Productivity Commission Regulations 1998
Statutory Rules 1998 No. 255 as amended
made under the
Productivity Commission Act 1998
This compilation was prepared on 14 June 2007
taking into account amendments up to SLI 2007 No. 148
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Estimated value of consultancy (Act, s 45 (4))
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Productivity Commission Regulations 1998.
2 Commencement [see Note 1]
These Regulations commence on gazettal.
3 Definition
In these Regulations:
Act means the Productivity Commission Act 1998.
4 Estimated value of consultancy (Act, s 45 (4))
For subsection 45 (4) of the Act, the prescribed amount is $80 000.
Notes to the Productivity Commission Regulations 1998
Note 1
The Productivity Commission Regulations 1998 (in force under the Productivity Commission Act 1998) as shown in this compilation comprise Statutory Rules 1998 No. 255 amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.
Table of Instruments
Year and
Number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1998 No. 255 | 6 Aug 1998 | 6 Aug 1998 | |
2007 No. 148 | 13 June 2007 (see F2007L01551) | 14 June 2007 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 2007 No. 148 |
Overview
The Productivity Commission Regulations 1998, as amended, were enacted under the Productivity Commission Act 1998, to provide detailed provisions and regulatory framework that complements the overarching Act. These regulations came into force on the date of their gazettal, establishing a formal structure for the operation and administration of the Productivity Commission as outlined in the Act. They serve to fill specific operational gaps by detailing procedures, thresholds, and other regulatory aspects necessary for the Commission's effective functioning. The regulations were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and are intended to ensure that the Commission can efficiently carry out its mandate of enhancing the welfare of Australians through improved productivity, economic growth, and efficient government policies. The primary objective, as stated within the text, is to provide a clear and actionable framework that supports the overarching goals of the Productivity Commission Act.
Scope and Application
The Productivity Commission Regulations 1998, made under the Productivity Commission Act 1998, govern the procedures and administrative aspects of the Productivity Commission. These regulations apply to the Commission and its operations, defining specific details such as the estimated value of consultancy services that the Commission may contract. The regulations commenced upon their gazettal and have since been amended to reflect changes in the legislative landscape. Notably, the regulations specify that the prescribed amount for consultancy services under section 45(4) of the Act is $80,000. These regulations have a national jurisdictional reach, impacting the operations of the Productivity Commission across Australia. They do not explicitly state exclusions or exemptions but operate within the broader framework of the Productivity Commission Act, allowing for further detailing through subordinate instruments.
Key Provisions
The Productivity Commission Regulations 1998, which are in force under the Productivity Commission Act 1998, contain several key provisions that are essential for the proper functioning and oversight of the Productivity Commission. Section 3 of these Regulations provides a definition of "Act" which refers to the Productivity Commission Act 1998. The Regulations themselves commence on the date of their gazettal, as stated in Section 2. One of the significant sections is Section 4, which specifies the estimated value of consultancy services for the purposes of subsection 45(4) of the Act, setting this amount at $80,000.
The Regulations impose certain obligations and requirements on the parties and entities governed by them. For instance, they provide clarity on the value of consultancy services that can be procured by the Productivity Commission, ensuring that financial thresholds and limitations are adhered to. This provision aids in maintaining transparency and accountability in the procurement process, allowing for better management of resources and ensuring that the Commission operates within its budgetary constraints.
Failure to comply with the provisions of these Regulations may lead to various consequences. While the specific offences and penalties are not detailed in the provided text, it is common for breaches of legislative instruments to attract civil or criminal penalties, depending on the nature and severity of the breach. In general, penalties for breaches of administrative regulations can include fines, enforcement actions, and in more severe cases, legal proceedings that could lead to imprisonment. The exact penalties would be determined by the relevant legislation and the discretion of the courts.