Industry Commission Amendment Act 1995
No. 150 of 1995
CONTENTS
Section
1. Short title
2. Commencement
3. Schedule
SCHEDULE
AMENDMENTS OF THE INDUSTRY COMMISSION ACT 1989
Industry Commission Amendment Act 1995
No. 150 of 1995
An Act to amend the Industry Commission Act 1989
[Assented to 16 December 1995]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Industry Commission Amendment Act 1995.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Schedule
3. The Industry Commission Act 1989 is amended in accordance with the applicable items in the Schedule to this Act.
––––––––––––––
SCHEDULE Section 3
AMENDMENTS OF THE INDUSTRY COMMISSION ACT 1989
1. Paragraph 28(1)(b):
Omit “8”, substitute “11”.
2. Subsection 29(1):
Omit “on a full-time basis”.
3. After subsection 29(1):
Insert:
“(1A) The Chairperson must be appointed on a full-time basis. The other Commissioners may be appointed on a full-time or part-time basis.”.
4. Section 30:
Before “Commissioner” insert “full-time”.
5. Section 30:
Add at the end:
“(2) A part-time Commissioner must not engage in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.”.
6. After subsection 34(2):
Insert:
“(2A) The Chairperson may grant leave to a part-time Commissioner to be absent from a meeting or meetings of the Commission.”.
7. Subsection 35(4):
Omit “8”, substitute “11”.
8. Paragraph 38(5)(b):
Before “Commissioner” insert “full-time”.
9. After paragraph 38(5)(b):
Insert:
“(ba) a part-time Commissioner:
(i) engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties; or
(ii) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
SCHEDULE—continued
(iii) is absent, except on leave granted under subsection 34(2A), from 3 consecutive meetings of the Commission; or”.
10. Paragraph 40(5)(a):
Omit “3”, substitute “4”.
11. Subsection 40(8):
Omit “section 41”, substitute “sections 41 and 41A”.
12. After section 41:
Insert:
Constitution of Division by a single Commissioner in exceptional cases
“41 A.(1) This section applies if:
(a) only 1 member of a Division, or only 1 person appointed to act as such a member, is available to attend a public hearing by the Division; and
(b) the other members of the Division, and the other persons appointed to act as those members (if any), are unavailable to attend the hearing because of accident, illness, injury or any other reason beyond their control.
“(2) Despite section 41, if this section applies:
(a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member or acting member until 1 of the other members or acting members becomes available to attend the hearing; and
(b) while the sole available member or acting member is taken to constitute the Division, he or she is, for the purposes of this Act, taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.
“(3) Paragraph (2)(b) does not apply if the sole available member, or acting member, of the Division is the Chairperson or acting Chairperson.
“(4) In this section:
public hearing includes part of a public hearing.”.
[Minister’s second reading speech made in—
House of Representatives on 21 November 1995 Senate on 22 November 1995]
Overview
The Industry Commission Amendment Act 1995 was enacted by the Parliament of Australia and received Royal Assent on 16 December 1995. This Act was designed to amend the Industry Commission Act 1989, addressing various operational aspects of the Industry Commission, including the appointment and duties of its members. The policy objective behind these amendments was to enhance the efficiency and effectiveness of the Commission by allowing for more flexible appointment terms and clarifying the roles and responsibilities of full-time and part-time Commissioners.
The amendments introduced in the Act include adjustments to the number of Commissioners, the conditions under which Commissioners can be appointed, and the restrictions on part-time Commissioners’ additional employment. The Act also outlines specific circumstances under which a Division of the Commission may be constituted by a single Commissioner, ensuring continuity in the Commission’s proceedings despite the unavailability of other members. These changes were intended to provide greater flexibility in managing the workload and responsibilities of the Commission, ensuring that it could continue to operate effectively under varying circumstances.
Scope and Application
The Industry Commission Amendment Act 1995 amends the Industry Commission Act 1989, impacting the structure and operation of the Industry Commission. The Act applies to the Industry Commission and its members, specifically the Chairperson and Commissioners, within the Commonwealth jurisdiction of Australia. It modifies the appointment terms for the Chairperson and Commissioners, allowing for both full-time and part-time appointments while setting conditions for part-time Commissioners to prevent conflicts of interest. Additionally, the Act expands the scope of grounds for the removal of Commissioners, including new criteria such as absence from duty and engagement in conflicting employment. The Act also allows for the constitution of a Division by a single Commissioner in exceptional circumstances, such as when other members are unavailable due to uncontrollable reasons. The amendments are detailed in the Schedule of the Act, which provides specific changes to various sections of the original Act.
Key Provisions
The Industry Commission Amendment Act 1995 (No. 150 of 1995) amends the Industry Commission Act 1989, introducing several changes to the structure and operation of the Commission. The key operative sections include amendments to the appointment and role of Commissioners, with significant changes outlined in the Schedule. For instance, section 29(1) now permits the appointment of other Commissioners on a full-time or part-time basis, while section 29(1A) mandates the appointment of the Chairperson on a full-time basis. Furthermore, section 30 now specifies that a full-time Commissioner is subject to additional conditions, including a prohibition on engaging in any paid employment that conflicts with their duties (section 30(2)).
The obligations and requirements imposed by the Act are multifaceted. Firstly, the Act mandates that the Chairperson must be appointed on a full-time basis, ensuring a consistent and dedicated leadership role. Other Commissioners, however, may be appointed on either a full-time or part-time basis, providing flexibility in staffing. Part-time Commissioners, however, are subject to specific constraints. They must not engage in paid employment that conflicts with their Commission duties, and they must adhere to attendance requirements, including not being absent for more than 14 consecutive days or 28 days in any 12 months without leave, and not missing more than three consecutive meetings unless granted leave by the Chairperson (section 38(5)(ba)). Additionally, part-time Commissioners are subject to removal if they fail to meet these attendance and employment conditions.
In terms of penalties and consequences, the Act imposes significant measures for breaches of the outlined obligations. Specifically, part-time Commissioners who engage in conflicting paid employment or who fail to meet the attendance requirements can be removed from their position (section 38(5)(ba)). This removal is a substantial consequence, reflecting the importance of maintaining the integrity and effectiveness of the Commission’s operations. Furthermore, the Act does not explicitly state financial penalties but the removal from office serves as a strong deterrent against non-compliance, ensuring that the Commission operates efficiently and without conflict of interest.