Productivity Commission – Part-Time Commissioner – Reappointment (No. 1) 2021

Overview

The Productivity Commission – Part-Time Commissioner – Reappointment (No. 1) 2021 Instrument is a legislative instrument enacted to address the need for continuity and expertise within the Productivity Commission, a statutory body established under the Productivity Commission Act 1998. This instrument was made under the authority of the Governor-General of the Commonwealth of Australia, the Honourable David Hurley AC DSC (Retd), and was issued on 16 December 2021. The policy objective behind this reappointment is to ensure that the Productivity Commission maintains its capacity to deliver independent, evidence-based research and advice on ways to improve Australia's productivity, economic well-being, and living standards. The instrument reappoints Stephen King as a part-time Commissioner of the Productivity Commission for a period of five years, starting from 1 January 2022. This reappointment aims to leverage Mr King’s expertise and experience to contribute effectively to the Commission's ongoing work, thereby maintaining the high standard of analysis and recommendations that the Commission is known for. The decision was made with the advice of the Federal Executive Council and in accordance with subsection 24(1) of the Productivity Commission Act 1998, ensuring the process aligns with legislative requirements and governance standards.

Scope and Application

The Productivity Commission – Part-Time Commissioner – Reappointment (No. 1) 2021 instrument is a legislative instrument under the Productivity Commission Act 1998, which reappoints Stephen King as a part-time Commissioner of the Productivity Commission for a period of five years from 1 January 2022. The Act applies to the individual reappointed, namely Stephen King, who must meet the eligibility criteria set out in the Productivity Commission Act 1998 to be considered for the role. The instrument does not specify any exclusions, exemptions, or thresholds applicable to the reappointment. The instrument has a national jurisdictional reach, applying across the Commonwealth of Australia as per the provisions of the Productivity Commission Act 1998. The instrument may be extended or restricted in application through subordinate instruments, but this is not specified in the text.

Key Provisions

The main operative sections of this legislation are straightforward and focused on the reappointment of Stephen King as a part-time Commissioner of the Productivity Commission. Section 1 formally reappoints Stephen King, effective from 1 January 2022, for a term of five years. This reappointment is under the authority granted by subsection 24(1) of the Productivity Commission Act 1998. The reappointment is made by the Governor General, acting with the advice of the Federal Executive Council, as stated in Section 2. The legislation is dated 16 December 2021 and signed by the Governor General, David Hurley, and the Treasurer, Josh Frydenberg. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily administrative and procedural. The Productivity Commission must ensure that Stephen King is formally reappointed as a part-time Commissioner, with the term beginning on the specified date. The Commission is also responsible for any administrative tasks related to the reappointment, such as updating official records and notifying relevant stakeholders. The Federal Executive Council's advice is integral to the process, ensuring that the reappointment is carried out in accordance with existing legal frameworks and government procedures. There are no specific offences, penalties, or civil/criminal consequences mentioned in the legislation for breach of its provisions. Given the administrative nature of the Act, any failure to comply with its requirements would likely be addressed through internal government processes rather than through criminal or civil penalties. The Act focuses on the procedural aspects of reappointment, and it does not detail sanctions for non-compliance. However, the absence of penalties does not imply that there are no repercussions for failing to meet the obligations outlined; rather, it suggests that such failures would be managed within the existing administrative and legal frameworks of the government.