Productivity Commission (Acting Commissioner) Appointment (No. 3) 2021

Overview

The Productivity Commission (Acting Commissioner) Appointment (No. 3) 2021 is a notifiable instrument enacted in 2021 to address the need for a temporary appointment to the office of a Commissioner of the Productivity Commission. The Productivity Commission Act 1998 provides the legislative framework for the Productivity Commission, an independent statutory authority that advises the Australian government on a wide range of economic and social issues. This particular appointment was made by Josh Frydenberg, the Treasurer of Australia, under the authority granted by section 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901. The policy objective of this appointment is to ensure the continued functioning and effectiveness of the Productivity Commission by filling a temporary vacancy in the office of a Commissioner. This instrument underscores the importance of maintaining the Commission's capacity to provide timely and relevant advice to the government.

Scope and Application

The Productivity Commission (Acting Commissioner) Appointment (No. 3) 2021I, executed under the authority vested in the Treasurer by sections 32(3) of the Productivity Commission Act 1998 and 33A(1) of the Acts Interpretation Act 1901, pertains specifically to the appointment of Stephen King as an Acting Commissioner of the Productivity Commission for a defined period. This legislation applies directly to the individual named, Stephen King, and to the entity, the Productivity Commission, establishing the terms and conditions of his appointment as an Acting Commissioner from 1 October 2021 to 31 December 2021. The scope of this appointment is confined to the federal level, operating within the Commonwealth jurisdiction. It does not extend to other states or territories, nor does it apply to other entities or individuals outside the specified terms of this particular appointment. The Act itself does not explicitly detail any exclusions, exemptions, or thresholds, but the appointment is bound by the existing terms and conditions applicable to a full-time Commissioner under the Productivity Commission Act 1998. This Act does not extend its application through subordinate instruments but stands as a specific and limited appointment notice.

Key Provisions

The main operative sections of this legislation are those that establish the appointment of Stephen King as an Acting Commissioner for the Productivity Commission. Specifically, section 1 of the Productivity Commission (Acting Commissioner) Appointment (No. 3) 2021I appoints Stephen King to act in the office of a Commissioner of the Productivity Commission from 1 October 2021 to 31 December 2021 on a full-time basis, with the same terms and conditions as a full-time Commissioner under sections 28 and 29 of the Productivity Commission Act 1998. This appointment is made under the authority provided in section 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901. Under this legislation, Stephen King is required to perform the duties of a Commissioner during his period of appointment. This includes participating in the work of the Commission, contributing to its analyses and research, and ensuring compliance with the requirements of the Productivity Commission Act 1998. The obligations of the Productivity Commission and the government in relation to this appointment are to ensure that Stephen King is provided with the necessary resources and support to carry out his duties effectively. This includes providing him with access to the Commission's facilities, staff, and information, and ensuring that he is remunerated in accordance with the terms and conditions applicable to full-time Commissioners. There are no specific offences or penalties outlined in this legislation for breach of its provisions. However, any breach of the terms and conditions of Stephen King's appointment, or any failure to perform his duties as Acting Commissioner, may give rise to disciplinary action or other consequences under the Productivity Commission Act 1998 or other relevant legislation. Additionally, any person who is aggrieved by a decision or action of the Productivity Commission in the course of Stephen King's appointment may have the right to seek redress under the Administrative Decisions (Judicial Review) Act 1977 or other relevant legislation.