Commissioner: (a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Commissioner is absent from Australia or, for any reason, is unable to perform the functions of his or her office.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 16
Staff

SECT

16. (1) The staff required to assist in the performance of the Commission's functions are to be people appointed or employed under the Public Service Act 1922.

(2) The Commissioner has all the powers of a Secretary under the Public Service Act 1922 as they relate to the branch of the Australian Public Service comprising the Commission's staff.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 17
Consultants

SECT

17. (1) The Commissioner may, on behalf of the Commonwealth, engage persons who have suitable qualifications and experience as consultants to the Commission.

(2) The terms and conditions of engagement of the persons engaged under subsection (1) are those determined by the Commissioner.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - PART 4
PART 4-MISCELLANEOUS

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 18
Annual report

SECT

18. (1) The Commissioner must, as soon as practicable after each 30 June, prepare and give to the Minister a report of the Commission's operations during the year that ended on that 30 June.

(2) The Minister must cause a copy of every report given to the Minister under subsection (1), to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 19
Regulations

SECT

19. The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

ECONOMIC PLANNING ADVISORY COMMISSION ACT 1983 - SECT 20
Transitional

SECT

20. In any Act, in any instrument under an Act, in any award or other industrial determination or order or any industrial agreement, in any other order (whether executive, judicial or otherwise), in any contract, in any pleading in, or process issued in connection with, any legal proceedings or in any other instrument, a reference to the Economic Planning Advisory Council is taken, except in relation to matters that occurred before the commencement of this section, to be a reference to the Commission.
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