Productivity Commission (Acting Commissioner) Appointment (No. 1) 2021

Overview

The Productivity Commission (Acting Commissioner) Appointment (No. 1) 2021 Instrument was enacted to address the need for an acting Commissioner of the Productivity Commission for a specified period. This instrument, dated 28 June 2021, was issued under subsection 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901 by the Treasurer, Josh Frydenberg. It appoints Stephen King to act in the office of a Commissioner on a full-time basis from 1 July 2021 to 30 September 2021, ensuring continuity of leadership and operations within the Commission during this interim period. The instrument was introduced by the Australian Parliament to provide a temporary solution to the vacancy or unavailability of a full-time Commissioner, thereby maintaining the Productivity Commission's ability to function effectively and deliver its mandated research and reviews.

Scope and Application

The Productivity Commission (Acting Commissioner) Appointment (No. 1) 2021I, issued by the Treasurer Josh Frydenberg under the authority of the Productivity Commission Act 1998 and the Acts Interpretation Act 1901, appoints Stephen King to act as a Commissioner of the Productivity Commission on a full-time basis from 1 July 2021 to 30 September 2021. The appointment aligns with the terms and conditions applicable to a full-time Commissioner under the Productivity Commission Act 1998. This legislation pertains to the interim appointment of a Commissioner and does not extend to altering the general structure or functions of the Productivity Commission but rather focuses on ensuring continuity in leadership during the specified period. The scope of this notifiable instrument is limited to the appointment process and the specific timeframe for the acting role of Stephen King, without imposing any additional regulatory constraints or exemptions on the Commission's broader operations.

Key Provisions

The main operative sections of the Productivity Commission (Acting Commissioner) Appointment (No. 1) 2021 instrument (F2021N00133) appoint Stephen King to act in the office of a Commissioner of the Productivity Commission for a specified period. Under subsection 32(3) of the Productivity Commission Act 1998, the Treasurer, Josh Frydenberg, appoints Stephen King to this role from 1 July 2021 to 30 September 2021. This appointment is made on a full-time basis, and Stephen King is to be given the same terms and conditions as a full-time Commissioner, as outlined in sections 28 and 29 of the Productivity Commission Act 1998. This ensures that the acting Commissioner receives appropriate remuneration and benefits equivalent to those of a permanent Commissioner during the period of their appointment. The obligations and requirements imposed by the Act on Stephen King and the Productivity Commission include performing the duties and responsibilities of a Commissioner in accordance with the Productivity Commission Act 1998. This includes engaging in inquiries, research, and studies that enhance economic, social, and environmental wellbeing in Australia, as well as providing advice to the Government on policy matters. Stephen King must carry out these duties diligently and in good faith, ensuring that the Commission’s work is conducted with integrity and in accordance with relevant legislation. Additionally, the Productivity Commission is required to provide Stephen King with the necessary resources and support to effectively perform his role. The instrument does not explicitly detail specific offences or penalties for breaches of its provisions. However, breaches of the duties and responsibilities outlined in the Productivity Commission Act 1998 could potentially lead to disciplinary actions or other consequences as provided by the Act. The Productivity Commission Act 1998 itself includes provisions for the removal of a Commissioner for misconduct or incapacity, and such actions may carry significant implications for the individual involved. Additionally, any failure to comply with statutory requirements could result in legal actions or inquiries, depending on the nature and severity of the breach.