{"id":"C2004A05326","name":"Productivity Commission Act 1998","slug":"productivity-commission-act-1998","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"14 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7812,"registerId":"commonwealth-C2004A05326-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Productivity Commission Act 1998.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner appointed under section 25.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Productivity Commission established by this Act, and includes a Division of the Commission performing functions of the Commission.\n\n> Commissioner means:\n\n    (a) the Chair; or\n    (b) a Commissioner appointed under section 24.\n\n> Commonwealth authority means:\n\n    (a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a Territory; or\n    (b) a company or other body corporate in which the Commonwealth, a Territory or a body referred to in paragraph (a) has a controlling interest.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> Division means a Division of the Commission established under section 40.\n\n> government body includes:\n\n    (a) a body consisting of representatives of 2 or more government bodies; and\n    (b) an international government body.\n\n> hearing means a hearing held for the purposes of an inquiry.\n\n> industry means industry of any kind (including any business or activity relating to goods or services), and a reference to industry is a reference to industry in general, a particular industry, a part of an industry, or a group or groups of particular industries.\n\n> inquiry means an inquiry held under this Act.\n\n> member means:\n\n    (a) a Commissioner (including the Chair); or\n    (b) an Associate Commissioner.\n\n> subject of Commonwealth power means any matter with respect to which the Parliament has power to make laws.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"#### 4 Act binds Crown\n\n  (1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.\n  (3) The protection in subsection (2) does not apply to a Commonwealth authority.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and functions of Productivity Commission","content":"## Part 2—Establishment and functions of Productivity Commission","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Commission","content":"#### 5 Establishment of Commission\n\n  (1) The Productivity Commission is established.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the Chair is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the Chair;\n    (ii) the other members;\n    (iii) the staff of the Commission referred to in section 44;\n    (iv) consultants engaged under section 45; and\n    (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Commission","content":"#### 6 Functions of Commission\n\n  (1) The functions of the Commission are:\n    (a) to hold inquiries and report to the Minister about matters relating to industry, industry development and productivity that are referred to it by the Minister; and\n    (b) to provide secretariat services and research services to government bodies as directed by the Minister; and\n    (c) on and after 1 July 1997, to receive and investigate complaints about the implementation of competitive neutrality arrangements in relation to Commonwealth government businesses and business activities and to report to the Minister on its investigations; and\n    (d) to provide advice to the Minister about matters relating to industry, industry development and productivity, as requested by the Minister; and\n    (e) to undertake, on its own initiative, research about matters relating to industry, industry development and productivity; and\n    (f) to promote public understanding of matters relating to industry, industry development and productivity; and\n    (g) to perform any other function conferred on it by this Act; and\n    (h) to do anything incidental to any of the preceding functions.\n  (2) In this section:\n\n> matters relating to industry, industry development and productivity includes legislative or administrative action taken, or to be taken, by the Commonwealth, a State or a Territory that affects or might affect the productivity performance of industry, industry development, or the productivity performance of the economy as a whole.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"General power of Commission","content":"#### 7 General power of Commission\n\n  The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"General policy guidelines for Commission","content":"#### 8 General policy guidelines for Commission\n\n  (1) In the performance of its functions, the Commission must have regard to the need:\n    (a) to improve the overall economic performance of the economy through higher productivity in the public and private sectors in order to achieve higher living standards for all members of the Australian community; and\n    (b) to reduce regulation of industry (including regulation by the States, Territories and local government) where this is consistent with the social and economic goals of the Commonwealth Government; and\n    (c) to encourage the development and growth of Australian industries that are efficient in their use of resources, enterprising, innovative and internationally competitive; and\n    (d) to facilitate adjustment to structural changes in the economy and the avoidance of social and economic hardships arising from those changes; and\n    (e) to recognise the interests of industries, employees, consumers and the community, likely to be affected by measures proposed by the Commission; and\n    (f) to increase employment, including in regional areas; and\n    (g) to promote regional development; and\n    (h) to recognise the progress made by Australia’s trading partners in reducing both tariff and non‑tariff barriers; and\n    (i) to ensure that industry develops in a way that is ecologically sustainable; and\n    (j) for Australia to meet its international obligations and commitments.\n  (2) In the performance of its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister.\n  (3) The Commission, in all reports on matters referred to it, must provide a variety of viewpoints and options representing alternative means of addressing the issues in the report. If the report relies on formal mathematical economic modelling, the Commission must either:\n    (a) if practicable—utilise at least 2 different economic models, with the assumptions and results of those models made explicit in the report; or\n    (b) if it is not practicable to utilise at least 2 different economic models, appoint, and report on the views of, an independent reference panel on the modelling.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Flexibility and range of working methods in performance of Commission’s functions","content":"#### 9 Flexibility and range of working methods in performance of Commission’s functions\n\n  In the performance of its functions, the Commission:\n    (a) is not required to act in a formal manner; and\n    (b) may inform itself on any matter in any way it thinks fit; and\n    (c) may consult with anyone it thinks fit; and\n    (d) may receive written or oral information or submissions; and\n    (e) may hold public seminars, conduct workshops and establish working groups and task forces.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Annual report","content":"#### 10 Annual report\n\n  (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and\n    (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and\n    (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole.\n  (2) The report may also report on industry and productivity performance generally.\n  (3) In this section:\n\n> assistance includes any act that, directly or indirectly:\n\n    (a) assists a person to carry on a business or activity; or\n    (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Inquiries","content":"An Act to establish the Productivity Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Productivity Commission Act 1998.\n\n#### 2 Commencement\n\n  This Act commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner appointed under section 25.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Productivity Commission established by this Act, and includes a Division of the Commission performing functions of the Commission.\n\n> Commissioner means:\n\n    (a) the Chair; or\n    (b) a Commissioner appointed under section 24.\n\n> Commonwealth authority means:\n\n    (a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a Territory; or\n    (b) a company or other body corporate in which the Commonwealth, a Territory or a body referred to in paragraph (a) has a controlling interest.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> Division means a Division of the Commission established under section 40.\n\n> government body includes:\n\n    (a) a body consisting of representatives of 2 or more government bodies; and\n    (b) an international government body.\n\n> hearing means a hearing held for the purposes of an inquiry.\n\n> industry means industry of any kind (including any business or activity relating to goods or services), and a reference to industry is a reference to industry in general, a particular industry, a part of an industry, or a group or groups of particular industries.\n\n> inquiry means an inquiry held under this Act.\n\n> member means:\n\n    (a) a Commissioner (including the Chair); or\n    (b) an Associate Commissioner.\n\n> subject of Commonwealth power means any matter with respect to which the Parliament has power to make laws.\n\n#### 4 Act binds Crown\n\n  (1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.\n  (3) The protection in subsection (2) does not apply to a Commonwealth authority.\n\n## Part 2—Establishment and functions of Productivity Commission\n\n#### 5 Establishment of Commission\n\n  (1) The Productivity Commission is established.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the Chair is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the Chair;\n    (ii) the other members;\n    (iii) the staff of the Commission referred to in section 44;\n    (iv) consultants engaged under section 45; and\n    (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4.\n\n#### 6 Functions of Commission\n\n  (1) The functions of the Commission are:\n    (a) to hold inquiries and report to the Minister about matters relating to industry, industry development and productivity that are referred to it by the Minister; and\n    (b) to provide secretariat services and research services to government bodies as directed by the Minister; and\n    (c) on and after 1 July 1997, to receive and investigate complaints about the implementation of competitive neutrality arrangements in relation to Commonwealth government businesses and business activities and to report to the Minister on its investigations; and\n    (d) to provide advice to the Minister about matters relating to industry, industry development and productivity, as requested by the Minister; and\n    (e) to undertake, on its own initiative, research about matters relating to industry, industry development and productivity; and\n    (f) to promote public understanding of matters relating to industry, industry development and productivity; and\n    (g) to perform any other function conferred on it by this Act; and\n    (h) to do anything incidental to any of the preceding functions.\n  (2) In this section:\n\n> matters relating to industry, industry development and productivity includes legislative or administrative action taken, or to be taken, by the Commonwealth, a State or a Territory that affects or might affect the productivity performance of industry, industry development, or the productivity performance of the economy as a whole.\n\n#### 7 General power of Commission\n\n  The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n#### 8 General policy guidelines for Commission\n\n  (1) In the performance of its functions, the Commission must have regard to the need:\n    (a) to improve the overall economic performance of the economy through higher productivity in the public and private sectors in order to achieve higher living standards for all members of the Australian community; and\n    (b) to reduce regulation of industry (including regulation by the States, Territories and local government) where this is consistent with the social and economic goals of the Commonwealth Government; and\n    (c) to encourage the development and growth of Australian industries that are efficient in their use of resources, enterprising, innovative and internationally competitive; and\n    (d) to facilitate adjustment to structural changes in the economy and the avoidance of social and economic hardships arising from those changes; and\n    (e) to recognise the interests of industries, employees, consumers and the community, likely to be affected by measures proposed by the Commission; and\n    (f) to increase employment, including in regional areas; and\n    (g) to promote regional development; and\n    (h) to recognise the progress made by Australia’s trading partners in reducing both tariff and non‑tariff barriers; and\n    (i) to ensure that industry develops in a way that is ecologically sustainable; and\n    (j) for Australia to meet its international obligations and commitments.\n  (2) In the performance of its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister.\n  (3) The Commission, in all reports on matters referred to it, must provide a variety of viewpoints and options representing alternative means of addressing the issues in the report. If the report relies on formal mathematical economic modelling, the Commission must either:\n    (a) if practicable—utilise at least 2 different economic models, with the assumptions and results of those models made explicit in the report; or\n    (b) if it is not practicable to utilise at least 2 different economic models, appoint, and report on the views of, an independent reference panel on the modelling.\n\n#### 9 Flexibility and range of working methods in performance of Commission’s functions\n\n  In the performance of its functions, the Commission:\n    (a) is not required to act in a formal manner; and\n    (b) may inform itself on any matter in any way it thinks fit; and\n    (c) may consult with anyone it thinks fit; and\n    (d) may receive written or oral information or submissions; and\n    (e) may hold public seminars, conduct workshops and establish working groups and task forces.\n\n#### 10 Annual report\n\n  (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and\n    (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and\n    (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole.\n  (2) The report may also report on industry and productivity performance generally.\n  (3) In this section:\n\n> assistance includes any act that, directly or indirectly:\n\n    (a) assists a person to carry on a business or activity; or\n    (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity.\n\n## Part 3—Inquiries\n\n### Division 1—Reference to Commission for inquiry and report\n\n#### 11 Reference of matters to Commission for inquiry\n\n  (1) In referring a matter to the Commission for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:\n    (a) require the Commission to hold hearings for the purposes of the inquiry;\n    (b) specify a period within which the Commission must submit its report on the inquiry to the Minister;\n    (c) require the Commission to make a draft report available to the public during an inquiry;\n    (d) require the Commission to make recommendations in relation to the matter;\n  and the Commission must act accordingly.\n  (2) The Commission must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commission.\n  (3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commission.\n  (4) If the Minister refers a matter to the Commission for inquiry, the Commission may also make recommendations in the report on any matters relevant to the matter referred.\n\n#### 12 Report of inquiry to be tabled\n\n  The Minister must cause a copy of the Commission’s report on an inquiry to be tabled in each House of the Parliament:\n    (a) within 25 sitting days of that House after the day on which the Minister receives it; or\n    (b) if the Commission recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.\n\n### Division 2—Conduct of inquiries\n\n#### 13 Notice of inquiry\n\n  As soon as practicable after the Commission receives a reference to hold an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the inquiry.\n\n#### 14 Notice of hearings\n\n  Before the Commission begins to hold hearings for the purposes of an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.\n\n#### 15 Procedure at hearings\n\n  (1) A hearing must be held in public except in the circumstances set out in subsection (2).\n  (2) If the Commission is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:\n    (a) direct that the hearing, or that part of it, take place in private; and\n    (b) give directions as to who may be present.\n  (3) Sections 39 and 40 apply to a hearing, so far as those sections are capable of so applying, as if the hearing were a meeting of the Commission.\n\n#### 16 Written statements etc. to be made public\n\n  If:\n    (a) the Commission is required to hold hearings for the purposes of an inquiry; and\n    (b) a person gives written evidence to the inquiry or gives or produces a document to the Commission in connection with the inquiry;\n  the Commission must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:\n    (c) that the person objects to being made public; and\n    (d) the evidence of which the Commission is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.\n\n## Part 4—Other functions of the Commission\n\n### Division 1—Advice, research and secretariat functions\n\n#### 17 Requests for advice\n\n  (1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:\n    (a) that the advice is to be in writing;\n    (b) a period within which the advice is to be given;\n    (c) any matter to which the Commission is to have regard in giving the advice;\n  and the Commission must act accordingly.\n  (2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.\n  (3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.\n\n#### 18 Minister may publish Commission’s advice\n\n  (1) The Minister may publish advice given by the Commission under section 17 in any way he or she thinks fit.\n  (2) If:\n    (a) the Minister decides to publish the advice; and\n    (b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;\n  the Minister may publish the advice with deletions.\n  (3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.\n\n#### 19 Secretariat services and research services to government bodies\n\n  (1) If the Minister directs the Commission to provide secretariat services or research services to a government body, the direction must be in writing.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to provide the services.\n\n#### 20 Research services on request of other bodies\n\n  (1) If:\n    (a) a person or body (other than a government body) requests the Commission to undertake a specified research project for the person or body; and\n    (b) the project relates to a matter or matters relating to industry, industry development and productivity, as defined in section 6; and\n    (c) the Minister consents, in writing, to the Commission undertaking the project;\n  the Commission may undertake the project.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to undertake the project.\n\n### Division 2—Competitive neutrality complaints\n\n#### 21 Complaints to the Commission\n\n  (1) A person may complain to the Commission that:\n    (a) a particular Commonwealth Government business or business activity, or a business or business activity competing with a Commonwealth Government business or business activity, is not conducted in accordance with competitive neutrality arrangements that apply to it; or\n    (b) a particular Commonwealth government or business activity, or a business or business activity competing with a Commonwealth government business or business activity, should be required to be conducted in accordance with competitive neutrality arrangements.\n  (2) The complaint must be in writing.\n  (3) The Commission is to give particular regard to ensuring the interests of users of the service are considered in relation to the complaint and may invite submissions from interested parties.\n  (4) In addition to the obligations imposed on the functions of the Commission in section 8, the Commission must give particular consideration to the public interest requirements in clause 1 of the Competition Principles Agreement signed by the Commonwealth Government on 11 April 1995.\n  (5) Competitive neutrality arrangements are the arrangements referred to by that name in the Commonwealth Government Competitive Neutrality Statement of June 1996 (the aim of which is to ensure that significant business activities do not enjoy net competitive advantages or disadvantages in comparison with their competitors by virtue of their public sector ownership).\n\n#### 22 Discretion not to investigate complaints\n\n  (1) The Commission may decide not to investigate a complaint, if in the opinion of the Commission:\n    (a) the complaint is frivolous or vexatious or was not made in good faith; or\n    (b) the complainant does not have sufficient interest in the subject matter of the complaint; or\n    (c) an investigation is not warranted having regard to all the relevant circumstances.\n  (2) If the Commission decides not to investigate a complaint it must inform the complainant of the decision.\n\n## Part 5—Constitution and operation of Commission\n\n### Division 1—Structure of Commission\n\n#### 23 Constitution of Commission\n\n  (1) The Commission consists of:\n    (a) a Chair; and\n    (b) not fewer than 4 nor more than 12 other Commissioners.\n  (2) The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of:\n    (a) a vacancy in the office of Chair; or\n    (b) the number of Commissioners falling below 5 for a period of not more than 3 months; or\n    (c) the lack of a Commissioner who meets the requirements of subsection 24(3), (4), (5) or (6) for a period of not more than 4 months.\n\n#### 24 Appointment of Commissioners\n\n  (1) The Commissioners are to be appointed by the Governor‑General.\n  (2) A person must not be appointed as a Commissioner unless he or she has, in the opinion of the Governor‑General, qualifications and experience relevant to the Commission’s functions.\n  (3) At least one Commissioner must have extensive skills and experience in applying the principles of ecologically sustainable development and environmental conservation.\n  (4) At least one Commissioner must have extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery.\n  (5) At least one Commissioner must have extensive skills and experience acquired in working in Australian industry.\n  (6) At least one Commissioner must:\n    (a) have extensive skills and experience in dealing with policies and programs that have an impact on Indigenous persons; and\n    (b) have experience in dealing with one or more communities of Indigenous persons.\n\n#### 25 Appointment of Associate Commissioners\n\n  (1) The Minister may, after consulting with the Chair, appoint Associate Commissioners to the Commission.\n  (2) Despite subsection (1), the Minister must appoint an Associate Commissioner for the purposes of an inquiry on the matter mentioned in subsection 87(1) or (2) or 88(1) or (2) of the Water Act 2007.\n  (3) An Associate Commissioner appointed under subsection (2) must have extensive skills and experience in water resource management.\n\n#### 26 Terms and conditions of appointment of members\n\n  (1) The Chair must be appointed on a full‑time basis.\n  (2) The other members of the Commission may be appointed either on a full‑time or part‑time basis.\n  (6) A member is appointed for the term, not longer than 5 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.\n  (7) A member’s appointment is subject to any terms and conditions set out in the instrument of appointment.\n\n#### 27 Outside employment\n\n  (1) A full‑time member must not engage in paid employment outside the duties of his or her office, except with the Minister’s consent.\n  (2) A part‑time member must not engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.\n\n#### 28 Remuneration and allowances\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the prescribed allowances.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave of absence for full‑time members\n\n  (1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time member leave of absence (other than recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Minister may, by written instrument, delegate to the Chair the Minister’s powers under subsection (2) (other than powers in relation to the Chair).\n\n#### 30 Leave of absence for part‑time members\n\n  The Chair may grant leave to a part‑time member to be absent from a meeting or meetings of the Commission.\n\n#### 31 Deputy Chair\n\n  (1) The Minister may, in writing, appoint one of the full‑time Commissioners to be the Deputy Chair for such period as is specified in the instrument of appointment.\n  (2) The Deputy Chair must assist the Chair in the exercise of the powers and the performance of the duties of the Chair.\n  (3) The Deputy Chair holds office until:\n    (a) his or her term of office as Deputy Chair expires; or\n    (b) he or she ceases to be a Commissioner; or\n    (c) the Chair ends the appointment;\n  whichever first happens.\n  (4) A Commissioner may resign an appointment as Deputy Chair by giving the Chair a signed notice of resignation, but the resignation is not effective until it is accepted by the Chair.\n\n#### 32 Acting appointments\n\n  (1) The Deputy Chair is to act as Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint another Commissioner to act as Chair if:\n    (a) there is a vacancy in the office of Chair and the office of Deputy Chair (whether or not an appointment has been made to either or both of those offices); or\n    (b) the Chair and Deputy Chair are absent from duty or from Australia or are, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person (including an Associate Commissioner) to act as a Commissioner (other than the Chair ):\n    (a) during a vacancy in the office of the Commissioner; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 33 Resignation of member\n\n  (1) A Commissioner may resign by giving the Governor‑General a signed notice of resignation.\n  (2) An Associate Commissioner may resign by giving the Minister a signed notice of resignation.\n\n#### 34 Retirement of member\n\n  (1) The Governor‑General may retire a Commissioner on the ground of invalidity if the Commissioner consents.\n  (2) The Minister may retire an Associate Commissioner on the ground of invalidity if the Associate Commissioner consents.\n\n#### 35 Termination of member\n\n  (1) The Governor‑General may terminate a Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate a Commissioner’s appointment:\n    (a) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Commissioner is a full‑time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Commissioner is a full‑time Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Commissioner is a part‑time Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.\n  (3) The Minister may terminate an Associate Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (4) The Minister must terminate an Associate Commissioner’s appointment:\n    (a) if the Associate Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Associate Commissioner is a full‑time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Associate Commissioner is a full‑time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Associate Commissioner is a part‑time Associate Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Associate Commissioner’s duties.\n  (5) A member is not to be removed from office except as provided in this section.\n\n#### 36 Removal taken to be retirement on ground of invalidity\n\n  (1) If a member:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office.\n  (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.\n  (3) If a member:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.\n  (5) If a member:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.\n\n#### 37 Retirement on ground of invalidity under the Superannuation Acts\n\n  (1) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) has not reached his or her maximum retiring age (within the meaning of that Act);\n  is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.\n  (2) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.\n  (3) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.\n\n### Division 2—Operation of Commission\n\n#### 38 Role of Chair\n\n  The Chair is to manage the Commission and to ensure the efficient performance of the Commission’s functions.\n\n#### 39 Meetings of Commission\n\n  (1) The Chair is to convene such meetings of the Commission he or she thinks necessary for the efficient performance of the functions of the Commission.\n  (2) Meetings are to be held at such places as the Chair determines.\n  (3) The Chair must preside at all meetings.\n  (4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.\n  (5) At a meeting:\n    (a) the Chair and 3 other Commissioners form a quorum; and\n    (b) questions must be decided by a majority of votes of the Commissioners present and voting; and\n    (c) the Chair has a deliberative vote and, if necessary, also has a casting vote.\n  (6) The Chair may permit a person to participate in, or a Commissioner to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.\n  (7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the Commissioners.\n  (8) This section has effect subject to sections 40 and 41.\n\n#### 40 Commission may sit in Divisions\n\n  (1) For the purposes of performing a function of the Commission, the Chair may, by written instrument, establish a Division of the Commission.\n  (2) The Division is to be constituted by the Chair and any other member or members specified in the instrument.\n  (3) A Division is taken to be the Commission for the purposes of performing the function specified in the instrument and exercising the powers of the Commission in relation to that function.\n  (4) Despite subsection 39(3), the Chair is not required to attend a meeting of a Division. If the Chair does not attend, he or she must nominate another member to preside.\n  (5) The Chair may at any time before the Commission has completed performing the function specified in the instrument, amend the instrument in any respect, and if the constitution of the Division is changed, the Division as constituted after the change may complete the function specified in the instrument.\n  (6) At a meeting of a Division constituted by 3 or more members, 2 members form a quorum.\n  (7) A Division of the Commission may exercise powers of the Commission under this Act even if another Division of the Commission is exercising powers of the Commission at the same time.\n\n#### 41 Constitution of Division by one member in exceptional circumstances\n\n  (1) Despite section 40, a Division may be constituted by one member if:\n    (a) only one member of a Division is available to attend a hearing; and\n    (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control.\n  (2) If subsection (1) applies:\n    (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and\n    (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.\n  (3) In this section:\n\n> hearing includes part of a hearing.\n\n#### 42 Delegation by Chair\n\n  The Chair may, in writing, delegate all or any of the Chair’s powers and functions under this Act to a member.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.\n\n#### 43 Disclosure of interests\n\n  (1) The Chair must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n  (3) If:\n    (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document;\n  the Chair must ensure that the interest is disclosed in the report or document.\n  (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following:\n    (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly;\n    (b) if paragraph (a) does not apply, the Chair must ensure that:\n    (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document.\n\n## Part 6—Staff and consultants\n\n#### 44 Staff\n\n  (1) Subject to section 45, the staff of the Commission are to be engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and\n    (b) the Chair is the Head of that Statutory Agency.\n\n#### 45 Consultants\n\n  (1) The Chair may, on behalf of the Commonwealth, engage as consultants to the Commission persons who have suitable qualifications and experience.\n  (2) In selecting consultants and in its annual reporting on the engagement of consultants, the Commission must follow the Commonwealth’s best practice standards.\n  (3) The Chair must ensure that the Commonwealth’s best practice standards are used in selecting consultants and in public reporting on their engagement.\n  (4) If the estimated value of a consultancy exceeds the amount prescribed by the regulations, the Chair must ensure that an open, competitive tendering process is used in selecting the consultant or consultants.\n  (5) A consultant may be engaged either under a contract for services or a contract of service.\n  (6) Subject to any commitments under any award or employment agreement, the Chair may determine the terms and conditions on which a consultant is engaged.\n\n## Part 7—Offences etc.\n\n#### 46 Hindering or disrupting Commission\n\n  A person must not:\n    (a) obstruct or hinder a member of the Commission in the performance of the Commission’s functions; or\n    (b) disrupt a hearing before the Commission.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 47 Intimidation etc.\n\n  A person must not:\n    (a) threaten, intimidate or coerce another person; or\n    (b) cause or procure damage, loss or disadvantage to another person;\n  because that other person:\n    (c) proposes to give, or has given, information or documents to the Commission; or\n    (d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or\n    (e) proposes to assist, or has assisted, the Commission in the performance of its functions in any other way.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 48 Notice to person to provide information and documents\n\n  (1) If the Commission:\n    (a) is:\n    (i) required to hold hearings for the purposes of an inquiry; or\n    (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and\n    (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;\n  the Chair may, by written notice served on the person, require the person to send to the Commission:\n    (c) a statement signed by the person, setting out the specified information; and\n    (d) specified documents.\n  (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served.\n  (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 49 Summons to person to attend hearing\n\n  (1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.\n  (2) A person served with a summons to appear at a hearing must not intentionally:\n    (a) fail to attend as required by the summons; or\n    (b) fail to attend from day to day.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code)\n\n#### 50 Refusal to answer questions or produce documents\n\n  A person appearing as a witness at a hearing must not refuse or fail:\n    (a) to answer a question as required by the Chair; or\n    (b) to produce a document as required by a summons served on the person under section 49.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 51 Preservation of the privilege against self‑incrimination\n\n  (1) Subject to subsection (2), a person who would, apart from this subsection, be required to:\n    (a) send a statement or document to the Commission under section 48; or\n    (b) answer a question or produce a document under section 50;\n  need not comply with that requirement if so complying would:\n    (c) tend to incriminate the person; or\n    (d) result in further attempts to obtain evidence that would tend to incriminate the person.\n  (2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.\n\n#### 52 False or misleading evidence or information\n\n  If the Commission is:\n    (a) required to hold hearings for the purposes of an inquiry; or\n    (b) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4;\n  a person must not, in relation to the inquiry:\n    (c) give information to the Commission, whether orally or in writing, that the person knows to be false or misleading in a material particular; or\n    (d) give evidence at a hearing before the Commission that the person knows to be false or misleading in a material particular; or\n    (e) send to the Commission, under section 48, a statement or document containing material that the person knows to be false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 53 Restrictions on publication of evidence\n\n  (1) If the Commission directs that a hearing, or part of it, take place in private, the Commission may give directions prohibiting or restricting the publication of:\n    (a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or\n    (b) matters contained in documents given to the Commission in connection with the hearing.\n\n> Note: Section 15 sets out the circumstances in which the Commission may direct that a hearing, or part of it, be held be private.\n\n  (2) A person must not contravene a direction given under this section.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 54 Documents produced in relation to inquiry\n\n  If documents are produced or given to the Commission under this Part, the Commission:\n    (a) may take possession of, and make copies of, or take extracts from, the documents; and\n    (b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and\n    (c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Commission.\n\n#### 55 Allowances to witnesses\n\n  A person who attends a hearing of the Commission under a summons served under section 49 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed.\n\n#### 56 Limitation of powers under this Part\n\n  (1) The powers under sections 48 and 49, paragraph 50(a) and sections 53 and 54 may be exercised only as provided in this section.\n  (2) The powers may be exercised in relation to:\n    (a) a person holding, or performing the duties of, an office or appointment under a law of the Commonwealth or of a Territory; or\n    (b) a Commonwealth authority.\n  (3) The powers may also be exercised in relation to any person for the purposes of an inquiry to the extent that the subject matter of the inquiry relates to a subject of Commonwealth power.\n  (4) Subsection (3) does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.\n\n## Part 8—Miscellaneous\n\n#### 57 Protection from civil actions\n\n  (1) Civil proceedings may not be brought against a member, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission’s functions or powers.\n  (2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:\n    (a) made a statement or submission; or\n    (b) gave information or a document;\n  in good faith to the Commission in the course of the proper performance or exercise of the Commission’s functions or powers.\n\n#### 58 Charges for services\n\n  The Commission may, on behalf of the Commonwealth, charge fees in relation to services provided by it in the course of performing functions referred to in paragraphs 6(1)(f), (g) and (h).\n\n#### 59 Conduct by directors, employees or agents\n\n  (1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had that state of mind.\n  (2) If:\n    (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and\n    (b) that the employee or agent had that state of mind.\n  (4) If:\n    (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n  (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.\n  (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Reference to Commission for inquiry and report","content":"An Act to establish the Productivity Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Productivity Commission Act 1998.\n\n#### 2 Commencement\n\n  This Act commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner appointed under section 25.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Productivity Commission established by this Act, and includes a Division of the Commission performing functions of the Commission.\n\n> Commissioner means:\n\n    (a) the Chair; or\n    (b) a Commissioner appointed under section 24.\n\n> Commonwealth authority means:\n\n    (a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a Territory; or\n    (b) a company or other body corporate in which the Commonwealth, a Territory or a body referred to in paragraph (a) has a controlling interest.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> Division means a Division of the Commission established under section 40.\n\n> government body includes:\n\n    (a) a body consisting of representatives of 2 or more government bodies; and\n    (b) an international government body.\n\n> hearing means a hearing held for the purposes of an inquiry.\n\n> industry means industry of any kind (including any business or activity relating to goods or services), and a reference to industry is a reference to industry in general, a particular industry, a part of an industry, or a group or groups of particular industries.\n\n> inquiry means an inquiry held under this Act.\n\n> member means:\n\n    (a) a Commissioner (including the Chair); or\n    (b) an Associate Commissioner.\n\n> subject of Commonwealth power means any matter with respect to which the Parliament has power to make laws.\n\n#### 4 Act binds Crown\n\n  (1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.\n  (3) The protection in subsection (2) does not apply to a Commonwealth authority.\n\n## Part 2—Establishment and functions of Productivity Commission\n\n#### 5 Establishment of Commission\n\n  (1) The Productivity Commission is established.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the Chair is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the Chair;\n    (ii) the other members;\n    (iii) the staff of the Commission referred to in section 44;\n    (iv) consultants engaged under section 45; and\n    (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4.\n\n#### 6 Functions of Commission\n\n  (1) The functions of the Commission are:\n    (a) to hold inquiries and report to the Minister about matters relating to industry, industry development and productivity that are referred to it by the Minister; and\n    (b) to provide secretariat services and research services to government bodies as directed by the Minister; and\n    (c) on and after 1 July 1997, to receive and investigate complaints about the implementation of competitive neutrality arrangements in relation to Commonwealth government businesses and business activities and to report to the Minister on its investigations; and\n    (d) to provide advice to the Minister about matters relating to industry, industry development and productivity, as requested by the Minister; and\n    (e) to undertake, on its own initiative, research about matters relating to industry, industry development and productivity; and\n    (f) to promote public understanding of matters relating to industry, industry development and productivity; and\n    (g) to perform any other function conferred on it by this Act; and\n    (h) to do anything incidental to any of the preceding functions.\n  (2) In this section:\n\n> matters relating to industry, industry development and productivity includes legislative or administrative action taken, or to be taken, by the Commonwealth, a State or a Territory that affects or might affect the productivity performance of industry, industry development, or the productivity performance of the economy as a whole.\n\n#### 7 General power of Commission\n\n  The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n#### 8 General policy guidelines for Commission\n\n  (1) In the performance of its functions, the Commission must have regard to the need:\n    (a) to improve the overall economic performance of the economy through higher productivity in the public and private sectors in order to achieve higher living standards for all members of the Australian community; and\n    (b) to reduce regulation of industry (including regulation by the States, Territories and local government) where this is consistent with the social and economic goals of the Commonwealth Government; and\n    (c) to encourage the development and growth of Australian industries that are efficient in their use of resources, enterprising, innovative and internationally competitive; and\n    (d) to facilitate adjustment to structural changes in the economy and the avoidance of social and economic hardships arising from those changes; and\n    (e) to recognise the interests of industries, employees, consumers and the community, likely to be affected by measures proposed by the Commission; and\n    (f) to increase employment, including in regional areas; and\n    (g) to promote regional development; and\n    (h) to recognise the progress made by Australia’s trading partners in reducing both tariff and non‑tariff barriers; and\n    (i) to ensure that industry develops in a way that is ecologically sustainable; and\n    (j) for Australia to meet its international obligations and commitments.\n  (2) In the performance of its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister.\n  (3) The Commission, in all reports on matters referred to it, must provide a variety of viewpoints and options representing alternative means of addressing the issues in the report. If the report relies on formal mathematical economic modelling, the Commission must either:\n    (a) if practicable—utilise at least 2 different economic models, with the assumptions and results of those models made explicit in the report; or\n    (b) if it is not practicable to utilise at least 2 different economic models, appoint, and report on the views of, an independent reference panel on the modelling.\n\n#### 9 Flexibility and range of working methods in performance of Commission’s functions\n\n  In the performance of its functions, the Commission:\n    (a) is not required to act in a formal manner; and\n    (b) may inform itself on any matter in any way it thinks fit; and\n    (c) may consult with anyone it thinks fit; and\n    (d) may receive written or oral information or submissions; and\n    (e) may hold public seminars, conduct workshops and establish working groups and task forces.\n\n#### 10 Annual report\n\n  (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and\n    (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and\n    (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole.\n  (2) The report may also report on industry and productivity performance generally.\n  (3) In this section:\n\n> assistance includes any act that, directly or indirectly:\n\n    (a) assists a person to carry on a business or activity; or\n    (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity.\n\n## Part 3—Inquiries\n\n### Division 1—Reference to Commission for inquiry and report\n\n#### 11 Reference of matters to Commission for inquiry\n\n  (1) In referring a matter to the Commission for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:\n    (a) require the Commission to hold hearings for the purposes of the inquiry;\n    (b) specify a period within which the Commission must submit its report on the inquiry to the Minister;\n    (c) require the Commission to make a draft report available to the public during an inquiry;\n    (d) require the Commission to make recommendations in relation to the matter;\n  and the Commission must act accordingly.\n  (2) The Commission must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commission.\n  (3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commission.\n  (4) If the Minister refers a matter to the Commission for inquiry, the Commission may also make recommendations in the report on any matters relevant to the matter referred.\n\n#### 12 Report of inquiry to be tabled\n\n  The Minister must cause a copy of the Commission’s report on an inquiry to be tabled in each House of the Parliament:\n    (a) within 25 sitting days of that House after the day on which the Minister receives it; or\n    (b) if the Commission recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.\n\n### Division 2—Conduct of inquiries\n\n#### 13 Notice of inquiry\n\n  As soon as practicable after the Commission receives a reference to hold an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the inquiry.\n\n#### 14 Notice of hearings\n\n  Before the Commission begins to hold hearings for the purposes of an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.\n\n#### 15 Procedure at hearings\n\n  (1) A hearing must be held in public except in the circumstances set out in subsection (2).\n  (2) If the Commission is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:\n    (a) direct that the hearing, or that part of it, take place in private; and\n    (b) give directions as to who may be present.\n  (3) Sections 39 and 40 apply to a hearing, so far as those sections are capable of so applying, as if the hearing were a meeting of the Commission.\n\n#### 16 Written statements etc. to be made public\n\n  If:\n    (a) the Commission is required to hold hearings for the purposes of an inquiry; and\n    (b) a person gives written evidence to the inquiry or gives or produces a document to the Commission in connection with the inquiry;\n  the Commission must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:\n    (c) that the person objects to being made public; and\n    (d) the evidence of which the Commission is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.\n\n## Part 4—Other functions of the Commission\n\n### Division 1—Advice, research and secretariat functions\n\n#### 17 Requests for advice\n\n  (1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:\n    (a) that the advice is to be in writing;\n    (b) a period within which the advice is to be given;\n    (c) any matter to which the Commission is to have regard in giving the advice;\n  and the Commission must act accordingly.\n  (2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.\n  (3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.\n\n#### 18 Minister may publish Commission’s advice\n\n  (1) The Minister may publish advice given by the Commission under section 17 in any way he or she thinks fit.\n  (2) If:\n    (a) the Minister decides to publish the advice; and\n    (b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;\n  the Minister may publish the advice with deletions.\n  (3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.\n\n#### 19 Secretariat services and research services to government bodies\n\n  (1) If the Minister directs the Commission to provide secretariat services or research services to a government body, the direction must be in writing.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to provide the services.\n\n#### 20 Research services on request of other bodies\n\n  (1) If:\n    (a) a person or body (other than a government body) requests the Commission to undertake a specified research project for the person or body; and\n    (b) the project relates to a matter or matters relating to industry, industry development and productivity, as defined in section 6; and\n    (c) the Minister consents, in writing, to the Commission undertaking the project;\n  the Commission may undertake the project.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to undertake the project.\n\n### Division 2—Competitive neutrality complaints\n\n#### 21 Complaints to the Commission\n\n  (1) A person may complain to the Commission that:\n    (a) a particular Commonwealth Government business or business activity, or a business or business activity competing with a Commonwealth Government business or business activity, is not conducted in accordance with competitive neutrality arrangements that apply to it; or\n    (b) a particular Commonwealth government or business activity, or a business or business activity competing with a Commonwealth government business or business activity, should be required to be conducted in accordance with competitive neutrality arrangements.\n  (2) The complaint must be in writing.\n  (3) The Commission is to give particular regard to ensuring the interests of users of the service are considered in relation to the complaint and may invite submissions from interested parties.\n  (4) In addition to the obligations imposed on the functions of the Commission in section 8, the Commission must give particular consideration to the public interest requirements in clause 1 of the Competition Principles Agreement signed by the Commonwealth Government on 11 April 1995.\n  (5) Competitive neutrality arrangements are the arrangements referred to by that name in the Commonwealth Government Competitive Neutrality Statement of June 1996 (the aim of which is to ensure that significant business activities do not enjoy net competitive advantages or disadvantages in comparison with their competitors by virtue of their public sector ownership).\n\n#### 22 Discretion not to investigate complaints\n\n  (1) The Commission may decide not to investigate a complaint, if in the opinion of the Commission:\n    (a) the complaint is frivolous or vexatious or was not made in good faith; or\n    (b) the complainant does not have sufficient interest in the subject matter of the complaint; or\n    (c) an investigation is not warranted having regard to all the relevant circumstances.\n  (2) If the Commission decides not to investigate a complaint it must inform the complainant of the decision.\n\n## Part 5—Constitution and operation of Commission\n\n### Division 1—Structure of Commission\n\n#### 23 Constitution of Commission\n\n  (1) The Commission consists of:\n    (a) a Chair; and\n    (b) not fewer than 4 nor more than 12 other Commissioners.\n  (2) The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of:\n    (a) a vacancy in the office of Chair; or\n    (b) the number of Commissioners falling below 5 for a period of not more than 3 months; or\n    (c) the lack of a Commissioner who meets the requirements of subsection 24(3), (4), (5) or (6) for a period of not more than 4 months.\n\n#### 24 Appointment of Commissioners\n\n  (1) The Commissioners are to be appointed by the Governor‑General.\n  (2) A person must not be appointed as a Commissioner unless he or she has, in the opinion of the Governor‑General, qualifications and experience relevant to the Commission’s functions.\n  (3) At least one Commissioner must have extensive skills and experience in applying the principles of ecologically sustainable development and environmental conservation.\n  (4) At least one Commissioner must have extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery.\n  (5) At least one Commissioner must have extensive skills and experience acquired in working in Australian industry.\n  (6) At least one Commissioner must:\n    (a) have extensive skills and experience in dealing with policies and programs that have an impact on Indigenous persons; and\n    (b) have experience in dealing with one or more communities of Indigenous persons.\n\n#### 25 Appointment of Associate Commissioners\n\n  (1) The Minister may, after consulting with the Chair, appoint Associate Commissioners to the Commission.\n  (2) Despite subsection (1), the Minister must appoint an Associate Commissioner for the purposes of an inquiry on the matter mentioned in subsection 87(1) or (2) or 88(1) or (2) of the Water Act 2007.\n  (3) An Associate Commissioner appointed under subsection (2) must have extensive skills and experience in water resource management.\n\n#### 26 Terms and conditions of appointment of members\n\n  (1) The Chair must be appointed on a full‑time basis.\n  (2) The other members of the Commission may be appointed either on a full‑time or part‑time basis.\n  (6) A member is appointed for the term, not longer than 5 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.\n  (7) A member’s appointment is subject to any terms and conditions set out in the instrument of appointment.\n\n#### 27 Outside employment\n\n  (1) A full‑time member must not engage in paid employment outside the duties of his or her office, except with the Minister’s consent.\n  (2) A part‑time member must not engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.\n\n#### 28 Remuneration and allowances\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the prescribed allowances.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave of absence for full‑time members\n\n  (1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time member leave of absence (other than recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Minister may, by written instrument, delegate to the Chair the Minister’s powers under subsection (2) (other than powers in relation to the Chair).\n\n#### 30 Leave of absence for part‑time members\n\n  The Chair may grant leave to a part‑time member to be absent from a meeting or meetings of the Commission.\n\n#### 31 Deputy Chair\n\n  (1) The Minister may, in writing, appoint one of the full‑time Commissioners to be the Deputy Chair for such period as is specified in the instrument of appointment.\n  (2) The Deputy Chair must assist the Chair in the exercise of the powers and the performance of the duties of the Chair.\n  (3) The Deputy Chair holds office until:\n    (a) his or her term of office as Deputy Chair expires; or\n    (b) he or she ceases to be a Commissioner; or\n    (c) the Chair ends the appointment;\n  whichever first happens.\n  (4) A Commissioner may resign an appointment as Deputy Chair by giving the Chair a signed notice of resignation, but the resignation is not effective until it is accepted by the Chair.\n\n#### 32 Acting appointments\n\n  (1) The Deputy Chair is to act as Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint another Commissioner to act as Chair if:\n    (a) there is a vacancy in the office of Chair and the office of Deputy Chair (whether or not an appointment has been made to either or both of those offices); or\n    (b) the Chair and Deputy Chair are absent from duty or from Australia or are, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person (including an Associate Commissioner) to act as a Commissioner (other than the Chair ):\n    (a) during a vacancy in the office of the Commissioner; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 33 Resignation of member\n\n  (1) A Commissioner may resign by giving the Governor‑General a signed notice of resignation.\n  (2) An Associate Commissioner may resign by giving the Minister a signed notice of resignation.\n\n#### 34 Retirement of member\n\n  (1) The Governor‑General may retire a Commissioner on the ground of invalidity if the Commissioner consents.\n  (2) The Minister may retire an Associate Commissioner on the ground of invalidity if the Associate Commissioner consents.\n\n#### 35 Termination of member\n\n  (1) The Governor‑General may terminate a Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate a Commissioner’s appointment:\n    (a) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Commissioner is a full‑time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Commissioner is a full‑time Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Commissioner is a part‑time Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.\n  (3) The Minister may terminate an Associate Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (4) The Minister must terminate an Associate Commissioner’s appointment:\n    (a) if the Associate Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Associate Commissioner is a full‑time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Associate Commissioner is a full‑time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Associate Commissioner is a part‑time Associate Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Associate Commissioner’s duties.\n  (5) A member is not to be removed from office except as provided in this section.\n\n#### 36 Removal taken to be retirement on ground of invalidity\n\n  (1) If a member:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office.\n  (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.\n  (3) If a member:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.\n  (5) If a member:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.\n\n#### 37 Retirement on ground of invalidity under the Superannuation Acts\n\n  (1) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) has not reached his or her maximum retiring age (within the meaning of that Act);\n  is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.\n  (2) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.\n  (3) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.\n\n### Division 2—Operation of Commission\n\n#### 38 Role of Chair\n\n  The Chair is to manage the Commission and to ensure the efficient performance of the Commission’s functions.\n\n#### 39 Meetings of Commission\n\n  (1) The Chair is to convene such meetings of the Commission he or she thinks necessary for the efficient performance of the functions of the Commission.\n  (2) Meetings are to be held at such places as the Chair determines.\n  (3) The Chair must preside at all meetings.\n  (4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.\n  (5) At a meeting:\n    (a) the Chair and 3 other Commissioners form a quorum; and\n    (b) questions must be decided by a majority of votes of the Commissioners present and voting; and\n    (c) the Chair has a deliberative vote and, if necessary, also has a casting vote.\n  (6) The Chair may permit a person to participate in, or a Commissioner to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.\n  (7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the Commissioners.\n  (8) This section has effect subject to sections 40 and 41.\n\n#### 40 Commission may sit in Divisions\n\n  (1) For the purposes of performing a function of the Commission, the Chair may, by written instrument, establish a Division of the Commission.\n  (2) The Division is to be constituted by the Chair and any other member or members specified in the instrument.\n  (3) A Division is taken to be the Commission for the purposes of performing the function specified in the instrument and exercising the powers of the Commission in relation to that function.\n  (4) Despite subsection 39(3), the Chair is not required to attend a meeting of a Division. If the Chair does not attend, he or she must nominate another member to preside.\n  (5) The Chair may at any time before the Commission has completed performing the function specified in the instrument, amend the instrument in any respect, and if the constitution of the Division is changed, the Division as constituted after the change may complete the function specified in the instrument.\n  (6) At a meeting of a Division constituted by 3 or more members, 2 members form a quorum.\n  (7) A Division of the Commission may exercise powers of the Commission under this Act even if another Division of the Commission is exercising powers of the Commission at the same time.\n\n#### 41 Constitution of Division by one member in exceptional circumstances\n\n  (1) Despite section 40, a Division may be constituted by one member if:\n    (a) only one member of a Division is available to attend a hearing; and\n    (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control.\n  (2) If subsection (1) applies:\n    (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and\n    (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.\n  (3) In this section:\n\n> hearing includes part of a hearing.\n\n#### 42 Delegation by Chair\n\n  The Chair may, in writing, delegate all or any of the Chair’s powers and functions under this Act to a member.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.\n\n#### 43 Disclosure of interests\n\n  (1) The Chair must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n  (3) If:\n    (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document;\n  the Chair must ensure that the interest is disclosed in the report or document.\n  (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following:\n    (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly;\n    (b) if paragraph (a) does not apply, the Chair must ensure that:\n    (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document.\n\n## Part 6—Staff and consultants\n\n#### 44 Staff\n\n  (1) Subject to section 45, the staff of the Commission are to be engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and\n    (b) the Chair is the Head of that Statutory Agency.\n\n#### 45 Consultants\n\n  (1) The Chair may, on behalf of the Commonwealth, engage as consultants to the Commission persons who have suitable qualifications and experience.\n  (2) In selecting consultants and in its annual reporting on the engagement of consultants, the Commission must follow the Commonwealth’s best practice standards.\n  (3) The Chair must ensure that the Commonwealth’s best practice standards are used in selecting consultants and in public reporting on their engagement.\n  (4) If the estimated value of a consultancy exceeds the amount prescribed by the regulations, the Chair must ensure that an open, competitive tendering process is used in selecting the consultant or consultants.\n  (5) A consultant may be engaged either under a contract for services or a contract of service.\n  (6) Subject to any commitments under any award or employment agreement, the Chair may determine the terms and conditions on which a consultant is engaged.\n\n## Part 7—Offences etc.\n\n#### 46 Hindering or disrupting Commission\n\n  A person must not:\n    (a) obstruct or hinder a member of the Commission in the performance of the Commission’s functions; or\n    (b) disrupt a hearing before the Commission.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 47 Intimidation etc.\n\n  A person must not:\n    (a) threaten, intimidate or coerce another person; or\n    (b) cause or procure damage, loss or disadvantage to another person;\n  because that other person:\n    (c) proposes to give, or has given, information or documents to the Commission; or\n    (d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or\n    (e) proposes to assist, or has assisted, the Commission in the performance of its functions in any other way.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 48 Notice to person to provide information and documents\n\n  (1) If the Commission:\n    (a) is:\n    (i) required to hold hearings for the purposes of an inquiry; or\n    (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and\n    (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;\n  the Chair may, by written notice served on the person, require the person to send to the Commission:\n    (c) a statement signed by the person, setting out the specified information; and\n    (d) specified documents.\n  (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served.\n  (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 49 Summons to person to attend hearing\n\n  (1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.\n  (2) A person served with a summons to appear at a hearing must not intentionally:\n    (a) fail to attend as required by the summons; or\n    (b) fail to attend from day to day.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code)\n\n#### 50 Refusal to answer questions or produce documents\n\n  A person appearing as a witness at a hearing must not refuse or fail:\n    (a) to answer a question as required by the Chair; or\n    (b) to produce a document as required by a summons served on the person under section 49.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 51 Preservation of the privilege against self‑incrimination\n\n  (1) Subject to subsection (2), a person who would, apart from this subsection, be required to:\n    (a) send a statement or document to the Commission under section 48; or\n    (b) answer a question or produce a document under section 50;\n  need not comply with that requirement if so complying would:\n    (c) tend to incriminate the person; or\n    (d) result in further attempts to obtain evidence that would tend to incriminate the person.\n  (2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.\n\n#### 52 False or misleading evidence or information\n\n  If the Commission is:\n    (a) required to hold hearings for the purposes of an inquiry; or\n    (b) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4;\n  a person must not, in relation to the inquiry:\n    (c) give information to the Commission, whether orally or in writing, that the person knows to be false or misleading in a material particular; or\n    (d) give evidence at a hearing before the Commission that the person knows to be false or misleading in a material particular; or\n    (e) send to the Commission, under section 48, a statement or document containing material that the person knows to be false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 53 Restrictions on publication of evidence\n\n  (1) If the Commission directs that a hearing, or part of it, take place in private, the Commission may give directions prohibiting or restricting the publication of:\n    (a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or\n    (b) matters contained in documents given to the Commission in connection with the hearing.\n\n> Note: Section 15 sets out the circumstances in which the Commission may direct that a hearing, or part of it, be held be private.\n\n  (2) A person must not contravene a direction given under this section.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 54 Documents produced in relation to inquiry\n\n  If documents are produced or given to the Commission under this Part, the Commission:\n    (a) may take possession of, and make copies of, or take extracts from, the documents; and\n    (b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and\n    (c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Commission.\n\n#### 55 Allowances to witnesses\n\n  A person who attends a hearing of the Commission under a summons served under section 49 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed.\n\n#### 56 Limitation of powers under this Part\n\n  (1) The powers under sections 48 and 49, paragraph 50(a) and sections 53 and 54 may be exercised only as provided in this section.\n  (2) The powers may be exercised in relation to:\n    (a) a person holding, or performing the duties of, an office or appointment under a law of the Commonwealth or of a Territory; or\n    (b) a Commonwealth authority.\n  (3) The powers may also be exercised in relation to any person for the purposes of an inquiry to the extent that the subject matter of the inquiry relates to a subject of Commonwealth power.\n  (4) Subsection (3) does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.\n\n## Part 8—Miscellaneous\n\n#### 57 Protection from civil actions\n\n  (1) Civil proceedings may not be brought against a member, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission’s functions or powers.\n  (2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:\n    (a) made a statement or submission; or\n    (b) gave information or a document;\n  in good faith to the Commission in the course of the proper performance or exercise of the Commission’s functions or powers.\n\n#### 58 Charges for services\n\n  The Commission may, on behalf of the Commonwealth, charge fees in relation to services provided by it in the course of performing functions referred to in paragraphs 6(1)(f), (g) and (h).\n\n#### 59 Conduct by directors, employees or agents\n\n  (1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had that state of mind.\n  (2) If:\n    (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and\n    (b) that the employee or agent had that state of mind.\n  (4) If:\n    (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n  (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.\n  (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Reference of matters to Commission for inquiry","content":"#### 11 Reference of matters to Commission for inquiry\n\n  (1) In referring a matter to the Commission for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:\n    (a) require the Commission to hold hearings for the purposes of the inquiry;\n    (b) specify a period within which the Commission must submit its report on the inquiry to the Minister;\n    (c) require the Commission to make a draft report available to the public during an inquiry;\n    (d) require the Commission to make recommendations in relation to the matter;\n  and the Commission must act accordingly.\n  (2) The Commission must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commission.\n  (3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commission.\n  (4) If the Minister refers a matter to the Commission for inquiry, the Commission may also make recommendations in the report on any matters relevant to the matter referred.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Report of inquiry to be tabled","content":"#### 12 Report of inquiry to be tabled\n\n  The Minister must cause a copy of the Commission’s report on an inquiry to be tabled in each House of the Parliament:\n    (a) within 25 sitting days of that House after the day on which the Minister receives it; or\n    (b) if the Commission recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Conduct of inquiries","content":"An Act to establish the Productivity Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Productivity Commission Act 1998.\n\n#### 2 Commencement\n\n  This Act commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner appointed under section 25.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Productivity Commission established by this Act, and includes a Division of the Commission performing functions of the Commission.\n\n> Commissioner means:\n\n    (a) the Chair; or\n    (b) a Commissioner appointed under section 24.\n\n> Commonwealth authority means:\n\n    (a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a Territory; or\n    (b) a company or other body corporate in which the Commonwealth, a Territory or a body referred to in paragraph (a) has a controlling interest.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> Division means a Division of the Commission established under section 40.\n\n> government body includes:\n\n    (a) a body consisting of representatives of 2 or more government bodies; and\n    (b) an international government body.\n\n> hearing means a hearing held for the purposes of an inquiry.\n\n> industry means industry of any kind (including any business or activity relating to goods or services), and a reference to industry is a reference to industry in general, a particular industry, a part of an industry, or a group or groups of particular industries.\n\n> inquiry means an inquiry held under this Act.\n\n> member means:\n\n    (a) a Commissioner (including the Chair); or\n    (b) an Associate Commissioner.\n\n> subject of Commonwealth power means any matter with respect to which the Parliament has power to make laws.\n\n#### 4 Act binds Crown\n\n  (1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.\n  (3) The protection in subsection (2) does not apply to a Commonwealth authority.\n\n## Part 2—Establishment and functions of Productivity Commission\n\n#### 5 Establishment of Commission\n\n  (1) The Productivity Commission is established.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the Chair is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the Chair;\n    (ii) the other members;\n    (iii) the staff of the Commission referred to in section 44;\n    (iv) consultants engaged under section 45; and\n    (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4.\n\n#### 6 Functions of Commission\n\n  (1) The functions of the Commission are:\n    (a) to hold inquiries and report to the Minister about matters relating to industry, industry development and productivity that are referred to it by the Minister; and\n    (b) to provide secretariat services and research services to government bodies as directed by the Minister; and\n    (c) on and after 1 July 1997, to receive and investigate complaints about the implementation of competitive neutrality arrangements in relation to Commonwealth government businesses and business activities and to report to the Minister on its investigations; and\n    (d) to provide advice to the Minister about matters relating to industry, industry development and productivity, as requested by the Minister; and\n    (e) to undertake, on its own initiative, research about matters relating to industry, industry development and productivity; and\n    (f) to promote public understanding of matters relating to industry, industry development and productivity; and\n    (g) to perform any other function conferred on it by this Act; and\n    (h) to do anything incidental to any of the preceding functions.\n  (2) In this section:\n\n> matters relating to industry, industry development and productivity includes legislative or administrative action taken, or to be taken, by the Commonwealth, a State or a Territory that affects or might affect the productivity performance of industry, industry development, or the productivity performance of the economy as a whole.\n\n#### 7 General power of Commission\n\n  The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n#### 8 General policy guidelines for Commission\n\n  (1) In the performance of its functions, the Commission must have regard to the need:\n    (a) to improve the overall economic performance of the economy through higher productivity in the public and private sectors in order to achieve higher living standards for all members of the Australian community; and\n    (b) to reduce regulation of industry (including regulation by the States, Territories and local government) where this is consistent with the social and economic goals of the Commonwealth Government; and\n    (c) to encourage the development and growth of Australian industries that are efficient in their use of resources, enterprising, innovative and internationally competitive; and\n    (d) to facilitate adjustment to structural changes in the economy and the avoidance of social and economic hardships arising from those changes; and\n    (e) to recognise the interests of industries, employees, consumers and the community, likely to be affected by measures proposed by the Commission; and\n    (f) to increase employment, including in regional areas; and\n    (g) to promote regional development; and\n    (h) to recognise the progress made by Australia’s trading partners in reducing both tariff and non‑tariff barriers; and\n    (i) to ensure that industry develops in a way that is ecologically sustainable; and\n    (j) for Australia to meet its international obligations and commitments.\n  (2) In the performance of its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister.\n  (3) The Commission, in all reports on matters referred to it, must provide a variety of viewpoints and options representing alternative means of addressing the issues in the report. If the report relies on formal mathematical economic modelling, the Commission must either:\n    (a) if practicable—utilise at least 2 different economic models, with the assumptions and results of those models made explicit in the report; or\n    (b) if it is not practicable to utilise at least 2 different economic models, appoint, and report on the views of, an independent reference panel on the modelling.\n\n#### 9 Flexibility and range of working methods in performance of Commission’s functions\n\n  In the performance of its functions, the Commission:\n    (a) is not required to act in a formal manner; and\n    (b) may inform itself on any matter in any way it thinks fit; and\n    (c) may consult with anyone it thinks fit; and\n    (d) may receive written or oral information or submissions; and\n    (e) may hold public seminars, conduct workshops and establish working groups and task forces.\n\n#### 10 Annual report\n\n  (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and\n    (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and\n    (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole.\n  (2) The report may also report on industry and productivity performance generally.\n  (3) In this section:\n\n> assistance includes any act that, directly or indirectly:\n\n    (a) assists a person to carry on a business or activity; or\n    (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity.\n\n## Part 3—Inquiries\n\n### Division 1—Reference to Commission for inquiry and report\n\n#### 11 Reference of matters to Commission for inquiry\n\n  (1) In referring a matter to the Commission for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:\n    (a) require the Commission to hold hearings for the purposes of the inquiry;\n    (b) specify a period within which the Commission must submit its report on the inquiry to the Minister;\n    (c) require the Commission to make a draft report available to the public during an inquiry;\n    (d) require the Commission to make recommendations in relation to the matter;\n  and the Commission must act accordingly.\n  (2) The Commission must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commission.\n  (3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commission.\n  (4) If the Minister refers a matter to the Commission for inquiry, the Commission may also make recommendations in the report on any matters relevant to the matter referred.\n\n#### 12 Report of inquiry to be tabled\n\n  The Minister must cause a copy of the Commission’s report on an inquiry to be tabled in each House of the Parliament:\n    (a) within 25 sitting days of that House after the day on which the Minister receives it; or\n    (b) if the Commission recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.\n\n### Division 2—Conduct of inquiries\n\n#### 13 Notice of inquiry\n\n  As soon as practicable after the Commission receives a reference to hold an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the inquiry.\n\n#### 14 Notice of hearings\n\n  Before the Commission begins to hold hearings for the purposes of an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.\n\n#### 15 Procedure at hearings\n\n  (1) A hearing must be held in public except in the circumstances set out in subsection (2).\n  (2) If the Commission is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:\n    (a) direct that the hearing, or that part of it, take place in private; and\n    (b) give directions as to who may be present.\n  (3) Sections 39 and 40 apply to a hearing, so far as those sections are capable of so applying, as if the hearing were a meeting of the Commission.\n\n#### 16 Written statements etc. to be made public\n\n  If:\n    (a) the Commission is required to hold hearings for the purposes of an inquiry; and\n    (b) a person gives written evidence to the inquiry or gives or produces a document to the Commission in connection with the inquiry;\n  the Commission must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:\n    (c) that the person objects to being made public; and\n    (d) the evidence of which the Commission is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.\n\n## Part 4—Other functions of the Commission\n\n### Division 1—Advice, research and secretariat functions\n\n#### 17 Requests for advice\n\n  (1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:\n    (a) that the advice is to be in writing;\n    (b) a period within which the advice is to be given;\n    (c) any matter to which the Commission is to have regard in giving the advice;\n  and the Commission must act accordingly.\n  (2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.\n  (3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.\n\n#### 18 Minister may publish Commission’s advice\n\n  (1) The Minister may publish advice given by the Commission under section 17 in any way he or she thinks fit.\n  (2) If:\n    (a) the Minister decides to publish the advice; and\n    (b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;\n  the Minister may publish the advice with deletions.\n  (3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.\n\n#### 19 Secretariat services and research services to government bodies\n\n  (1) If the Minister directs the Commission to provide secretariat services or research services to a government body, the direction must be in writing.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to provide the services.\n\n#### 20 Research services on request of other bodies\n\n  (1) If:\n    (a) a person or body (other than a government body) requests the Commission to undertake a specified research project for the person or body; and\n    (b) the project relates to a matter or matters relating to industry, industry development and productivity, as defined in section 6; and\n    (c) the Minister consents, in writing, to the Commission undertaking the project;\n  the Commission may undertake the project.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to undertake the project.\n\n### Division 2—Competitive neutrality complaints\n\n#### 21 Complaints to the Commission\n\n  (1) A person may complain to the Commission that:\n    (a) a particular Commonwealth Government business or business activity, or a business or business activity competing with a Commonwealth Government business or business activity, is not conducted in accordance with competitive neutrality arrangements that apply to it; or\n    (b) a particular Commonwealth government or business activity, or a business or business activity competing with a Commonwealth government business or business activity, should be required to be conducted in accordance with competitive neutrality arrangements.\n  (2) The complaint must be in writing.\n  (3) The Commission is to give particular regard to ensuring the interests of users of the service are considered in relation to the complaint and may invite submissions from interested parties.\n  (4) In addition to the obligations imposed on the functions of the Commission in section 8, the Commission must give particular consideration to the public interest requirements in clause 1 of the Competition Principles Agreement signed by the Commonwealth Government on 11 April 1995.\n  (5) Competitive neutrality arrangements are the arrangements referred to by that name in the Commonwealth Government Competitive Neutrality Statement of June 1996 (the aim of which is to ensure that significant business activities do not enjoy net competitive advantages or disadvantages in comparison with their competitors by virtue of their public sector ownership).\n\n#### 22 Discretion not to investigate complaints\n\n  (1) The Commission may decide not to investigate a complaint, if in the opinion of the Commission:\n    (a) the complaint is frivolous or vexatious or was not made in good faith; or\n    (b) the complainant does not have sufficient interest in the subject matter of the complaint; or\n    (c) an investigation is not warranted having regard to all the relevant circumstances.\n  (2) If the Commission decides not to investigate a complaint it must inform the complainant of the decision.\n\n## Part 5—Constitution and operation of Commission\n\n### Division 1—Structure of Commission\n\n#### 23 Constitution of Commission\n\n  (1) The Commission consists of:\n    (a) a Chair; and\n    (b) not fewer than 4 nor more than 12 other Commissioners.\n  (2) The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of:\n    (a) a vacancy in the office of Chair; or\n    (b) the number of Commissioners falling below 5 for a period of not more than 3 months; or\n    (c) the lack of a Commissioner who meets the requirements of subsection 24(3), (4), (5) or (6) for a period of not more than 4 months.\n\n#### 24 Appointment of Commissioners\n\n  (1) The Commissioners are to be appointed by the Governor‑General.\n  (2) A person must not be appointed as a Commissioner unless he or she has, in the opinion of the Governor‑General, qualifications and experience relevant to the Commission’s functions.\n  (3) At least one Commissioner must have extensive skills and experience in applying the principles of ecologically sustainable development and environmental conservation.\n  (4) At least one Commissioner must have extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery.\n  (5) At least one Commissioner must have extensive skills and experience acquired in working in Australian industry.\n  (6) At least one Commissioner must:\n    (a) have extensive skills and experience in dealing with policies and programs that have an impact on Indigenous persons; and\n    (b) have experience in dealing with one or more communities of Indigenous persons.\n\n#### 25 Appointment of Associate Commissioners\n\n  (1) The Minister may, after consulting with the Chair, appoint Associate Commissioners to the Commission.\n  (2) Despite subsection (1), the Minister must appoint an Associate Commissioner for the purposes of an inquiry on the matter mentioned in subsection 87(1) or (2) or 88(1) or (2) of the Water Act 2007.\n  (3) An Associate Commissioner appointed under subsection (2) must have extensive skills and experience in water resource management.\n\n#### 26 Terms and conditions of appointment of members\n\n  (1) The Chair must be appointed on a full‑time basis.\n  (2) The other members of the Commission may be appointed either on a full‑time or part‑time basis.\n  (6) A member is appointed for the term, not longer than 5 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.\n  (7) A member’s appointment is subject to any terms and conditions set out in the instrument of appointment.\n\n#### 27 Outside employment\n\n  (1) A full‑time member must not engage in paid employment outside the duties of his or her office, except with the Minister’s consent.\n  (2) A part‑time member must not engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.\n\n#### 28 Remuneration and allowances\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the prescribed allowances.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave of absence for full‑time members\n\n  (1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time member leave of absence (other than recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Minister may, by written instrument, delegate to the Chair the Minister’s powers under subsection (2) (other than powers in relation to the Chair).\n\n#### 30 Leave of absence for part‑time members\n\n  The Chair may grant leave to a part‑time member to be absent from a meeting or meetings of the Commission.\n\n#### 31 Deputy Chair\n\n  (1) The Minister may, in writing, appoint one of the full‑time Commissioners to be the Deputy Chair for such period as is specified in the instrument of appointment.\n  (2) The Deputy Chair must assist the Chair in the exercise of the powers and the performance of the duties of the Chair.\n  (3) The Deputy Chair holds office until:\n    (a) his or her term of office as Deputy Chair expires; or\n    (b) he or she ceases to be a Commissioner; or\n    (c) the Chair ends the appointment;\n  whichever first happens.\n  (4) A Commissioner may resign an appointment as Deputy Chair by giving the Chair a signed notice of resignation, but the resignation is not effective until it is accepted by the Chair.\n\n#### 32 Acting appointments\n\n  (1) The Deputy Chair is to act as Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint another Commissioner to act as Chair if:\n    (a) there is a vacancy in the office of Chair and the office of Deputy Chair (whether or not an appointment has been made to either or both of those offices); or\n    (b) the Chair and Deputy Chair are absent from duty or from Australia or are, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person (including an Associate Commissioner) to act as a Commissioner (other than the Chair ):\n    (a) during a vacancy in the office of the Commissioner; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 33 Resignation of member\n\n  (1) A Commissioner may resign by giving the Governor‑General a signed notice of resignation.\n  (2) An Associate Commissioner may resign by giving the Minister a signed notice of resignation.\n\n#### 34 Retirement of member\n\n  (1) The Governor‑General may retire a Commissioner on the ground of invalidity if the Commissioner consents.\n  (2) The Minister may retire an Associate Commissioner on the ground of invalidity if the Associate Commissioner consents.\n\n#### 35 Termination of member\n\n  (1) The Governor‑General may terminate a Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate a Commissioner’s appointment:\n    (a) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Commissioner is a full‑time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Commissioner is a full‑time Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Commissioner is a part‑time Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.\n  (3) The Minister may terminate an Associate Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (4) The Minister must terminate an Associate Commissioner’s appointment:\n    (a) if the Associate Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Associate Commissioner is a full‑time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Associate Commissioner is a full‑time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Associate Commissioner is a part‑time Associate Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Associate Commissioner’s duties.\n  (5) A member is not to be removed from office except as provided in this section.\n\n#### 36 Removal taken to be retirement on ground of invalidity\n\n  (1) If a member:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office.\n  (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.\n  (3) If a member:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.\n  (5) If a member:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.\n\n#### 37 Retirement on ground of invalidity under the Superannuation Acts\n\n  (1) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) has not reached his or her maximum retiring age (within the meaning of that Act);\n  is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.\n  (2) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.\n  (3) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.\n\n### Division 2—Operation of Commission\n\n#### 38 Role of Chair\n\n  The Chair is to manage the Commission and to ensure the efficient performance of the Commission’s functions.\n\n#### 39 Meetings of Commission\n\n  (1) The Chair is to convene such meetings of the Commission he or she thinks necessary for the efficient performance of the functions of the Commission.\n  (2) Meetings are to be held at such places as the Chair determines.\n  (3) The Chair must preside at all meetings.\n  (4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.\n  (5) At a meeting:\n    (a) the Chair and 3 other Commissioners form a quorum; and\n    (b) questions must be decided by a majority of votes of the Commissioners present and voting; and\n    (c) the Chair has a deliberative vote and, if necessary, also has a casting vote.\n  (6) The Chair may permit a person to participate in, or a Commissioner to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.\n  (7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the Commissioners.\n  (8) This section has effect subject to sections 40 and 41.\n\n#### 40 Commission may sit in Divisions\n\n  (1) For the purposes of performing a function of the Commission, the Chair may, by written instrument, establish a Division of the Commission.\n  (2) The Division is to be constituted by the Chair and any other member or members specified in the instrument.\n  (3) A Division is taken to be the Commission for the purposes of performing the function specified in the instrument and exercising the powers of the Commission in relation to that function.\n  (4) Despite subsection 39(3), the Chair is not required to attend a meeting of a Division. If the Chair does not attend, he or she must nominate another member to preside.\n  (5) The Chair may at any time before the Commission has completed performing the function specified in the instrument, amend the instrument in any respect, and if the constitution of the Division is changed, the Division as constituted after the change may complete the function specified in the instrument.\n  (6) At a meeting of a Division constituted by 3 or more members, 2 members form a quorum.\n  (7) A Division of the Commission may exercise powers of the Commission under this Act even if another Division of the Commission is exercising powers of the Commission at the same time.\n\n#### 41 Constitution of Division by one member in exceptional circumstances\n\n  (1) Despite section 40, a Division may be constituted by one member if:\n    (a) only one member of a Division is available to attend a hearing; and\n    (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control.\n  (2) If subsection (1) applies:\n    (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and\n    (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.\n  (3) In this section:\n\n> hearing includes part of a hearing.\n\n#### 42 Delegation by Chair\n\n  The Chair may, in writing, delegate all or any of the Chair’s powers and functions under this Act to a member.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.\n\n#### 43 Disclosure of interests\n\n  (1) The Chair must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n  (3) If:\n    (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document;\n  the Chair must ensure that the interest is disclosed in the report or document.\n  (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following:\n    (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly;\n    (b) if paragraph (a) does not apply, the Chair must ensure that:\n    (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document.\n\n## Part 6—Staff and consultants\n\n#### 44 Staff\n\n  (1) Subject to section 45, the staff of the Commission are to be engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and\n    (b) the Chair is the Head of that Statutory Agency.\n\n#### 45 Consultants\n\n  (1) The Chair may, on behalf of the Commonwealth, engage as consultants to the Commission persons who have suitable qualifications and experience.\n  (2) In selecting consultants and in its annual reporting on the engagement of consultants, the Commission must follow the Commonwealth’s best practice standards.\n  (3) The Chair must ensure that the Commonwealth’s best practice standards are used in selecting consultants and in public reporting on their engagement.\n  (4) If the estimated value of a consultancy exceeds the amount prescribed by the regulations, the Chair must ensure that an open, competitive tendering process is used in selecting the consultant or consultants.\n  (5) A consultant may be engaged either under a contract for services or a contract of service.\n  (6) Subject to any commitments under any award or employment agreement, the Chair may determine the terms and conditions on which a consultant is engaged.\n\n## Part 7—Offences etc.\n\n#### 46 Hindering or disrupting Commission\n\n  A person must not:\n    (a) obstruct or hinder a member of the Commission in the performance of the Commission’s functions; or\n    (b) disrupt a hearing before the Commission.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 47 Intimidation etc.\n\n  A person must not:\n    (a) threaten, intimidate or coerce another person; or\n    (b) cause or procure damage, loss or disadvantage to another person;\n  because that other person:\n    (c) proposes to give, or has given, information or documents to the Commission; or\n    (d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or\n    (e) proposes to assist, or has assisted, the Commission in the performance of its functions in any other way.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 48 Notice to person to provide information and documents\n\n  (1) If the Commission:\n    (a) is:\n    (i) required to hold hearings for the purposes of an inquiry; or\n    (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and\n    (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;\n  the Chair may, by written notice served on the person, require the person to send to the Commission:\n    (c) a statement signed by the person, setting out the specified information; and\n    (d) specified documents.\n  (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served.\n  (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 49 Summons to person to attend hearing\n\n  (1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.\n  (2) A person served with a summons to appear at a hearing must not intentionally:\n    (a) fail to attend as required by the summons; or\n    (b) fail to attend from day to day.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code)\n\n#### 50 Refusal to answer questions or produce documents\n\n  A person appearing as a witness at a hearing must not refuse or fail:\n    (a) to answer a question as required by the Chair; or\n    (b) to produce a document as required by a summons served on the person under section 49.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 51 Preservation of the privilege against self‑incrimination\n\n  (1) Subject to subsection (2), a person who would, apart from this subsection, be required to:\n    (a) send a statement or document to the Commission under section 48; or\n    (b) answer a question or produce a document under section 50;\n  need not comply with that requirement if so complying would:\n    (c) tend to incriminate the person; or\n    (d) result in further attempts to obtain evidence that would tend to incriminate the person.\n  (2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.\n\n#### 52 False or misleading evidence or information\n\n  If the Commission is:\n    (a) required to hold hearings for the purposes of an inquiry; or\n    (b) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4;\n  a person must not, in relation to the inquiry:\n    (c) give information to the Commission, whether orally or in writing, that the person knows to be false or misleading in a material particular; or\n    (d) give evidence at a hearing before the Commission that the person knows to be false or misleading in a material particular; or\n    (e) send to the Commission, under section 48, a statement or document containing material that the person knows to be false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 53 Restrictions on publication of evidence\n\n  (1) If the Commission directs that a hearing, or part of it, take place in private, the Commission may give directions prohibiting or restricting the publication of:\n    (a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or\n    (b) matters contained in documents given to the Commission in connection with the hearing.\n\n> Note: Section 15 sets out the circumstances in which the Commission may direct that a hearing, or part of it, be held be private.\n\n  (2) A person must not contravene a direction given under this section.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 54 Documents produced in relation to inquiry\n\n  If documents are produced or given to the Commission under this Part, the Commission:\n    (a) may take possession of, and make copies of, or take extracts from, the documents; and\n    (b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and\n    (c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Commission.\n\n#### 55 Allowances to witnesses\n\n  A person who attends a hearing of the Commission under a summons served under section 49 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed.\n\n#### 56 Limitation of powers under this Part\n\n  (1) The powers under sections 48 and 49, paragraph 50(a) and sections 53 and 54 may be exercised only as provided in this section.\n  (2) The powers may be exercised in relation to:\n    (a) a person holding, or performing the duties of, an office or appointment under a law of the Commonwealth or of a Territory; or\n    (b) a Commonwealth authority.\n  (3) The powers may also be exercised in relation to any person for the purposes of an inquiry to the extent that the subject matter of the inquiry relates to a subject of Commonwealth power.\n  (4) Subsection (3) does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.\n\n## Part 8—Miscellaneous\n\n#### 57 Protection from civil actions\n\n  (1) Civil proceedings may not be brought against a member, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission’s functions or powers.\n  (2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:\n    (a) made a statement or submission; or\n    (b) gave information or a document;\n  in good faith to the Commission in the course of the proper performance or exercise of the Commission’s functions or powers.\n\n#### 58 Charges for services\n\n  The Commission may, on behalf of the Commonwealth, charge fees in relation to services provided by it in the course of performing functions referred to in paragraphs 6(1)(f), (g) and (h).\n\n#### 59 Conduct by directors, employees or agents\n\n  (1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had that state of mind.\n  (2) If:\n    (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and\n    (b) that the employee or agent had that state of mind.\n  (4) If:\n    (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n  (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.\n  (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Notice of inquiry","content":"#### 13 Notice of inquiry\n\n  As soon as practicable after the Commission receives a reference to hold an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the inquiry.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Notice of hearings","content":"#### 14 Notice of hearings\n\n  Before the Commission begins to hold hearings for the purposes of an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Procedure at hearings","content":"#### 15 Procedure at hearings\n\n  (1) A hearing must be held in public except in the circumstances set out in subsection (2).\n  (2) If the Commission is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:\n    (a) direct that the hearing, or that part of it, take place in private; and\n    (b) give directions as to who may be present.\n  (3) Sections 39 and 40 apply to a hearing, so far as those sections are capable of so applying, as if the hearing were a meeting of the Commission.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Written statements etc. to be made public","content":"#### 16 Written statements etc. to be made public\n\n  If:\n    (a) the Commission is required to hold hearings for the purposes of an inquiry; and\n    (b) a person gives written evidence to the inquiry or gives or produces a document to the Commission in connection with the inquiry;\n  the Commission must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:\n    (c) that the person objects to being made public; and\n    (d) the evidence of which the Commission is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other functions of the Commission","content":"An Act to establish the Productivity Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Productivity Commission Act 1998.\n\n#### 2 Commencement\n\n  This Act commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner appointed under section 25.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Productivity Commission established by this Act, and includes a Division of the Commission performing functions of the Commission.\n\n> Commissioner means:\n\n    (a) the Chair; or\n    (b) a Commissioner appointed under section 24.\n\n> Commonwealth authority means:\n\n    (a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a Territory; or\n    (b) a company or other body corporate in which the Commonwealth, a Territory or a body referred to in paragraph (a) has a controlling interest.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> Division means a Division of the Commission established under section 40.\n\n> government body includes:\n\n    (a) a body consisting of representatives of 2 or more government bodies; and\n    (b) an international government body.\n\n> hearing means a hearing held for the purposes of an inquiry.\n\n> industry means industry of any kind (including any business or activity relating to goods or services), and a reference to industry is a reference to industry in general, a particular industry, a part of an industry, or a group or groups of particular industries.\n\n> inquiry means an inquiry held under this Act.\n\n> member means:\n\n    (a) a Commissioner (including the Chair); or\n    (b) an Associate Commissioner.\n\n> subject of Commonwealth power means any matter with respect to which the Parliament has power to make laws.\n\n#### 4 Act binds Crown\n\n  (1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.\n  (3) The protection in subsection (2) does not apply to a Commonwealth authority.\n\n## Part 2—Establishment and functions of Productivity Commission\n\n#### 5 Establishment of Commission\n\n  (1) The Productivity Commission is established.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the Chair is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the Chair;\n    (ii) the other members;\n    (iii) the staff of the Commission referred to in section 44;\n    (iv) consultants engaged under section 45; and\n    (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4.\n\n#### 6 Functions of Commission\n\n  (1) The functions of the Commission are:\n    (a) to hold inquiries and report to the Minister about matters relating to industry, industry development and productivity that are referred to it by the Minister; and\n    (b) to provide secretariat services and research services to government bodies as directed by the Minister; and\n    (c) on and after 1 July 1997, to receive and investigate complaints about the implementation of competitive neutrality arrangements in relation to Commonwealth government businesses and business activities and to report to the Minister on its investigations; and\n    (d) to provide advice to the Minister about matters relating to industry, industry development and productivity, as requested by the Minister; and\n    (e) to undertake, on its own initiative, research about matters relating to industry, industry development and productivity; and\n    (f) to promote public understanding of matters relating to industry, industry development and productivity; and\n    (g) to perform any other function conferred on it by this Act; and\n    (h) to do anything incidental to any of the preceding functions.\n  (2) In this section:\n\n> matters relating to industry, industry development and productivity includes legislative or administrative action taken, or to be taken, by the Commonwealth, a State or a Territory that affects or might affect the productivity performance of industry, industry development, or the productivity performance of the economy as a whole.\n\n#### 7 General power of Commission\n\n  The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n#### 8 General policy guidelines for Commission\n\n  (1) In the performance of its functions, the Commission must have regard to the need:\n    (a) to improve the overall economic performance of the economy through higher productivity in the public and private sectors in order to achieve higher living standards for all members of the Australian community; and\n    (b) to reduce regulation of industry (including regulation by the States, Territories and local government) where this is consistent with the social and economic goals of the Commonwealth Government; and\n    (c) to encourage the development and growth of Australian industries that are efficient in their use of resources, enterprising, innovative and internationally competitive; and\n    (d) to facilitate adjustment to structural changes in the economy and the avoidance of social and economic hardships arising from those changes; and\n    (e) to recognise the interests of industries, employees, consumers and the community, likely to be affected by measures proposed by the Commission; and\n    (f) to increase employment, including in regional areas; and\n    (g) to promote regional development; and\n    (h) to recognise the progress made by Australia’s trading partners in reducing both tariff and non‑tariff barriers; and\n    (i) to ensure that industry develops in a way that is ecologically sustainable; and\n    (j) for Australia to meet its international obligations and commitments.\n  (2) In the performance of its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister.\n  (3) The Commission, in all reports on matters referred to it, must provide a variety of viewpoints and options representing alternative means of addressing the issues in the report. If the report relies on formal mathematical economic modelling, the Commission must either:\n    (a) if practicable—utilise at least 2 different economic models, with the assumptions and results of those models made explicit in the report; or\n    (b) if it is not practicable to utilise at least 2 different economic models, appoint, and report on the views of, an independent reference panel on the modelling.\n\n#### 9 Flexibility and range of working methods in performance of Commission’s functions\n\n  In the performance of its functions, the Commission:\n    (a) is not required to act in a formal manner; and\n    (b) may inform itself on any matter in any way it thinks fit; and\n    (c) may consult with anyone it thinks fit; and\n    (d) may receive written or oral information or submissions; and\n    (e) may hold public seminars, conduct workshops and establish working groups and task forces.\n\n#### 10 Annual report\n\n  (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and\n    (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and\n    (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole.\n  (2) The report may also report on industry and productivity performance generally.\n  (3) In this section:\n\n> assistance includes any act that, directly or indirectly:\n\n    (a) assists a person to carry on a business or activity; or\n    (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity.\n\n## Part 3—Inquiries\n\n### Division 1—Reference to Commission for inquiry and report\n\n#### 11 Reference of matters to Commission for inquiry\n\n  (1) In referring a matter to the Commission for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:\n    (a) require the Commission to hold hearings for the purposes of the inquiry;\n    (b) specify a period within which the Commission must submit its report on the inquiry to the Minister;\n    (c) require the Commission to make a draft report available to the public during an inquiry;\n    (d) require the Commission to make recommendations in relation to the matter;\n  and the Commission must act accordingly.\n  (2) The Commission must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commission.\n  (3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commission.\n  (4) If the Minister refers a matter to the Commission for inquiry, the Commission may also make recommendations in the report on any matters relevant to the matter referred.\n\n#### 12 Report of inquiry to be tabled\n\n  The Minister must cause a copy of the Commission’s report on an inquiry to be tabled in each House of the Parliament:\n    (a) within 25 sitting days of that House after the day on which the Minister receives it; or\n    (b) if the Commission recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.\n\n### Division 2—Conduct of inquiries\n\n#### 13 Notice of inquiry\n\n  As soon as practicable after the Commission receives a reference to hold an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the inquiry.\n\n#### 14 Notice of hearings\n\n  Before the Commission begins to hold hearings for the purposes of an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.\n\n#### 15 Procedure at hearings\n\n  (1) A hearing must be held in public except in the circumstances set out in subsection (2).\n  (2) If the Commission is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:\n    (a) direct that the hearing, or that part of it, take place in private; and\n    (b) give directions as to who may be present.\n  (3) Sections 39 and 40 apply to a hearing, so far as those sections are capable of so applying, as if the hearing were a meeting of the Commission.\n\n#### 16 Written statements etc. to be made public\n\n  If:\n    (a) the Commission is required to hold hearings for the purposes of an inquiry; and\n    (b) a person gives written evidence to the inquiry or gives or produces a document to the Commission in connection with the inquiry;\n  the Commission must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:\n    (c) that the person objects to being made public; and\n    (d) the evidence of which the Commission is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.\n\n## Part 4—Other functions of the Commission\n\n### Division 1—Advice, research and secretariat functions\n\n#### 17 Requests for advice\n\n  (1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:\n    (a) that the advice is to be in writing;\n    (b) a period within which the advice is to be given;\n    (c) any matter to which the Commission is to have regard in giving the advice;\n  and the Commission must act accordingly.\n  (2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.\n  (3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.\n\n#### 18 Minister may publish Commission’s advice\n\n  (1) The Minister may publish advice given by the Commission under section 17 in any way he or she thinks fit.\n  (2) If:\n    (a) the Minister decides to publish the advice; and\n    (b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;\n  the Minister may publish the advice with deletions.\n  (3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.\n\n#### 19 Secretariat services and research services to government bodies\n\n  (1) If the Minister directs the Commission to provide secretariat services or research services to a government body, the direction must be in writing.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to provide the services.\n\n#### 20 Research services on request of other bodies\n\n  (1) If:\n    (a) a person or body (other than a government body) requests the Commission to undertake a specified research project for the person or body; and\n    (b) the project relates to a matter or matters relating to industry, industry development and productivity, as defined in section 6; and\n    (c) the Minister consents, in writing, to the Commission undertaking the project;\n  the Commission may undertake the project.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to undertake the project.\n\n### Division 2—Competitive neutrality complaints\n\n#### 21 Complaints to the Commission\n\n  (1) A person may complain to the Commission that:\n    (a) a particular Commonwealth Government business or business activity, or a business or business activity competing with a Commonwealth Government business or business activity, is not conducted in accordance with competitive neutrality arrangements that apply to it; or\n    (b) a particular Commonwealth government or business activity, or a business or business activity competing with a Commonwealth government business or business activity, should be required to be conducted in accordance with competitive neutrality arrangements.\n  (2) The complaint must be in writing.\n  (3) The Commission is to give particular regard to ensuring the interests of users of the service are considered in relation to the complaint and may invite submissions from interested parties.\n  (4) In addition to the obligations imposed on the functions of the Commission in section 8, the Commission must give particular consideration to the public interest requirements in clause 1 of the Competition Principles Agreement signed by the Commonwealth Government on 11 April 1995.\n  (5) Competitive neutrality arrangements are the arrangements referred to by that name in the Commonwealth Government Competitive Neutrality Statement of June 1996 (the aim of which is to ensure that significant business activities do not enjoy net competitive advantages or disadvantages in comparison with their competitors by virtue of their public sector ownership).\n\n#### 22 Discretion not to investigate complaints\n\n  (1) The Commission may decide not to investigate a complaint, if in the opinion of the Commission:\n    (a) the complaint is frivolous or vexatious or was not made in good faith; or\n    (b) the complainant does not have sufficient interest in the subject matter of the complaint; or\n    (c) an investigation is not warranted having regard to all the relevant circumstances.\n  (2) If the Commission decides not to investigate a complaint it must inform the complainant of the decision.\n\n## Part 5—Constitution and operation of Commission\n\n### Division 1—Structure of Commission\n\n#### 23 Constitution of Commission\n\n  (1) The Commission consists of:\n    (a) a Chair; and\n    (b) not fewer than 4 nor more than 12 other Commissioners.\n  (2) The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of:\n    (a) a vacancy in the office of Chair; or\n    (b) the number of Commissioners falling below 5 for a period of not more than 3 months; or\n    (c) the lack of a Commissioner who meets the requirements of subsection 24(3), (4), (5) or (6) for a period of not more than 4 months.\n\n#### 24 Appointment of Commissioners\n\n  (1) The Commissioners are to be appointed by the Governor‑General.\n  (2) A person must not be appointed as a Commissioner unless he or she has, in the opinion of the Governor‑General, qualifications and experience relevant to the Commission’s functions.\n  (3) At least one Commissioner must have extensive skills and experience in applying the principles of ecologically sustainable development and environmental conservation.\n  (4) At least one Commissioner must have extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery.\n  (5) At least one Commissioner must have extensive skills and experience acquired in working in Australian industry.\n  (6) At least one Commissioner must:\n    (a) have extensive skills and experience in dealing with policies and programs that have an impact on Indigenous persons; and\n    (b) have experience in dealing with one or more communities of Indigenous persons.\n\n#### 25 Appointment of Associate Commissioners\n\n  (1) The Minister may, after consulting with the Chair, appoint Associate Commissioners to the Commission.\n  (2) Despite subsection (1), the Minister must appoint an Associate Commissioner for the purposes of an inquiry on the matter mentioned in subsection 87(1) or (2) or 88(1) or (2) of the Water Act 2007.\n  (3) An Associate Commissioner appointed under subsection (2) must have extensive skills and experience in water resource management.\n\n#### 26 Terms and conditions of appointment of members\n\n  (1) The Chair must be appointed on a full‑time basis.\n  (2) The other members of the Commission may be appointed either on a full‑time or part‑time basis.\n  (6) A member is appointed for the term, not longer than 5 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.\n  (7) A member’s appointment is subject to any terms and conditions set out in the instrument of appointment.\n\n#### 27 Outside employment\n\n  (1) A full‑time member must not engage in paid employment outside the duties of his or her office, except with the Minister’s consent.\n  (2) A part‑time member must not engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.\n\n#### 28 Remuneration and allowances\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the prescribed allowances.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave of absence for full‑time members\n\n  (1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time member leave of absence (other than recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Minister may, by written instrument, delegate to the Chair the Minister’s powers under subsection (2) (other than powers in relation to the Chair).\n\n#### 30 Leave of absence for part‑time members\n\n  The Chair may grant leave to a part‑time member to be absent from a meeting or meetings of the Commission.\n\n#### 31 Deputy Chair\n\n  (1) The Minister may, in writing, appoint one of the full‑time Commissioners to be the Deputy Chair for such period as is specified in the instrument of appointment.\n  (2) The Deputy Chair must assist the Chair in the exercise of the powers and the performance of the duties of the Chair.\n  (3) The Deputy Chair holds office until:\n    (a) his or her term of office as Deputy Chair expires; or\n    (b) he or she ceases to be a Commissioner; or\n    (c) the Chair ends the appointment;\n  whichever first happens.\n  (4) A Commissioner may resign an appointment as Deputy Chair by giving the Chair a signed notice of resignation, but the resignation is not effective until it is accepted by the Chair.\n\n#### 32 Acting appointments\n\n  (1) The Deputy Chair is to act as Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint another Commissioner to act as Chair if:\n    (a) there is a vacancy in the office of Chair and the office of Deputy Chair (whether or not an appointment has been made to either or both of those offices); or\n    (b) the Chair and Deputy Chair are absent from duty or from Australia or are, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person (including an Associate Commissioner) to act as a Commissioner (other than the Chair ):\n    (a) during a vacancy in the office of the Commissioner; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 33 Resignation of member\n\n  (1) A Commissioner may resign by giving the Governor‑General a signed notice of resignation.\n  (2) An Associate Commissioner may resign by giving the Minister a signed notice of resignation.\n\n#### 34 Retirement of member\n\n  (1) The Governor‑General may retire a Commissioner on the ground of invalidity if the Commissioner consents.\n  (2) The Minister may retire an Associate Commissioner on the ground of invalidity if the Associate Commissioner consents.\n\n#### 35 Termination of member\n\n  (1) The Governor‑General may terminate a Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate a Commissioner’s appointment:\n    (a) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Commissioner is a full‑time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Commissioner is a full‑time Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Commissioner is a part‑time Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.\n  (3) The Minister may terminate an Associate Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (4) The Minister must terminate an Associate Commissioner’s appointment:\n    (a) if the Associate Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Associate Commissioner is a full‑time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Associate Commissioner is a full‑time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Associate Commissioner is a part‑time Associate Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Associate Commissioner’s duties.\n  (5) A member is not to be removed from office except as provided in this section.\n\n#### 36 Removal taken to be retirement on ground of invalidity\n\n  (1) If a member:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office.\n  (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.\n  (3) If a member:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.\n  (5) If a member:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.\n\n#### 37 Retirement on ground of invalidity under the Superannuation Acts\n\n  (1) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) has not reached his or her maximum retiring age (within the meaning of that Act);\n  is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.\n  (2) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.\n  (3) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.\n\n### Division 2—Operation of Commission\n\n#### 38 Role of Chair\n\n  The Chair is to manage the Commission and to ensure the efficient performance of the Commission’s functions.\n\n#### 39 Meetings of Commission\n\n  (1) The Chair is to convene such meetings of the Commission he or she thinks necessary for the efficient performance of the functions of the Commission.\n  (2) Meetings are to be held at such places as the Chair determines.\n  (3) The Chair must preside at all meetings.\n  (4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.\n  (5) At a meeting:\n    (a) the Chair and 3 other Commissioners form a quorum; and\n    (b) questions must be decided by a majority of votes of the Commissioners present and voting; and\n    (c) the Chair has a deliberative vote and, if necessary, also has a casting vote.\n  (6) The Chair may permit a person to participate in, or a Commissioner to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.\n  (7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the Commissioners.\n  (8) This section has effect subject to sections 40 and 41.\n\n#### 40 Commission may sit in Divisions\n\n  (1) For the purposes of performing a function of the Commission, the Chair may, by written instrument, establish a Division of the Commission.\n  (2) The Division is to be constituted by the Chair and any other member or members specified in the instrument.\n  (3) A Division is taken to be the Commission for the purposes of performing the function specified in the instrument and exercising the powers of the Commission in relation to that function.\n  (4) Despite subsection 39(3), the Chair is not required to attend a meeting of a Division. If the Chair does not attend, he or she must nominate another member to preside.\n  (5) The Chair may at any time before the Commission has completed performing the function specified in the instrument, amend the instrument in any respect, and if the constitution of the Division is changed, the Division as constituted after the change may complete the function specified in the instrument.\n  (6) At a meeting of a Division constituted by 3 or more members, 2 members form a quorum.\n  (7) A Division of the Commission may exercise powers of the Commission under this Act even if another Division of the Commission is exercising powers of the Commission at the same time.\n\n#### 41 Constitution of Division by one member in exceptional circumstances\n\n  (1) Despite section 40, a Division may be constituted by one member if:\n    (a) only one member of a Division is available to attend a hearing; and\n    (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control.\n  (2) If subsection (1) applies:\n    (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and\n    (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.\n  (3) In this section:\n\n> hearing includes part of a hearing.\n\n#### 42 Delegation by Chair\n\n  The Chair may, in writing, delegate all or any of the Chair’s powers and functions under this Act to a member.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.\n\n#### 43 Disclosure of interests\n\n  (1) The Chair must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n  (3) If:\n    (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document;\n  the Chair must ensure that the interest is disclosed in the report or document.\n  (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following:\n    (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly;\n    (b) if paragraph (a) does not apply, the Chair must ensure that:\n    (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document.\n\n## Part 6—Staff and consultants\n\n#### 44 Staff\n\n  (1) Subject to section 45, the staff of the Commission are to be engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and\n    (b) the Chair is the Head of that Statutory Agency.\n\n#### 45 Consultants\n\n  (1) The Chair may, on behalf of the Commonwealth, engage as consultants to the Commission persons who have suitable qualifications and experience.\n  (2) In selecting consultants and in its annual reporting on the engagement of consultants, the Commission must follow the Commonwealth’s best practice standards.\n  (3) The Chair must ensure that the Commonwealth’s best practice standards are used in selecting consultants and in public reporting on their engagement.\n  (4) If the estimated value of a consultancy exceeds the amount prescribed by the regulations, the Chair must ensure that an open, competitive tendering process is used in selecting the consultant or consultants.\n  (5) A consultant may be engaged either under a contract for services or a contract of service.\n  (6) Subject to any commitments under any award or employment agreement, the Chair may determine the terms and conditions on which a consultant is engaged.\n\n## Part 7—Offences etc.\n\n#### 46 Hindering or disrupting Commission\n\n  A person must not:\n    (a) obstruct or hinder a member of the Commission in the performance of the Commission’s functions; or\n    (b) disrupt a hearing before the Commission.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 47 Intimidation etc.\n\n  A person must not:\n    (a) threaten, intimidate or coerce another person; or\n    (b) cause or procure damage, loss or disadvantage to another person;\n  because that other person:\n    (c) proposes to give, or has given, information or documents to the Commission; or\n    (d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or\n    (e) proposes to assist, or has assisted, the Commission in the performance of its functions in any other way.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 48 Notice to person to provide information and documents\n\n  (1) If the Commission:\n    (a) is:\n    (i) required to hold hearings for the purposes of an inquiry; or\n    (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and\n    (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;\n  the Chair may, by written notice served on the person, require the person to send to the Commission:\n    (c) a statement signed by the person, setting out the specified information; and\n    (d) specified documents.\n  (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served.\n  (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 49 Summons to person to attend hearing\n\n  (1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.\n  (2) A person served with a summons to appear at a hearing must not intentionally:\n    (a) fail to attend as required by the summons; or\n    (b) fail to attend from day to day.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code)\n\n#### 50 Refusal to answer questions or produce documents\n\n  A person appearing as a witness at a hearing must not refuse or fail:\n    (a) to answer a question as required by the Chair; or\n    (b) to produce a document as required by a summons served on the person under section 49.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 51 Preservation of the privilege against self‑incrimination\n\n  (1) Subject to subsection (2), a person who would, apart from this subsection, be required to:\n    (a) send a statement or document to the Commission under section 48; or\n    (b) answer a question or produce a document under section 50;\n  need not comply with that requirement if so complying would:\n    (c) tend to incriminate the person; or\n    (d) result in further attempts to obtain evidence that would tend to incriminate the person.\n  (2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.\n\n#### 52 False or misleading evidence or information\n\n  If the Commission is:\n    (a) required to hold hearings for the purposes of an inquiry; or\n    (b) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4;\n  a person must not, in relation to the inquiry:\n    (c) give information to the Commission, whether orally or in writing, that the person knows to be false or misleading in a material particular; or\n    (d) give evidence at a hearing before the Commission that the person knows to be false or misleading in a material particular; or\n    (e) send to the Commission, under section 48, a statement or document containing material that the person knows to be false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 53 Restrictions on publication of evidence\n\n  (1) If the Commission directs that a hearing, or part of it, take place in private, the Commission may give directions prohibiting or restricting the publication of:\n    (a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or\n    (b) matters contained in documents given to the Commission in connection with the hearing.\n\n> Note: Section 15 sets out the circumstances in which the Commission may direct that a hearing, or part of it, be held be private.\n\n  (2) A person must not contravene a direction given under this section.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 54 Documents produced in relation to inquiry\n\n  If documents are produced or given to the Commission under this Part, the Commission:\n    (a) may take possession of, and make copies of, or take extracts from, the documents; and\n    (b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and\n    (c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Commission.\n\n#### 55 Allowances to witnesses\n\n  A person who attends a hearing of the Commission under a summons served under section 49 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed.\n\n#### 56 Limitation of powers under this Part\n\n  (1) The powers under sections 48 and 49, paragraph 50(a) and sections 53 and 54 may be exercised only as provided in this section.\n  (2) The powers may be exercised in relation to:\n    (a) a person holding, or performing the duties of, an office or appointment under a law of the Commonwealth or of a Territory; or\n    (b) a Commonwealth authority.\n  (3) The powers may also be exercised in relation to any person for the purposes of an inquiry to the extent that the subject matter of the inquiry relates to a subject of Commonwealth power.\n  (4) Subsection (3) does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.\n\n## Part 8—Miscellaneous\n\n#### 57 Protection from civil actions\n\n  (1) Civil proceedings may not be brought against a member, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission’s functions or powers.\n  (2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:\n    (a) made a statement or submission; or\n    (b) gave information or a document;\n  in good faith to the Commission in the course of the proper performance or exercise of the Commission’s functions or powers.\n\n#### 58 Charges for services\n\n  The Commission may, on behalf of the Commonwealth, charge fees in relation to services provided by it in the course of performing functions referred to in paragraphs 6(1)(f), (g) and (h).\n\n#### 59 Conduct by directors, employees or agents\n\n  (1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had that state of mind.\n  (2) If:\n    (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and\n    (b) that the employee or agent had that state of mind.\n  (4) If:\n    (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n  (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.\n  (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Requests for advice","content":"#### 17 Requests for advice\n\n  (1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:\n    (a) that the advice is to be in writing;\n    (b) a period within which the advice is to be given;\n    (c) any matter to which the Commission is to have regard in giving the advice;\n  and the Commission must act accordingly.\n  (2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.\n  (3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Minister may publish Commission’s advice","content":"#### 18 Minister may publish Commission’s advice\n\n  (1) The Minister may publish advice given by the Commission under section 17 in any way he or she thinks fit.\n  (2) If:\n    (a) the Minister decides to publish the advice; and\n    (b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;\n  the Minister may publish the advice with deletions.\n  (3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Secretariat services and research services to government bodies","content":"#### 19 Secretariat services and research services to government bodies\n\n  (1) If the Minister directs the Commission to provide secretariat services or research services to a government body, the direction must be in writing.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to provide the services.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Research services on request of other bodies","content":"#### 20 Research services on request of other bodies\n\n  (1) If:\n    (a) a person or body (other than a government body) requests the Commission to undertake a specified research project for the person or body; and\n    (b) the project relates to a matter or matters relating to industry, industry development and productivity, as defined in section 6; and\n    (c) the Minister consents, in writing, to the Commission undertaking the project;\n  the Commission may undertake the project.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to undertake the project.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Complaints to the Commission","content":"#### 21 Complaints to the Commission\n\n  (1) A person may complain to the Commission that:\n    (a) a particular Commonwealth Government business or business activity, or a business or business activity competing with a Commonwealth Government business or business activity, is not conducted in accordance with competitive neutrality arrangements that apply to it; or\n    (b) a particular Commonwealth government or business activity, or a business or business activity competing with a Commonwealth government business or business activity, should be required to be conducted in accordance with competitive neutrality arrangements.\n  (2) The complaint must be in writing.\n  (3) The Commission is to give particular regard to ensuring the interests of users of the service are considered in relation to the complaint and may invite submissions from interested parties.\n  (4) In addition to the obligations imposed on the functions of the Commission in section 8, the Commission must give particular consideration to the public interest requirements in clause 1 of the Competition Principles Agreement signed by the Commonwealth Government on 11 April 1995.\n  (5) Competitive neutrality arrangements are the arrangements referred to by that name in the Commonwealth Government Competitive Neutrality Statement of June 1996 (the aim of which is to ensure that significant business activities do not enjoy net competitive advantages or disadvantages in comparison with their competitors by virtue of their public sector ownership).","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Discretion not to investigate complaints","content":"#### 22 Discretion not to investigate complaints\n\n  (1) The Commission may decide not to investigate a complaint, if in the opinion of the Commission:\n    (a) the complaint is frivolous or vexatious or was not made in good faith; or\n    (b) the complainant does not have sufficient interest in the subject matter of the complaint; or\n    (c) an investigation is not warranted having regard to all the relevant circumstances.\n  (2) If the Commission decides not to investigate a complaint it must inform the complainant of the decision.","sortOrder":29},{"sectionNumber":"Part 5","sectionType":"part","heading":"Constitution and operation of Commission","content":"An Act to establish the Productivity Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Productivity Commission Act 1998.\n\n#### 2 Commencement\n\n  This Act commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner appointed under section 25.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Productivity Commission established by this Act, and includes a Division of the Commission performing functions of the Commission.\n\n> Commissioner means:\n\n    (a) the Chair; or\n    (b) a Commissioner appointed under section 24.\n\n> Commonwealth authority means:\n\n    (a) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a Territory; or\n    (b) a company or other body corporate in which the Commonwealth, a Territory or a body referred to in paragraph (a) has a controlling interest.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> Division means a Division of the Commission established under section 40.\n\n> government body includes:\n\n    (a) a body consisting of representatives of 2 or more government bodies; and\n    (b) an international government body.\n\n> hearing means a hearing held for the purposes of an inquiry.\n\n> industry means industry of any kind (including any business or activity relating to goods or services), and a reference to industry is a reference to industry in general, a particular industry, a part of an industry, or a group or groups of particular industries.\n\n> inquiry means an inquiry held under this Act.\n\n> member means:\n\n    (a) a Commissioner (including the Chair); or\n    (b) an Associate Commissioner.\n\n> subject of Commonwealth power means any matter with respect to which the Parliament has power to make laws.\n\n#### 4 Act binds Crown\n\n  (1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.\n  (3) The protection in subsection (2) does not apply to a Commonwealth authority.\n\n## Part 2—Establishment and functions of Productivity Commission\n\n#### 5 Establishment of Commission\n\n  (1) The Productivity Commission is established.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the Chair is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the Chair;\n    (ii) the other members;\n    (iii) the staff of the Commission referred to in section 44;\n    (iv) consultants engaged under section 45; and\n    (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4.\n\n#### 6 Functions of Commission\n\n  (1) The functions of the Commission are:\n    (a) to hold inquiries and report to the Minister about matters relating to industry, industry development and productivity that are referred to it by the Minister; and\n    (b) to provide secretariat services and research services to government bodies as directed by the Minister; and\n    (c) on and after 1 July 1997, to receive and investigate complaints about the implementation of competitive neutrality arrangements in relation to Commonwealth government businesses and business activities and to report to the Minister on its investigations; and\n    (d) to provide advice to the Minister about matters relating to industry, industry development and productivity, as requested by the Minister; and\n    (e) to undertake, on its own initiative, research about matters relating to industry, industry development and productivity; and\n    (f) to promote public understanding of matters relating to industry, industry development and productivity; and\n    (g) to perform any other function conferred on it by this Act; and\n    (h) to do anything incidental to any of the preceding functions.\n  (2) In this section:\n\n> matters relating to industry, industry development and productivity includes legislative or administrative action taken, or to be taken, by the Commonwealth, a State or a Territory that affects or might affect the productivity performance of industry, industry development, or the productivity performance of the economy as a whole.\n\n#### 7 General power of Commission\n\n  The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n#### 8 General policy guidelines for Commission\n\n  (1) In the performance of its functions, the Commission must have regard to the need:\n    (a) to improve the overall economic performance of the economy through higher productivity in the public and private sectors in order to achieve higher living standards for all members of the Australian community; and\n    (b) to reduce regulation of industry (including regulation by the States, Territories and local government) where this is consistent with the social and economic goals of the Commonwealth Government; and\n    (c) to encourage the development and growth of Australian industries that are efficient in their use of resources, enterprising, innovative and internationally competitive; and\n    (d) to facilitate adjustment to structural changes in the economy and the avoidance of social and economic hardships arising from those changes; and\n    (e) to recognise the interests of industries, employees, consumers and the community, likely to be affected by measures proposed by the Commission; and\n    (f) to increase employment, including in regional areas; and\n    (g) to promote regional development; and\n    (h) to recognise the progress made by Australia’s trading partners in reducing both tariff and non‑tariff barriers; and\n    (i) to ensure that industry develops in a way that is ecologically sustainable; and\n    (j) for Australia to meet its international obligations and commitments.\n  (2) In the performance of its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister.\n  (3) The Commission, in all reports on matters referred to it, must provide a variety of viewpoints and options representing alternative means of addressing the issues in the report. If the report relies on formal mathematical economic modelling, the Commission must either:\n    (a) if practicable—utilise at least 2 different economic models, with the assumptions and results of those models made explicit in the report; or\n    (b) if it is not practicable to utilise at least 2 different economic models, appoint, and report on the views of, an independent reference panel on the modelling.\n\n#### 9 Flexibility and range of working methods in performance of Commission’s functions\n\n  In the performance of its functions, the Commission:\n    (a) is not required to act in a formal manner; and\n    (b) may inform itself on any matter in any way it thinks fit; and\n    (c) may consult with anyone it thinks fit; and\n    (d) may receive written or oral information or submissions; and\n    (e) may hold public seminars, conduct workshops and establish working groups and task forces.\n\n#### 10 Annual report\n\n  (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and\n    (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and\n    (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole.\n  (2) The report may also report on industry and productivity performance generally.\n  (3) In this section:\n\n> assistance includes any act that, directly or indirectly:\n\n    (a) assists a person to carry on a business or activity; or\n    (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity.\n\n## Part 3—Inquiries\n\n### Division 1—Reference to Commission for inquiry and report\n\n#### 11 Reference of matters to Commission for inquiry\n\n  (1) In referring a matter to the Commission for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:\n    (a) require the Commission to hold hearings for the purposes of the inquiry;\n    (b) specify a period within which the Commission must submit its report on the inquiry to the Minister;\n    (c) require the Commission to make a draft report available to the public during an inquiry;\n    (d) require the Commission to make recommendations in relation to the matter;\n  and the Commission must act accordingly.\n  (2) The Commission must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commission.\n  (3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commission.\n  (4) If the Minister refers a matter to the Commission for inquiry, the Commission may also make recommendations in the report on any matters relevant to the matter referred.\n\n#### 12 Report of inquiry to be tabled\n\n  The Minister must cause a copy of the Commission’s report on an inquiry to be tabled in each House of the Parliament:\n    (a) within 25 sitting days of that House after the day on which the Minister receives it; or\n    (b) if the Commission recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.\n\n### Division 2—Conduct of inquiries\n\n#### 13 Notice of inquiry\n\n  As soon as practicable after the Commission receives a reference to hold an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the inquiry.\n\n#### 14 Notice of hearings\n\n  Before the Commission begins to hold hearings for the purposes of an inquiry, it must give reasonable notice, by publishing a notice in a manner that results in the notice being accessible to the public and reasonably prominent, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.\n\n#### 15 Procedure at hearings\n\n  (1) A hearing must be held in public except in the circumstances set out in subsection (2).\n  (2) If the Commission is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:\n    (a) direct that the hearing, or that part of it, take place in private; and\n    (b) give directions as to who may be present.\n  (3) Sections 39 and 40 apply to a hearing, so far as those sections are capable of so applying, as if the hearing were a meeting of the Commission.\n\n#### 16 Written statements etc. to be made public\n\n  If:\n    (a) the Commission is required to hold hearings for the purposes of an inquiry; and\n    (b) a person gives written evidence to the inquiry or gives or produces a document to the Commission in connection with the inquiry;\n  the Commission must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:\n    (c) that the person objects to being made public; and\n    (d) the evidence of which the Commission is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.\n\n## Part 4—Other functions of the Commission\n\n### Division 1—Advice, research and secretariat functions\n\n#### 17 Requests for advice\n\n  (1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:\n    (a) that the advice is to be in writing;\n    (b) a period within which the advice is to be given;\n    (c) any matter to which the Commission is to have regard in giving the advice;\n  and the Commission must act accordingly.\n  (2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.\n  (3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.\n\n#### 18 Minister may publish Commission’s advice\n\n  (1) The Minister may publish advice given by the Commission under section 17 in any way he or she thinks fit.\n  (2) If:\n    (a) the Minister decides to publish the advice; and\n    (b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;\n  the Minister may publish the advice with deletions.\n  (3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.\n\n#### 19 Secretariat services and research services to government bodies\n\n  (1) If the Minister directs the Commission to provide secretariat services or research services to a government body, the direction must be in writing.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to provide the services.\n\n#### 20 Research services on request of other bodies\n\n  (1) If:\n    (a) a person or body (other than a government body) requests the Commission to undertake a specified research project for the person or body; and\n    (b) the project relates to a matter or matters relating to industry, industry development and productivity, as defined in section 6; and\n    (c) the Minister consents, in writing, to the Commission undertaking the project;\n  the Commission may undertake the project.\n  (2) The Minister may, in writing, specify conditions on which the Commission is to undertake the project.\n\n### Division 2—Competitive neutrality complaints\n\n#### 21 Complaints to the Commission\n\n  (1) A person may complain to the Commission that:\n    (a) a particular Commonwealth Government business or business activity, or a business or business activity competing with a Commonwealth Government business or business activity, is not conducted in accordance with competitive neutrality arrangements that apply to it; or\n    (b) a particular Commonwealth government or business activity, or a business or business activity competing with a Commonwealth government business or business activity, should be required to be conducted in accordance with competitive neutrality arrangements.\n  (2) The complaint must be in writing.\n  (3) The Commission is to give particular regard to ensuring the interests of users of the service are considered in relation to the complaint and may invite submissions from interested parties.\n  (4) In addition to the obligations imposed on the functions of the Commission in section 8, the Commission must give particular consideration to the public interest requirements in clause 1 of the Competition Principles Agreement signed by the Commonwealth Government on 11 April 1995.\n  (5) Competitive neutrality arrangements are the arrangements referred to by that name in the Commonwealth Government Competitive Neutrality Statement of June 1996 (the aim of which is to ensure that significant business activities do not enjoy net competitive advantages or disadvantages in comparison with their competitors by virtue of their public sector ownership).\n\n#### 22 Discretion not to investigate complaints\n\n  (1) The Commission may decide not to investigate a complaint, if in the opinion of the Commission:\n    (a) the complaint is frivolous or vexatious or was not made in good faith; or\n    (b) the complainant does not have sufficient interest in the subject matter of the complaint; or\n    (c) an investigation is not warranted having regard to all the relevant circumstances.\n  (2) If the Commission decides not to investigate a complaint it must inform the complainant of the decision.\n\n## Part 5—Constitution and operation of Commission\n\n### Division 1—Structure of Commission\n\n#### 23 Constitution of Commission\n\n  (1) The Commission consists of:\n    (a) a Chair; and\n    (b) not fewer than 4 nor more than 12 other Commissioners.\n  (2) The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of:\n    (a) a vacancy in the office of Chair; or\n    (b) the number of Commissioners falling below 5 for a period of not more than 3 months; or\n    (c) the lack of a Commissioner who meets the requirements of subsection 24(3), (4), (5) or (6) for a period of not more than 4 months.\n\n#### 24 Appointment of Commissioners\n\n  (1) The Commissioners are to be appointed by the Governor‑General.\n  (2) A person must not be appointed as a Commissioner unless he or she has, in the opinion of the Governor‑General, qualifications and experience relevant to the Commission’s functions.\n  (3) At least one Commissioner must have extensive skills and experience in applying the principles of ecologically sustainable development and environmental conservation.\n  (4) At least one Commissioner must have extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery.\n  (5) At least one Commissioner must have extensive skills and experience acquired in working in Australian industry.\n  (6) At least one Commissioner must:\n    (a) have extensive skills and experience in dealing with policies and programs that have an impact on Indigenous persons; and\n    (b) have experience in dealing with one or more communities of Indigenous persons.\n\n#### 25 Appointment of Associate Commissioners\n\n  (1) The Minister may, after consulting with the Chair, appoint Associate Commissioners to the Commission.\n  (2) Despite subsection (1), the Minister must appoint an Associate Commissioner for the purposes of an inquiry on the matter mentioned in subsection 87(1) or (2) or 88(1) or (2) of the Water Act 2007.\n  (3) An Associate Commissioner appointed under subsection (2) must have extensive skills and experience in water resource management.\n\n#### 26 Terms and conditions of appointment of members\n\n  (1) The Chair must be appointed on a full‑time basis.\n  (2) The other members of the Commission may be appointed either on a full‑time or part‑time basis.\n  (6) A member is appointed for the term, not longer than 5 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.\n  (7) A member’s appointment is subject to any terms and conditions set out in the instrument of appointment.\n\n#### 27 Outside employment\n\n  (1) A full‑time member must not engage in paid employment outside the duties of his or her office, except with the Minister’s consent.\n  (2) A part‑time member must not engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.\n\n#### 28 Remuneration and allowances\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the prescribed allowances.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave of absence for full‑time members\n\n  (1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time member leave of absence (other than recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Minister may, by written instrument, delegate to the Chair the Minister’s powers under subsection (2) (other than powers in relation to the Chair).\n\n#### 30 Leave of absence for part‑time members\n\n  The Chair may grant leave to a part‑time member to be absent from a meeting or meetings of the Commission.\n\n#### 31 Deputy Chair\n\n  (1) The Minister may, in writing, appoint one of the full‑time Commissioners to be the Deputy Chair for such period as is specified in the instrument of appointment.\n  (2) The Deputy Chair must assist the Chair in the exercise of the powers and the performance of the duties of the Chair.\n  (3) The Deputy Chair holds office until:\n    (a) his or her term of office as Deputy Chair expires; or\n    (b) he or she ceases to be a Commissioner; or\n    (c) the Chair ends the appointment;\n  whichever first happens.\n  (4) A Commissioner may resign an appointment as Deputy Chair by giving the Chair a signed notice of resignation, but the resignation is not effective until it is accepted by the Chair.\n\n#### 32 Acting appointments\n\n  (1) The Deputy Chair is to act as Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint another Commissioner to act as Chair if:\n    (a) there is a vacancy in the office of Chair and the office of Deputy Chair (whether or not an appointment has been made to either or both of those offices); or\n    (b) the Chair and Deputy Chair are absent from duty or from Australia or are, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person (including an Associate Commissioner) to act as a Commissioner (other than the Chair ):\n    (a) during a vacancy in the office of the Commissioner; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 33 Resignation of member\n\n  (1) A Commissioner may resign by giving the Governor‑General a signed notice of resignation.\n  (2) An Associate Commissioner may resign by giving the Minister a signed notice of resignation.\n\n#### 34 Retirement of member\n\n  (1) The Governor‑General may retire a Commissioner on the ground of invalidity if the Commissioner consents.\n  (2) The Minister may retire an Associate Commissioner on the ground of invalidity if the Associate Commissioner consents.\n\n#### 35 Termination of member\n\n  (1) The Governor‑General may terminate a Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate a Commissioner’s appointment:\n    (a) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Commissioner is a full‑time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Commissioner is a full‑time Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Commissioner is a part‑time Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.\n  (3) The Minister may terminate an Associate Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (4) The Minister must terminate an Associate Commissioner’s appointment:\n    (a) if the Associate Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Associate Commissioner is a full‑time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Associate Commissioner is a full‑time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Associate Commissioner is a part‑time Associate Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Associate Commissioner’s duties.\n  (5) A member is not to be removed from office except as provided in this section.\n\n#### 36 Removal taken to be retirement on ground of invalidity\n\n  (1) If a member:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office.\n  (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.\n  (3) If a member:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.\n  (5) If a member:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.\n\n#### 37 Retirement on ground of invalidity under the Superannuation Acts\n\n  (1) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) has not reached his or her maximum retiring age (within the meaning of that Act);\n  is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.\n  (2) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.\n  (3) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.\n\n### Division 2—Operation of Commission\n\n#### 38 Role of Chair\n\n  The Chair is to manage the Commission and to ensure the efficient performance of the Commission’s functions.\n\n#### 39 Meetings of Commission\n\n  (1) The Chair is to convene such meetings of the Commission he or she thinks necessary for the efficient performance of the functions of the Commission.\n  (2) Meetings are to be held at such places as the Chair determines.\n  (3) The Chair must preside at all meetings.\n  (4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.\n  (5) At a meeting:\n    (a) the Chair and 3 other Commissioners form a quorum; and\n    (b) questions must be decided by a majority of votes of the Commissioners present and voting; and\n    (c) the Chair has a deliberative vote and, if necessary, also has a casting vote.\n  (6) The Chair may permit a person to participate in, or a Commissioner to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.\n  (7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the Commissioners.\n  (8) This section has effect subject to sections 40 and 41.\n\n#### 40 Commission may sit in Divisions\n\n  (1) For the purposes of performing a function of the Commission, the Chair may, by written instrument, establish a Division of the Commission.\n  (2) The Division is to be constituted by the Chair and any other member or members specified in the instrument.\n  (3) A Division is taken to be the Commission for the purposes of performing the function specified in the instrument and exercising the powers of the Commission in relation to that function.\n  (4) Despite subsection 39(3), the Chair is not required to attend a meeting of a Division. If the Chair does not attend, he or she must nominate another member to preside.\n  (5) The Chair may at any time before the Commission has completed performing the function specified in the instrument, amend the instrument in any respect, and if the constitution of the Division is changed, the Division as constituted after the change may complete the function specified in the instrument.\n  (6) At a meeting of a Division constituted by 3 or more members, 2 members form a quorum.\n  (7) A Division of the Commission may exercise powers of the Commission under this Act even if another Division of the Commission is exercising powers of the Commission at the same time.\n\n#### 41 Constitution of Division by one member in exceptional circumstances\n\n  (1) Despite section 40, a Division may be constituted by one member if:\n    (a) only one member of a Division is available to attend a hearing; and\n    (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control.\n  (2) If subsection (1) applies:\n    (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and\n    (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.\n  (3) In this section:\n\n> hearing includes part of a hearing.\n\n#### 42 Delegation by Chair\n\n  The Chair may, in writing, delegate all or any of the Chair’s powers and functions under this Act to a member.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.\n\n#### 43 Disclosure of interests\n\n  (1) The Chair must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n  (3) If:\n    (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document;\n  the Chair must ensure that the interest is disclosed in the report or document.\n  (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following:\n    (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly;\n    (b) if paragraph (a) does not apply, the Chair must ensure that:\n    (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document.\n\n## Part 6—Staff and consultants\n\n#### 44 Staff\n\n  (1) Subject to section 45, the staff of the Commission are to be engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and\n    (b) the Chair is the Head of that Statutory Agency.\n\n#### 45 Consultants\n\n  (1) The Chair may, on behalf of the Commonwealth, engage as consultants to the Commission persons who have suitable qualifications and experience.\n  (2) In selecting consultants and in its annual reporting on the engagement of consultants, the Commission must follow the Commonwealth’s best practice standards.\n  (3) The Chair must ensure that the Commonwealth’s best practice standards are used in selecting consultants and in public reporting on their engagement.\n  (4) If the estimated value of a consultancy exceeds the amount prescribed by the regulations, the Chair must ensure that an open, competitive tendering process is used in selecting the consultant or consultants.\n  (5) A consultant may be engaged either under a contract for services or a contract of service.\n  (6) Subject to any commitments under any award or employment agreement, the Chair may determine the terms and conditions on which a consultant is engaged.\n\n## Part 7—Offences etc.\n\n#### 46 Hindering or disrupting Commission\n\n  A person must not:\n    (a) obstruct or hinder a member of the Commission in the performance of the Commission’s functions; or\n    (b) disrupt a hearing before the Commission.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 47 Intimidation etc.\n\n  A person must not:\n    (a) threaten, intimidate or coerce another person; or\n    (b) cause or procure damage, loss or disadvantage to another person;\n  because that other person:\n    (c) proposes to give, or has given, information or documents to the Commission; or\n    (d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or\n    (e) proposes to assist, or has assisted, the Commission in the performance of its functions in any other way.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 48 Notice to person to provide information and documents\n\n  (1) If the Commission:\n    (a) is:\n    (i) required to hold hearings for the purposes of an inquiry; or\n    (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and\n    (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;\n  the Chair may, by written notice served on the person, require the person to send to the Commission:\n    (c) a statement signed by the person, setting out the specified information; and\n    (d) specified documents.\n  (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served.\n  (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 49 Summons to person to attend hearing\n\n  (1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.\n  (2) A person served with a summons to appear at a hearing must not intentionally:\n    (a) fail to attend as required by the summons; or\n    (b) fail to attend from day to day.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code)\n\n#### 50 Refusal to answer questions or produce documents\n\n  A person appearing as a witness at a hearing must not refuse or fail:\n    (a) to answer a question as required by the Chair; or\n    (b) to produce a document as required by a summons served on the person under section 49.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 51 Preservation of the privilege against self‑incrimination\n\n  (1) Subject to subsection (2), a person who would, apart from this subsection, be required to:\n    (a) send a statement or document to the Commission under section 48; or\n    (b) answer a question or produce a document under section 50;\n  need not comply with that requirement if so complying would:\n    (c) tend to incriminate the person; or\n    (d) result in further attempts to obtain evidence that would tend to incriminate the person.\n  (2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.\n\n#### 52 False or misleading evidence or information\n\n  If the Commission is:\n    (a) required to hold hearings for the purposes of an inquiry; or\n    (b) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4;\n  a person must not, in relation to the inquiry:\n    (c) give information to the Commission, whether orally or in writing, that the person knows to be false or misleading in a material particular; or\n    (d) give evidence at a hearing before the Commission that the person knows to be false or misleading in a material particular; or\n    (e) send to the Commission, under section 48, a statement or document containing material that the person knows to be false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 53 Restrictions on publication of evidence\n\n  (1) If the Commission directs that a hearing, or part of it, take place in private, the Commission may give directions prohibiting or restricting the publication of:\n    (a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or\n    (b) matters contained in documents given to the Commission in connection with the hearing.\n\n> Note: Section 15 sets out the circumstances in which the Commission may direct that a hearing, or part of it, be held be private.\n\n  (2) A person must not contravene a direction given under this section.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 54 Documents produced in relation to inquiry\n\n  If documents are produced or given to the Commission under this Part, the Commission:\n    (a) may take possession of, and make copies of, or take extracts from, the documents; and\n    (b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and\n    (c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Commission.\n\n#### 55 Allowances to witnesses\n\n  A person who attends a hearing of the Commission under a summons served under section 49 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed.\n\n#### 56 Limitation of powers under this Part\n\n  (1) The powers under sections 48 and 49, paragraph 50(a) and sections 53 and 54 may be exercised only as provided in this section.\n  (2) The powers may be exercised in relation to:\n    (a) a person holding, or performing the duties of, an office or appointment under a law of the Commonwealth or of a Territory; or\n    (b) a Commonwealth authority.\n  (3) The powers may also be exercised in relation to any person for the purposes of an inquiry to the extent that the subject matter of the inquiry relates to a subject of Commonwealth power.\n  (4) Subsection (3) does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.\n\n## Part 8—Miscellaneous\n\n#### 57 Protection from civil actions\n\n  (1) Civil proceedings may not be brought against a member, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission’s functions or powers.\n  (2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:\n    (a) made a statement or submission; or\n    (b) gave information or a document;\n  in good faith to the Commission in the course of the proper performance or exercise of the Commission’s functions or powers.\n\n#### 58 Charges for services\n\n  The Commission may, on behalf of the Commonwealth, charge fees in relation to services provided by it in the course of performing functions referred to in paragraphs 6(1)(f), (g) and (h).\n\n#### 59 Conduct by directors, employees or agents\n\n  (1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had that state of mind.\n  (2) If:\n    (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and\n    (b) that the employee or agent had that state of mind.\n  (4) If:\n    (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n  (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.\n  (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Constitution of Commission","content":"#### 23 Constitution of Commission\n\n  (1) The Commission consists of:\n    (a) a Chair; and\n    (b) not fewer than 4 nor more than 12 other Commissioners.\n  (2) The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of:\n    (a) a vacancy in the office of Chair; or\n    (b) the number of Commissioners falling below 5 for a period of not more than 3 months; or\n    (c) the lack of a Commissioner who meets the requirements of subsection 24(3), (4), (5) or (6) for a period of not more than 4 months.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Appointment of Commissioners","content":"#### 24 Appointment of Commissioners\n\n  (1) The Commissioners are to be appointed by the Governor‑General.\n  (2) A person must not be appointed as a Commissioner unless he or she has, in the opinion of the Governor‑General, qualifications and experience relevant to the Commission’s functions.\n  (3) At least one Commissioner must have extensive skills and experience in applying the principles of ecologically sustainable development and environmental conservation.\n  (4) At least one Commissioner must have extensive skills and experience in dealing with the social effects of economic adjustment and social welfare service delivery.\n  (5) At least one Commissioner must have extensive skills and experience acquired in working in Australian industry.\n  (6) At least one Commissioner must:\n    (a) have extensive skills and experience in dealing with policies and programs that have an impact on Indigenous persons; and\n    (b) have experience in dealing with one or more communities of Indigenous persons.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Appointment of Associate Commissioners","content":"#### 25 Appointment of Associate Commissioners\n\n  (1) The Minister may, after consulting with the Chair, appoint Associate Commissioners to the Commission.\n  (2) Despite subsection (1), the Minister must appoint an Associate Commissioner for the purposes of an inquiry on the matter mentioned in subsection 87(1) or (2) or 88(1) or (2) of the Water Act 2007.\n  (3) An Associate Commissioner appointed under subsection (2) must have extensive skills and experience in water resource management.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Terms and conditions of appointment of members","content":"#### 26 Terms and conditions of appointment of members\n\n  (1) The Chair must be appointed on a full‑time basis.\n  (2) The other members of the Commission may be appointed either on a full‑time or part‑time basis.\n  (6) A member is appointed for the term, not longer than 5 years, that is specified in the instrument of appointment, and is eligible for re‑appointment.\n  (7) A member’s appointment is subject to any terms and conditions set out in the instrument of appointment.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Outside employment","content":"#### 27 Outside employment\n\n  (1) A full‑time member must not engage in paid employment outside the duties of his or her office, except with the Minister’s consent.\n  (2) A part‑time member must not engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Remuneration and allowances","content":"#### 28 Remuneration and allowances\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n  (2) A member is to be paid the prescribed allowances.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Leave of absence for full‑time members","content":"#### 29 Leave of absence for full‑time members\n\n  (1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time member leave of absence (other than recreation leave) on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Minister may, by written instrument, delegate to the Chair the Minister’s powers under subsection (2) (other than powers in relation to the Chair).","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Leave of absence for part‑time members","content":"#### 30 Leave of absence for part‑time members\n\n  The Chair may grant leave to a part‑time member to be absent from a meeting or meetings of the Commission.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Deputy Chair","content":"#### 31 Deputy Chair\n\n  (1) The Minister may, in writing, appoint one of the full‑time Commissioners to be the Deputy Chair for such period as is specified in the instrument of appointment.\n  (2) The Deputy Chair must assist the Chair in the exercise of the powers and the performance of the duties of the Chair.\n  (3) The Deputy Chair holds office until:\n    (a) his or her term of office as Deputy Chair expires; or\n    (b) he or she ceases to be a Commissioner; or\n    (c) the Chair ends the appointment;\n  whichever first happens.\n  (4) A Commissioner may resign an appointment as Deputy Chair by giving the Chair a signed notice of resignation, but the resignation is not effective until it is accepted by the Chair.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Acting appointments","content":"#### 32 Acting appointments\n\n  (1) The Deputy Chair is to act as Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint another Commissioner to act as Chair if:\n    (a) there is a vacancy in the office of Chair and the office of Deputy Chair (whether or not an appointment has been made to either or both of those offices); or\n    (b) the Chair and Deputy Chair are absent from duty or from Australia or are, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person (including an Associate Commissioner) to act as a Commissioner (other than the Chair ):\n    (a) during a vacancy in the office of the Commissioner; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Resignation of member","content":"#### 33 Resignation of member\n\n  (1) A Commissioner may resign by giving the Governor‑General a signed notice of resignation.\n  (2) An Associate Commissioner may resign by giving the Minister a signed notice of resignation.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Retirement of member","content":"#### 34 Retirement of member\n\n  (1) The Governor‑General may retire a Commissioner on the ground of invalidity if the Commissioner consents.\n  (2) The Minister may retire an Associate Commissioner on the ground of invalidity if the Associate Commissioner consents.","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Termination of member","content":"#### 35 Termination of member\n\n  (1) The Governor‑General may terminate a Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate a Commissioner’s appointment:\n    (a) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Commissioner is a full‑time Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Commissioner is a full‑time Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Commissioner is a part‑time Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Commissioner’s duties.\n  (3) The Minister may terminate an Associate Commissioner’s appointment for misbehaviour or physical or mental incapacity.\n  (4) The Minister must terminate an Associate Commissioner’s appointment:\n    (a) if the Associate Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors or makes an assignment of remuneration to them; or\n    (b) if the Associate Commissioner is a full‑time Associate Commissioner and is absent from duty, without reasonable excuse, for 14 consecutive days or for 28 days in any 12 month period; or\n    (c) if the Associate Commissioner is absent, without reasonable excuse, from 3 consecutive meetings of the Commission; or\n    (d) if the Associate Commissioner fails, without reasonable excuse, to comply with his or her disclosure obligations under section 43; or\n    (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n    (e) if the Associate Commissioner is a full‑time Associate Commissioner who engages in paid employment outside the duties of his or her office without the Minister’s consent; or\n    (f) if the Associate Commissioner is a part‑time Associate Commissioner who engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Associate Commissioner’s duties.\n  (5) A member is not to be removed from office except as provided in this section.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Removal taken to be retirement on ground of invalidity","content":"#### 36 Removal taken to be retirement on ground of invalidity\n\n  (1) If a member:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was removed from office.\n  (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.\n  (3) If a member:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.\n  (5) If a member:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is removed from office under section 35 on the ground of physical or mental incapacity;\n  for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was removed from office.\n  (6) In spite of subsection (5), section 43 of the Superannuation Act 2005 applies in relation to the member.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Retirement on ground of invalidity under the Superannuation Acts","content":"#### 37 Retirement on ground of invalidity under the Superannuation Acts\n\n  (1) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n    (b) has not reached his or her maximum retiring age (within the meaning of that Act);\n  is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.\n  (2) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.\n  (3) In spite of anything contained in sections 34 and 35, a member who:\n    (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and\n    (b) is under 60 years of age;\n  is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Role of Chair","content":"#### 38 Role of Chair\n\n  The Chair is to manage the Commission and to ensure the efficient performance of the Commission’s functions.","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Meetings of Commission","content":"#### 39 Meetings of Commission\n\n  (1) The Chair is to convene such meetings of the Commission he or she thinks necessary for the efficient performance of the functions of the Commission.\n  (2) Meetings are to be held at such places as the Chair determines.\n  (3) The Chair must preside at all meetings.\n  (4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.\n  (5) At a meeting:\n    (a) the Chair and 3 other Commissioners form a quorum; and\n    (b) questions must be decided by a majority of votes of the Commissioners present and voting; and\n    (c) the Chair has a deliberative vote and, if necessary, also has a casting vote.\n  (6) The Chair may permit a person to participate in, or a Commissioner to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.\n  (7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the Commissioners.\n  (8) This section has effect subject to sections 40 and 41.","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Commission may sit in Divisions","content":"#### 40 Commission may sit in Divisions\n\n  (1) For the purposes of performing a function of the Commission, the Chair may, by written instrument, establish a Division of the Commission.\n  (2) The Division is to be constituted by the Chair and any other member or members specified in the instrument.\n  (3) A Division is taken to be the Commission for the purposes of performing the function specified in the instrument and exercising the powers of the Commission in relation to that function.\n  (4) Despite subsection 39(3), the Chair is not required to attend a meeting of a Division. If the Chair does not attend, he or she must nominate another member to preside.\n  (5) The Chair may at any time before the Commission has completed performing the function specified in the instrument, amend the instrument in any respect, and if the constitution of the Division is changed, the Division as constituted after the change may complete the function specified in the instrument.\n  (6) At a meeting of a Division constituted by 3 or more members, 2 members form a quorum.\n  (7) A Division of the Commission may exercise powers of the Commission under this Act even if another Division of the Commission is exercising powers of the Commission at the same time.","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Constitution of Division by one member in exceptional circumstances","content":"#### 41 Constitution of Division by one member in exceptional circumstances\n\n  (1) Despite section 40, a Division may be constituted by one member if:\n    (a) only one member of a Division is available to attend a hearing; and\n    (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control.\n  (2) If subsection (1) applies:\n    (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and\n    (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place.\n  (3) In this section:\n\n> hearing includes part of a hearing.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Delegation by Chair","content":"#### 42 Delegation by Chair\n\n  The Chair may, in writing, delegate all or any of the Chair’s powers and functions under this Act to a member.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 set out general rules governing delegation of powers and functions.","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Disclosure of interests","content":"#### 43 Disclosure of interests\n\n  (1) The Chair must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).\n  (3) If:\n    (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document;\n  the Chair must ensure that the interest is disclosed in the report or document.\n  (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following:\n    (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly;\n    (b) if paragraph (a) does not apply, the Chair must ensure that:\n    (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and\n    (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document.","sortOrder":53},{"sectionNumber":"Part 6","sectionType":"part","heading":"Staff and consultants","content":"## Part 6—Staff and consultants","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Staff","content":"#### 44 Staff\n\n  (1) Subject to section 45, the staff of the Commission are to be engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and\n    (b) the Chair is the Head of that Statutory Agency.","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Consultants","content":"#### 45 Consultants\n\n  (1) The Chair may, on behalf of the Commonwealth, engage as consultants to the Commission persons who have suitable qualifications and experience.\n  (2) In selecting consultants and in its annual reporting on the engagement of consultants, the Commission must follow the Commonwealth’s best practice standards.\n  (3) The Chair must ensure that the Commonwealth’s best practice standards are used in selecting consultants and in public reporting on their engagement.\n  (4) If the estimated value of a consultancy exceeds the amount prescribed by the regulations, the Chair must ensure that an open, competitive tendering process is used in selecting the consultant or consultants.\n  (5) A consultant may be engaged either under a contract for services or a contract of service.\n  (6) Subject to any commitments under any award or employment agreement, the Chair may determine the terms and conditions on which a consultant is engaged.","sortOrder":56},{"sectionNumber":"Part 7","sectionType":"part","heading":"Offences etc.","content":"## Part 7—Offences etc.","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Hindering or disrupting Commission","content":"#### 46 Hindering or disrupting Commission\n\n  A person must not:\n    (a) obstruct or hinder a member of the Commission in the performance of the Commission’s functions; or\n    (b) disrupt a hearing before the Commission.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Intimidation etc.","content":"#### 47 Intimidation etc.\n\n  A person must not:\n    (a) threaten, intimidate or coerce another person; or\n    (b) cause or procure damage, loss or disadvantage to another person;\n  because that other person:\n    (c) proposes to give, or has given, information or documents to the Commission; or\n    (d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or\n    (e) proposes to assist, or has assisted, the Commission in the performance of its functions in any other way.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":59},{"sectionNumber":"48","sectionType":"section","heading":"Notice to person to provide information and documents","content":"#### 48 Notice to person to provide information and documents\n\n  (1) If the Commission:\n    (a) is:\n    (i) required to hold hearings for the purposes of an inquiry; or\n    (ii) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4; and\n    (b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;\n  the Chair may, by written notice served on the person, require the person to send to the Commission:\n    (c) a statement signed by the person, setting out the specified information; and\n    (d) specified documents.\n  (2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Commission. The period must be a period of at least 14 days commencing on the day the notice is served.\n  (3) A person must not intentionally fail to send to the Commission the statement or documents that the person is required to send under subsection (1).\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":60},{"sectionNumber":"49","sectionType":"section","heading":"Summons to person to attend hearing","content":"#### 49 Summons to person to attend hearing\n\n  (1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.\n  (2) A person served with a summons to appear at a hearing must not intentionally:\n    (a) fail to attend as required by the summons; or\n    (b) fail to attend from day to day.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (3) Paragraph (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code)","sortOrder":61},{"sectionNumber":"50","sectionType":"section","heading":"Refusal to answer questions or produce documents","content":"#### 50 Refusal to answer questions or produce documents\n\n  A person appearing as a witness at a hearing must not refuse or fail:\n    (a) to answer a question as required by the Chair; or\n    (b) to produce a document as required by a summons served on the person under section 49.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":62},{"sectionNumber":"51","sectionType":"section","heading":"Preservation of the privilege against self‑incrimination","content":"#### 51 Preservation of the privilege against self‑incrimination\n\n  (1) Subject to subsection (2), a person who would, apart from this subsection, be required to:\n    (a) send a statement or document to the Commission under section 48; or\n    (b) answer a question or produce a document under section 50;\n  need not comply with that requirement if so complying would:\n    (c) tend to incriminate the person; or\n    (d) result in further attempts to obtain evidence that would tend to incriminate the person.\n  (2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"False or misleading evidence or information","content":"#### 52 False or misleading evidence or information\n\n  If the Commission is:\n    (a) required to hold hearings for the purposes of an inquiry; or\n    (b) holding an inquiry under section 11 in relation to a competitive neutrality complaint made under Division 2 of Part 4;\n  a person must not, in relation to the inquiry:\n    (c) give information to the Commission, whether orally or in writing, that the person knows to be false or misleading in a material particular; or\n    (d) give evidence at a hearing before the Commission that the person knows to be false or misleading in a material particular; or\n    (e) send to the Commission, under section 48, a statement or document containing material that the person knows to be false or misleading in a material particular.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Restrictions on publication of evidence","content":"#### 53 Restrictions on publication of evidence\n\n  (1) If the Commission directs that a hearing, or part of it, take place in private, the Commission may give directions prohibiting or restricting the publication of:\n    (a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or\n    (b) matters contained in documents given to the Commission in connection with the hearing.\n\n> Note: Section 15 sets out the circumstances in which the Commission may direct that a hearing, or part of it, be held be private.\n\n  (2) A person must not contravene a direction given under this section.\n\nPenalty: Imprisonment for 6 months.\n\n> Note 1: This penalty is a maximum penalty (section 4D, Crimes Act 1914). A court may impose an appropriate fine instead of or as well as imprisonment (subsection 4B(2), Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection 4B(3), Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914.\n\n> Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Documents produced in relation to inquiry","content":"#### 54 Documents produced in relation to inquiry\n\n  If documents are produced or given to the Commission under this Part, the Commission:\n    (a) may take possession of, and make copies of, or take extracts from, the documents; and\n    (b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and\n    (c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Commission.","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Allowances to witnesses","content":"#### 55 Allowances to witnesses\n\n  A person who attends a hearing of the Commission under a summons served under section 49 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed.","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Limitation of powers under this Part","content":"#### 56 Limitation of powers under this Part\n\n  (1) The powers under sections 48 and 49, paragraph 50(a) and sections 53 and 54 may be exercised only as provided in this section.\n  (2) The powers may be exercised in relation to:\n    (a) a person holding, or performing the duties of, an office or appointment under a law of the Commonwealth or of a Territory; or\n    (b) a Commonwealth authority.\n  (3) The powers may also be exercised in relation to any person for the purposes of an inquiry to the extent that the subject matter of the inquiry relates to a subject of Commonwealth power.\n  (4) Subsection (3) does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.","sortOrder":68},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"## Part 8—Miscellaneous","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Protection from civil actions","content":"#### 57 Protection from civil actions\n\n  (1) Civil proceedings may not be brought against a member, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Commission’s functions or powers.\n  (2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:\n    (a) made a statement or submission; or\n    (b) gave information or a document;\n  in good faith to the Commission in the course of the proper performance or exercise of the Commission’s functions or powers.","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Charges for services","content":"#### 58 Charges for services\n\n  The Commission may, on behalf of the Commonwealth, charge fees in relation to services provided by it in the course of performing functions referred to in paragraphs 6(1)(f), (g) and (h).","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Conduct by directors, employees or agents","content":"#### 59 Conduct by directors, employees or agents\n\n  (1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had that state of mind.\n  (2) If:\n    (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and\n    (b) that the employee or agent had that state of mind.\n  (4) If:\n    (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n  (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.\n  (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Regulations","content":"#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":73}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This version retains the original core remit of the Productivity Commission: hold inquiries, advise the Minister, undertake research and handle competitive‑neutrality complaints (s.6, s.21). Changes visible in the text are predominantly updates and cross‑references to later Commonwealth statutes (for example, finance law under the Public Governance, Performance and Accountability Act 2013 at s.5(2); staff arrangements under the Public Service Act 1999 at s.44; and specific Water Act linkage at s.25). Those updates align the Act with later administrative frameworks but do not materially expand the Commission’s statutory scope or introduce new substantive functions beyond the Act’s original purpose."},"complexity_factors":["Lengthy Act with multiple Parts and Divisions (10 Parts; numerous repeated cross‑listed clauses)","13 defined terms in the interpretation section that are used across the Act (s.3)","Multiple cross‑references to external statutes and instruments (Public Governance, Performance and Accountability Act 2013 s.5(2); Public Service Act 1999 s.44; Water Act 2007 obligations s.25; Superannuation Acts in ss.36–37)","Ministerial discretion to shape references and publication (s.11, s.17–18) creating conditional logic","Nested procedural rules for inquiries: public/default private exceptions, evidence publication exceptions, and publication with deletions (s.15–16, s.18)","Compulsory powers with statutory limits and exceptions (s.48–56) — conditional scope based on Commonwealth power and office‑holder status","Multiple accountability and appointment rules with eligibility and termination conditions (ss.23–37) including interaction with superannuation law","Specific technical requirement for modelling in reports (s.8(3)) creating implementation complexity","Several overlapping offence and penalty provisions with consistent maximum penalties but differing application contexts (ss.46–53)","Delegation, Divisions and the possibility of single‑member Divisions in exceptional circumstances (ss.40–42, s.41) add operational complexity"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes the Productivity Commission (\"the Commission\") as a Commonwealth body and sets out its purpose, powers and procedures (s.5–7).  The Commission is a listed entity for finance purposes and the Chair is its accountable authority (s.5(2)).\n\n- Gives the Commission defined functions: hold inquiries and report to the Minister; provide research, secretariat and advisory services to government bodies; investigate competitive‑neutrality complaints about Commonwealth government business activities; undertake its own research; and promote public understanding of industry and productivity issues (s.6).\n\n- Lets the Minister refer topics to the Commission for inquiry and require particular processes for an inquiry (for example, hearings, draft report publication, time limits, or recommendations). The Minister may withdraw or amend a reference before the Commission hands in its report (s.11).\n\n- Prescribes how inquiries are to be run: public notice of inquiries and hearings (s.13–14), public hearings as the default with narrow exceptions for private sessions (s.15), and public availability of written evidence unless the provider objects and the Commission is satisfied it would have been private evidence (s.16).\n\n- Enables the Commission to give advice to the Minister on request, and allows the Minister to publish that advice (possibly with deletions if the Minister considers publication contrary to the public interest) (s.17–18).\n\n- Allows the Commission to provide research for non‑government bodies if the Minister consents and to provide secretariat/research services to government bodies when directed by the Minister (s.19–20).\n\n- Creates a complaints mechanism for competitive neutrality: any person may complain in writing that a Commonwealth government business or activity is not being run on competitive‑neutral terms, or should be required to be (s.21). The Commission has discretion not to investigate frivolous or unwarranted complaints (s.22).\n\n- Sets out the Commission’s internal governance: number and appointment of Commissioners and Associate Commissioners (including minimum expertise requirements), terms, remuneration rules, resignation and termination grounds, role of the Chair, meeting rules and the ability to form Divisions to perform functions (s.23–43, s.40–41).\n\n- Gives the Chair coercive procedural powers when inquiries involve Commonwealth affairs: serve notices to produce documents or statements (14+ days), issue summonses to attend hearings and require answers/production of documents; penalties apply for non‑compliance or giving false evidence (s.48–52). Those compulsory powers are limited to Commonwealth officers/authorities or inquiries within Commonwealth power and cannot be used to impair a State’s constitutional powers (s.56).\n\n- Provides protections and administrative details: staff employment under the Public Service Act (s.44), rules for engaging consultants (s.45), immunity from civil proceedings for members acting in good faith (s.57), ability to charge fees for some services (s.58) and regulation‑making powers (s.60).\n\nWho is affected\n\n- Commonwealth entities and Commonwealth Government businesses (subject to the Commission’s inquiries and compulsory powers where the subject matter is within Commonwealth power) (s.6, s.56).\n- Ministers (who decide what matters are referred and may set conditions on inquiries or advice) (s.11, s.17–19).\n- Industries, businesses and users of services that are subjects of inquiries or competitive‑neutrality complaints; competitors of Commonwealth businesses gain a formal avenue to complain (s.21).\n- Witnesses and organisations required to give evidence or produce documents: they face statutory obligations (and penalties for non‑compliance) when proceedings fall within the Commission’s compulsory jurisdiction (s.48–52, s.56).\n- The Commission’s staff, consultants and Commissioners (employment, tendering and disclosure rules) (s.44–45, s.43).\n\nWhy this matters (purpose claims and practical trade‑offs)\n\n- Official stated purpose: to improve Australia’s productivity and industry performance and to advise government on industry, industry development and productivity (s.6; s.8 lists policy guidelines such as improving overall economic performance, reducing regulation where consistent with social/economic goals, encouraging efficient and competitive Australian industries, facilitating structural adjustment, ecological sustainability and meeting international obligations).\n\n- How the design implements that purpose: the Commission produces independent inquiries and advice; it can be directed by the Minister on scope and timing but must publish reports and provide options and viewpoints (s.11, s.12, s.8(3)). The Act requires robust modelling practices for reports that rely on formal economic models (use of two models or an independent reference panel) (s.8(3)).\n\n- Costs, incentives and trade‑offs:\n  - Resource cost: inquiries and modelling are resource‑intensive (explicitly required where modelling is used (s.8(3))). That consumes public funds and staff/consultant time (s.5(2), s.45). The Commission can charge fees for some services (s.58), but core inquiry work is a public cost.\n  - Ministerial control vs independence: the Minister decides what is referred and may specify method, timing and publication conditions (s.11). That gives the Minister levers to shape the Commission’s workload and agenda — a trade‑off between political accountability and analytical independence.\n  - Compliance burden on government entities: where inquiries touch Commonwealth matters, the Commission has compulsory powers to obtain documents and attendance (s.48–50), creating administrative and legal compliance costs for those entities. These powers are limited to Commonwealth matters and not to actions that would unduly impair State powers (s.56).\n  - Effects on competition and private enterprise: the competitive‑neutrality complaints mechanism (s.21) empowers private competitors, users and industry groups to challenge perceived unfair advantages enjoyed by Commonwealth businesses; that may induce behavioural change by government businesses (pricing, cost allocations, dividends) but also invites contestation and compliance activity.\n  - Information and reputational effects: public inquiries and reports can change market expectations and regulatory settings. Publication (or the Minister’s deletions) affects public information (s.12, s.18).\n\n- Implementation risks and incentives:\n  - Modelling and expert quality: the statutory requirement for either multiple models or external critique (s.8(3)) raises the standard of advice but increases cost and time; it also creates incentives to invest in robust analysis.\n  - Capture and concentrated benefits: regulated industries or government businesses that are the subjects of inquiries or complaints may seek to influence outcomes. The Act requires public consultation and a variety of viewpoints in reports (s.8(3), s.9), which mitigates but does not eliminate capture risk.\n  - Bureaucratic discretion and operational flexibility: the Chair has substantial operational powers (manage Commission, form Divisions, delegate functions) (s.38–42). That centralisation supports efficient case management but concentrates decision authority.\n\n- Legal safeguards and limits:\n  - Self‑incrimination protection: witnesses may refuse to comply if compliance would tend to incriminate them (s.51), unless they have waived that right.\n  - Limits on compulsory powers: compulsory powers only apply to Commonwealth officers/authorities or to matters within Commonwealth legislative power, and must not impair States' constitutional functions (s.56).\n  - Disclosure and conflict rules: Chair must disclose pecuniary interests to the Minister and ensure affected interests are disclosed in reports (s.43).\n\nWho pays, who decides, what behaviour changes (plain statements)\n\n- Who pays: the Commission is funded by the Commonwealth; it may charge fees for some services (s.58); consultants and staff costs are public expenses (s.45, s.44). Subjects of inquiries may face internal compliance costs when responding to notices and summonses (s.48–50).\n- Who decides: the Minister decides what matters to refer, may set conditions for inquiries and may publish or redact Commission advice (s.11, s.17–19). The Chair runs the Commission and controls internal organisation and procedure (s.38–42). The Governor‑General appoints Commissioners on Ministerial/Executive advice (s.24).\n- Behaviour changes expected: Commonwealth business activities may adjust to avoid adverse findings in competitive‑neutrality complaints; departments will allocate staff/time to respond to inquiries; external parties (businesses, users, interest groups) may use the Commission’s processes to influence policy or to challenge government businesses (s.21, s.13–16).\n\nQuick map to important sections\n\n- Establishment and functions: s.5–8\n- Ministerial referrals and reporting: s.11–12\n- Inquiry procedures and public access: s.13–16\n- Competitive neutrality complaints: s.21–22\n- Compulsory powers, summonses and limits: s.48–56\n- Governance, appointments and conflicts: s.23–43\n- Staff and consultants: s.44–45\n- Protections and fees: s.57–58\n\n(References in parentheses are to sections of the Productivity Commission Act 1998.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"6(1)(c)","severity":"high","reasoning":"Section 2 provides that the Act commences after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998, which itself commenced in 1998. A body created by a 1998 Act cannot have had a statutory function since 1 July 1997. While the function may have been inherited from a predecessor body, the Act on its face imposes an impossible retroactive operational date on a newly established Commission.","confidence":0.82,"description":"The Act commenced in 1998 but grants the Commission a function operative 'on and after 1 July 1997' — over a year before the Act existed. The Commission is required to receive and investigate complaints from a date that predates its own legal existence."},{"type":"self_contradicting","section":"39(3) and 39(5)(a)","severity":"medium","reasoning":"Section 39(3) is absolute — the Chair 'must preside at all meetings.' Section 39(8) subjects this to ss.40 and 41, which resolves the Division scenario, but the quorum requirement in s.39(5)(a) (Chair + 3 others) means a meeting of the full Commission literally cannot achieve quorum without the Chair, making the Chair's attendance de facto mandatory while s.40(4) contemplates Chair absence. The savings provision in s.39(8) partially but not fully resolves this tension.","confidence":0.75,"description":"Section 39(3) requires the Chair to preside at ALL meetings, but s.39(5)(a) requires the Chair AND 3 other Commissioners to form a quorum. If the Chair must always preside and is always counted in the quorum, there is no scenario in which a meeting can occur without the Chair — yet s.40(4) explicitly allows the Chair to not attend a Division meeting. These provisions are internally inconsistent about whether Chair attendance is mandatory."},{"type":"other","section":"35(4)(da)","severity":"medium","reasoning":"Every other paragraph in s.35(4) consistently uses 'the Associate Commissioner.' Subsection (da) abruptly reverts to 'the Commissioner,' which is a different defined term under s.3. A strict textual reading means the mandatory termination trigger in s.35(4)(da) refers to a Commissioner's PGPA non-compliance as a ground to terminate an Associate Commissioner — a logical and drafting absurdity.","confidence":0.92,"description":"Section 35(4)(da) refers to 'the Commissioner' failing to comply with PGPA Act s.29 disclosure obligations, but the entire subsection 35(4) governs Associate Commissioners. The drafter has used the wrong defined term — it should read 'the Associate Commissioner.' This creates an absurdity where the mandatory termination ground for Associate Commissioners textually applies to Commissioners instead."},{"type":"self_contradicting","section":"8(1)(b) and 8(1)(c)","severity":"low","reasoning":"While policy tension between deregulation and industry development goals is common in legislation and Courts give considerable latitude, the Act imposes both as mandatory 'must have regard to' obligations without any hierarchy or tiebreaker. In practice, a Commission recommendation that boosts industry competitiveness through new regulation would simultaneously comply with s.8(1)(c) and breach s.8(1)(b). The lack of any prioritisation mechanism is a structural flaw.","confidence":0.65,"description":"The Commission is simultaneously directed to 'reduce regulation of industry' (s.8(1)(b)) and to 'encourage the development and growth of Australian industries that are efficient... and internationally competitive' (s.8(1)(c)). These goals can directly conflict: developing internationally competitive industries often requires regulatory frameworks (e.g., intellectual property, standards, trade remedies), yet the Commission must pursue deregulation as a concurrent obligation."},{"type":"other","section":"45(2) and 45(3)","severity":"low","reasoning":"S.45(2) places the obligation on 'the Commission' while s.45(3) places an identical obligation on 'the Chair.' If the Chair fails to comply, it is unclear whether the Commission (as a body) has separately failed. The duplication is not merely stylistic — it creates two potential points of legal liability for the same conduct without specifying which prevails or how they interact.","confidence":0.7,"description":"Subsections 45(2) and 45(3) are substantively duplicative, imposing the same 'best practice standards' obligation on consultant selection and annual reporting twice — once on 'the Commission' and once on 'the Chair.' Given that under s.44(2) the Chair heads the Statutory Agency, and under s.5(2)(b) the Chair is the accountable authority, this creates redundant and potentially conflicting duty-holders for the same obligation."},{"type":"circular_definition","section":"3 (definition of 'government body')","severity":"medium","reasoning":"The word 'includes' signals the definition is not exhaustive, but the two inclusions both presuppose an antecedent understanding of 'government body' (paragraph (a) requires knowing which bodies qualify as 'government bodies' to determine if a body is composed of their representatives; paragraph (b) relies on 'international government body' which itself presumably requires knowing what a government body is). There is no base definition from which to bootstrap meaning.","confidence":0.78,"description":"The definition of 'government body' is partially circular. It states that 'government body includes (a) a body consisting of representatives of 2 or more government bodies.' This uses the term being defined ('government body') within the definition itself without first establishing a base case definition, creating a logical loop where the term's meaning cannot be determined without already knowing what it means."},{"type":"impossible_compliance","section":"41(1)","severity":"medium","reasoning":"The Chair is required under s.40(4) to nominate a presiding member if not attending, but s.41 contemplates a scenario where members (which could include the Chair) are unavailable due to circumstances beyond their control. If the Chair is incapacitated, the Chair cannot make a nomination, yet the section does not provide an alternative mechanism. The single available member is 'taken to have been nominated' under s.41(2)(b) but by legal fiction rather than actual nomination — the fiction patches the gap but the underlying impossible compliance requirement remains.","confidence":0.68,"description":"Section 41 permits a Division to be constituted by a single member in exceptional circumstances, but s.40(2) provides that a Division must be constituted by 'the Chair and any other member or members.' If the Chair is one of the unavailable members under s.41(1), the sole available member conducting the hearing would not be the Chair, yet s.40(4) requires the Chair to nominate a presiding member if absent. Section 41 does not address how the Chair nominates someone when the Chair is themselves unavailable due to 'accident, illness, injury or other reason beyond their control.'"},{"type":"impossible_compliance","section":"8(3)","severity":"low","reasoning":"Mandating that every report present 'alternative means of addressing the issues' presupposes there are always alternatives worth presenting. In cases where evidence overwhelmingly supports a single course of action, the Commission is legally required to artificially construct or present contrary viewpoints, potentially undermining the quality and credibility of its own expert analysis.","confidence":0.6,"description":"Section 8(3) requires the Commission in 'all reports on matters referred to it' to provide a variety of viewpoints AND (where mathematical modelling is used) to use at least 2 models or appoint an independent panel. The obligation to use 2 economic models applies only 'if practicable.' However, the Commission has no ability to avoid the obligation to provide a 'variety of viewpoints' even where a matter has a clear, unambiguous answer. Requiring manufactured diversity of viewpoints in all cases regardless of the evidence is logically absurd."}],"contradictions":[{"severity":"medium","section_a":"39(3)","section_b":"40(4)","confidence":0.82,"description":"Section 39(3) mandates that 'the Chair must preside at all meetings,' but s.40(4) explicitly provides that 'the Chair is not required to attend a meeting of a Division.' Since a Division meeting is a meeting of the Commission (s.40(3) deems a Division to be the Commission), the Chair's mandatory presiding obligation under s.39(3) directly contradicts the Chair's optional attendance under s.40(4). Section 39(8) attempts to resolve this by subjecting s.39 to s.40, but this creates an implicit repeal by reference rather than a coherent reconciliation."},{"severity":"medium","section_a":"35(5)","section_b":"34(1) and 34(2)","confidence":0.72,"description":"Section 35(5) states that 'a member is not to be removed from office except as provided in this section,' but s.34 provides for retirement of members on the ground of invalidity as a separate mechanism distinct from termination. Section 37 further complicates this by imposing preconditions on retirement. If 'removed from office' in s.35(5) is read broadly to encompass all modes of leaving office (including retirement under s.34), then s.34 is invalid. If read narrowly, the sections coexist but the boundary between 'retirement' and 'removal' for incapacity grounds is unclear given that s.35(1) also permits termination for 'physical or mental incapacity.'"},{"severity":"low","section_a":"15(1)","section_b":"16(c) and 16(d)","confidence":0.65,"description":"Section 15(1) requires hearings to be held in public by default. Section 16 requires written evidence given to an inquiry to be made public, but exempts material that the person objects to being made public AND that the Commission is satisfied would have been taken in private if given orally. This creates a situation where evidence given in a public hearing (which s.15 mandates as the default) can still be withheld from public availability under s.16's combined conditions — undermining the principle of public access to public hearings."},{"severity":"medium","section_a":"11(3)","section_b":"11(2)","confidence":0.7,"description":"Section 11(2) requires the Commission to make a written report 'unless the Minister withdraws the reference.' Section 11(3) allows the Minister to withdraw the reference 'at any time before the Minister has received the report.' Read together, these provisions mean the Minister can withdraw the reference at any time — including after the Commission has completed its work but before formal submission — to avoid receiving a report. This creates a structural mechanism by which the Minister can nullify completed Commission work with no time limit or constraint, which contradicts the purpose of an independent inquiry body."},{"severity":"low","section_a":"39(5)(a)","section_b":"23(2)(b)","confidence":0.58,"description":"Section 39(5)(a) requires 'the Chair and 3 other Commissioners' to form a quorum — a minimum of 4 persons including the Chair. Section 23(2)(b) provides that the Commission's functions are not affected merely because the number of Commissioners falls below 5 for up to 3 months. If there are only 4 Commissioners total (Chair + 3), the quorum requirement can still technically be met, but if the number falls to 4 (Chair + 3 others being the minimum under s.23(1)(b) of 'not fewer than 4 other Commissioners' — wait, s.23(1)(b) says 'not fewer than 4 nor more than 12 other Commissioners'), then at minimum strength with 4 Commissioners plus Chair the quorum works; however s.23(2)(b) allows the number to fall below 5 (meaning below Chair + 4 others, so potentially Chair + 3 others), at which point the quorum of Chair + 3 is only barely achievable with zero margin for absence, making functional operation near-impossible."},{"severity":"medium","section_a":"51(1)","section_b":"50","confidence":0.67,"description":"Section 50 makes it an offence for a witness to refuse to answer questions or produce documents. Section 51(1) preserves the privilege against self-incrimination, allowing a person to refuse to comply if doing so would tend to incriminate them. However, s.51(1)(d) extends the privilege to situations where compliance would 'result in further attempts to obtain evidence that would tend to incriminate the person.' This extension goes beyond the traditional common law privilege and could theoretically allow a witness to refuse any question on the speculative basis that answers might prompt further investigation — potentially rendering s.50 unenforceable in a wide range of circumstances."},{"severity":"medium","section_a":"4(2)","section_b":"4(3)","confidence":0.73,"description":"Section 4(2) protects the Crown from prosecution for offences against the Act. Section 4(3) removes that protection for Commonwealth authorities. The definition of 'Commonwealth authority' in s.3 includes bodies established for a public purpose by Commonwealth law — which would include the Productivity Commission itself. This creates the absurdity that the Productivity Commission (a Commonwealth authority) could theoretically be prosecuted for offences under its own enabling Act, including for obstructing itself (s.46) or giving false information to itself (s.52)."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded beyond its original 1998 mandate. The original Act consolidated predecessor bodies (Industry Commission, Economic Planning Advisory Commission, Bureau of Industry Economics) into a single productivity-focused advisory body. Over time, additional functions were grafted on: a mandatory Associate Commissioner role for Water Act 2007 inquiries was added, linking the Commission to water resource management — a distinct policy area. The requirement for a Commissioner with Indigenous affairs expertise (s.24(6)) also broadened the Commission's expected competency base beyond pure economic analysis. The integration with the Public Governance, Performance and Accountability Act 2013 replaced earlier financial accountability frameworks, updating but also expanding governance obligations."},"complexity_factors":["Multiple interlocking Parts covering distinct areas of law (establishment, functions, inquiry procedures, governance, offences)","Cross-references to numerous other Acts (Public Governance Performance and Accountability Act 2013, Public Service Act 1999, Water Act 2007, multiple Superannuation Acts, Crimes Act 1914, Acts Interpretation Act 1901, Remuneration Tribunal Act 1973)","Detailed superannuation entitlement provisions for members covering three separate superannuation schemes with different rules","Constitutional law dimension — powers limited to 'subjects of Commonwealth power' and must not impair State constitutional powers","Nuanced distinction between Commissioners and Associate Commissioners with different appointment, resignation, retirement and termination rules","Division structure allowing the Commission to run multiple simultaneous inquiries with different quorum rules","Corporate criminal liability provisions with reverse onus elements (body corporate must prove due diligence to avoid liability)","Competitive neutrality framework referencing external policy documents (Competition Principles Agreement 1995, Competitive Neutrality Statement 1996) not reproduced in the Act","Duplicate content in the provided text inflates apparent complexity but reflects real structural layering","Self-incrimination privilege carve-out creating tension between compulsory evidence powers and individual rights"],"plain_english_summary":"The Act creates an independent Productivity Commission — a federal economic research and advisory body that investigates productivity, regulation and industry issues, runs public inquiries, and provides advice to government. Its reports must be tabled in Parliament and can shape major policy affecting prices, wages, services and competition.\n\nIt affects businesses, consumers, government agencies and participants in inquiries (who can be summoned and criminally penalised for lying or non‑compliance), includes whistleblower protections, and requires Indigenous representation among Commissioners."},"kimi_summary":{"_metrics":{"completionTokens":626},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing an independent productivity advisory body. The competitive neutrality function (added 1997) and Water Act 2007 cross-reference for Associate Commissioners represent modest expansions within the original framework rather than scope creep."},"complexity_factors":["Multiple overlapping appointment and termination regimes for Commissioners vs Associate Commissioners (ss 24–37)","Superannuation cross-references to three different Acts (1976, 1990, 2005) with conditional invalidity retirement rules","Divisional structure allowing the Commission to sit in separate panels with modified quorum rules (ss 40–41)","Conditional powers: coercive information-gathering powers limited by Commonwealth power constraints and protection of State constitutional capacities (s 56)","Nested confidentiality provisions: public hearing defaults with private hearing exceptions, plus publication restrictions (ss 15, 16, 53)","Dual disclosure regimes: Chair's specific pecuniary interest disclosure (s 43) layered over PGPA Act general duties","Competitive neutrality complaint mechanism with external document incorporation (1995 Agreement, 1996 Statement)","Acting appointment cascade rules for Chair, Deputy Chair, and Commissioners (s 32)"],"plain_english_summary":"This Act establishes the **Productivity Commission**, an independent Australian Government body that advises on economic policy, industry development, and productivity.\n\n**What the Commission does:**\n- **Holds inquiries** into matters referred by the Minister about industry, productivity, and economic performance, then reports back with findings and recommendations\n- **Provides advice** to the Minister when requested, and can also undertake its own research\n- **Investigates complaints** about \"competitive neutrality\" — whether government businesses get unfair advantages over private competitors\n- **Offers secretariat and research services** to other government bodies\n- **Promotes public understanding** of productivity and industry issues\n\n**How it operates:**\n- Led by a **Chair** and **4–12 Commissioners**, with specific expertise required in areas like environmental sustainability, social welfare, Indigenous affairs, and industry experience\n- Can hold **public hearings** (though some may be private for confidential matters)\n- Has power to **summon witnesses**, **require documents**, and **compel evidence** — with penalties for non-compliance, false evidence, or intimidating witnesses\n- Reports must be **tabled in Parliament** within 25 sitting days\n\n**Key policy goals it must consider:**\n- Improving economic performance and living standards\n- Reducing unnecessary regulation\n- Encouraging efficient, innovative, internationally competitive industries\n- Managing structural economic change\n- Promoting regional development and employment\n- Ensuring ecological sustainability\n\n**Who it affects:**\n- Government agencies (Commonwealth, State, Territory) that may be subject to inquiries\n- Businesses and industries seeking policy advice or complaining about unfair competition from government entities\n- The public, through published reports and recommendations that shape economic policy"}},"importantCases":[],"_links":{"self":"/api/acts/productivity-commission-act-1998","history":"/api/acts/productivity-commission-act-1998/history","analysis":"/api/acts/productivity-commission-act-1998/analysis","conflicts":"/api/acts/productivity-commission-act-1998/conflicts","importantCases":"/api/acts/productivity-commission-act-1998/important-cases","documents":"/api/acts/productivity-commission-act-1998/documents"}}