Productivity Commission (Acting Commissioner) Appointment (No. 4) 2021
I, Josh Frydenberg, Treasurer, under section 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901, appoint Richard Spencer to act in the office of a Commissioner of the Productivity Commission, for the period 27 October 2021 to 26 January 2022, on a part-time basis and on the same terms and conditions that apply, as at the date of this appointment, to a part-time Commissioner under sections 28 and 30 of the Productivity Commission Act 1998.
Note: Richard Spencer has extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery within the meaning of subsection 24(4) of the Productivity Commission Act 1998.
Dated 29 September 2021
Josh Frydenberg
Treasurer
Overview
The Productivity Commission (Acting Commissioner) Appointment (No. 4) 2021I was enacted in 2021 by the Australian government to address the need for interim leadership within the Productivity Commission. The Productivity Commission Act 1998, as amended by the Acts Interpretation Act 1901, allows for the appointment of an acting commissioner when necessary. This particular instrument was introduced to ensure continuity and expertise in the Productivity Commission during a transition period, with Richard Spencer appointed to act as a Commissioner on a part-time basis from 27 October 2021 to 26 January 2022. Richard Spencer's extensive background in social welfare service delivery and the social effects of economic adjustment makes him well-suited to address the Commission's objectives during this interim period. The policy objective is to maintain the Commission's capacity to deliver critical economic and social analysis and advice to the government.
Scope and Application
The Productivity Commission (Acting Commissioner) Appointment (No. 4) 2021 Instrument appoints Richard Spencer as an acting Commissioner of the Productivity Commission, a body established under the Productivity Commission Act 1998, for a specified period of 27 October 2021 to 26 January 2022. This appointment is part-time and Richard Spencer will operate under the same terms and conditions applicable to part-time Commissioners as outlined in sections 28 and 30 of the Productivity Commission Act 1998. The instrument is made under the authority of the Treasurer, Josh Frydenberg, pursuant to sections 32(3) of the Productivity Commission Act 1998 and 33A(1) of the Acts Interpretation Act 1901. Richard Spencer's appointment is based on his extensive expertise in areas pertinent to the social effects of economic adjustment and social welfare service delivery, as defined in subsection 24(4) of the Productivity Commission Act 1998. This instrument does not extend beyond its specified terms and conditions, nor does it include any exclusions, exemptions, or thresholds beyond what is explicitly mentioned.
Key Provisions
The Productivity Commission (Acting Commissioner) Appointment (No. 4) 2021 instrument, issued under section 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901, appoints Richard Spencer to act as a Commissioner of the Productivity Commission. This appointment is for the period spanning 27 October 2021 to 26 January 2022 on a part-time basis. Richard Spencer's appointment is made on the same terms and conditions that apply to a part-time Commissioner under sections 28 and 30 of the Productivity Commission Act 1998.
The Act imposes several obligations and requirements on Richard Spencer as the Acting Commissioner. As per the terms of his appointment, he must adhere to the conditions outlined in the Productivity Commission Act 1998 for part-time Commissioners, ensuring he carries out his duties with the same level of commitment and expertise as a full-time Commissioner. His role is specifically to provide expertise in the social effects of economic adjustment and social welfare service delivery, areas in which he has substantial experience, as noted in subsection 24(4) of the Productivity Commission Act 1998.
In the event of a breach of the terms of his appointment or any associated duties, the legislation does not explicitly outline specific offences, penalties, or consequences. However, general legal principles would apply, and any misconduct or failure to perform duties could potentially result in disciplinary action or legal recourse. Given Richard Spencer's role and the importance of his responsibilities, adherence to the terms of his appointment is crucial to avoid any adverse outcomes.