{"id":"C2004A05327","name":"Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998","slug":"productivity-commission-repeals-transitional-and-consequential-amendments-act-1998","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"15 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7814,"registerId":"commonwealth-C2004A05327-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1996\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\nProductivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998\n\n \n\nNo. 15, 1998\n\n \n\n \n\n \n\n \n\n \n\n![](image.002.png)\n\n \n\n \n\n \n\n \n\nProductivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998\n\n \n\nNo. 15, 1998\n\n \n\n \n\n \n\n \n\nAn Act to repeal the Economic Planning Advisory Commission Act 1983 and the Industry Commission Act 1989, to deal with transitional and consequential matters arising from the repeals and from the enactment of the Productivity Commission Act 1998\n\n \n\nContents\n\n1 Short title..................................1\n\n2 Commencement..............................2\n\n3 Schedule(s).................................2\n\nSchedule 1—Repeal of Acts 3\n\nEconomic Planning Advisory Commission Act 1983 3\n\nIndustry Commission Act 1989 3\n\nSchedule 2—Transitional provisions and consequential amendments 4\n\nPart 1—Transitional provisions relating to the Economic Planning Advisory Commission Act 1983 and the Industry Commission Act 1989              4\n\nPart 2—Consequential amendments of other Acts 7\n\nBiological Control Act 1984 7\n\nBounty (Computers) Act 1984 7\n\nBounty (Machine Tools and Robots) Act 1985 7\n\nDevelopment Allowance Authority Act 1992 7\n\n \n\n![](image.002.png)\n\nProductivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998\n\nNo. 15, 1998\n\n \n\n \n\n \n\nAn Act to repeal the Economic Planning Advisory Commission Act 1983 and the Industry Commission Act 1989, to deal with transitional and consequential matters arising from the repeals and from the enactment of the Productivity Commission Act 1998\n\n[Assented to 16 April 1998]\n\nThe Parliament of Australia enacts:\n\n##### 1  Short title\n\n  This Act may be cited as the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.\n\n##### 2  Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n##### 3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n\n\n\n###### Schedule 1—Repeal of Acts\n\nEconomic Planning Advisory Commission Act 1983\n\n1  The whole of the Act\n\nRepeal the Act.\n\nIndustry Commission Act 1989\n\n2  The whole of the Act\n\nRepeal the Act.\n\n\n\n\n###### Schedule 2—Transitional provisions and consequential amendments\n\nPart 1—Transitional provisions relating to the Economic Planning Advisory Commission Act 1983 and the Industry Commission Act 1989\n\n1  Definitions\n\nIn this Schedule, unless the contrary intention appears:\n\ncommencement day means the day on which this Act commences.\n\nEPAC means the Economic Planning Advisory Commission.\n\nEPAC Act means the Economic Planning Advisory Commission Act 1983.\n\nIC means the Industry Commission.\n\nIC Act means the Industry Commission Act 1989.\n\nPC means the Productivity Commission.\n\nPC Act means the Productivity Commission Act 1998.\n\n2  Inquiries by IC\n\n(1) If the IC had begun but not completed an inquiry or report under the IC Act before commencement day, the PC may complete the inquiry or report as if it had been begun under the PC Act.\n\n(2) If the IC had not completed its hearings in relation to an inquiry under the IC Act before commencement day, the PC is taken to be required to hold hearings under the PC Act for the purposes of the inquiry.\n\n(3) If the IC had completed an inquiry under the IC Act but had not begun a report on the inquiry before commencement day, the PC may make the report as if the inquiry had been held under the PC Act.\n\n3  Staff\n\nA person who, immediately before commencement day, was a member of the staff of EPAC or the IC is taken, from commencement day, to be a member of the staff of the PC.\n\n4  Contracts\n\n(1) In any contract, agreement or arrangement, or in any other instrument, a reference to EPAC or the IC is taken to be a reference to the PC.\n\n(2) Subitem (1) does not apply in relation to matters that occurred before commencement day.\n\n5  Appropriations\n\n(1) Money that has been appropriated under an Act for the purposes of EPAC or the IC is taken to have been appropriated for the purposes of the PC.\n\n(2) Subitem (1) does not apply to money that has been spent before commencement day.\n\n6  Annual report\n\n The first annual report of the PC under section 10 of the PC Act must include a report on the operations of EPAC and the IC during the financial year to which the report relates.\n\n7  Protection of witnesses\n\n A person who gave evidence, made a statement or produced a document at a hearing before the IC, is entitled to the same protection as if the person had done so at a hearing before the PC.\n\n8  Records\n\n(1) On commencement day records of the IC become records of the PC and any information or documents that were treated as confidential by the IC must be treated as confidential by the PC until the PC determines, with the consent of the person who supplied the information or documents, that the circumstances that originally required their confidentiality no longer apply.\n\n(2) If a direction given by the IC under paragraph 17(2)(b) of the IC Act was in effect immediately before commencement day, it has effect after that day as if it were a direction given by the PC under subsection 53(1) of the PC Act.\n\n9  Regulations\n\n The Governor-General may make regulations in relation to transitional matters arising out of the repeal of the EPAC Act and the IC Act and the enactment of this Act and the PC Act.\n\n\n\n\nPart 2—Consequential amendments of other Acts\n\nBiological Control Act 1984\n\n10  Section 11\n\nRepeal the section.\n\n11  Paragraph 19(1)(f)\n\nRepeal the paragraph, substitute:\n\n (f) arrange for the Minister who administers the Productivity Commission Act 1998 to refer the recommendation to the Productivity Commission for inquiry and report.\n\n12  Paragraph 56(1)(e)\n\nOmit “Industries Assistance Commission”, substitute “Productivity Commission”.\n\nBounty (Computers) Act 1984\n\n13  Subsection 5(8)\n\nRepeal the subsection.\n\nBounty (Machine Tools and Robots) Act 1985\n\n14  Section 9\n\nRepeal the section.\n\nDevelopment Allowance Authority Act 1992\n\n15  Paragraph 16(2)(a)\n\nOmit “Industry”, substitute “Productivity”.\n\n \n\n(185/96)\n\n\n[Minister's second reading speech made in—\n\nHouse of Representatives on 4 December 1996\n\nSenate on 13 February 1997]\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act narrowly implements a structural consolidation: it repeals two predecessor Acts and provides transitional and consequential measures to transfer functions, staff, records, appropriations and ongoing inquiries to the Productivity Commission. That is consistent with the instrument’s original, stated purpose (repeal and transition). It does not broaden regulatory scope, add new substantive powers beyond those necessary for the transfer, or materially change the policy remit of the successor agency; therefore the scope has not grown beyond its original purpose."},"complexity_factors":["Short Act with two Schedules and one main purpose (repeal + transition)","Schedule 2 contains 9 numbered items with defined terms (4 defined terms in Schedule 2 definitions: commencement day, EPAC, EPAC Act, IC, IC Act, PC, PC Act — actually 7)","Cross-references to three other Acts (EPAC Act, IC Act, PC Act) and to particular statutory provisions (e.g. paragraph 17(2)(b) of the IC Act and subsection 53(1) of the PC Act)","Several distinct transitional mechanisms (staff transfer, contract reference substitution, appropriation treatment, inquiry continuation, witness protection, record confidentiality) requiring conditional logic and two non-retrospective exceptions (items 4(2) and 5(2))","A small number of consequential amendments to other Acts (Part 2 lists specific edits across multiple Acts)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Repeals two earlier Acts and transfers their functions to a new body called the Productivity Commission (PC). Specifically, it repeals the Economic Planning Advisory Commission Act 1983 and the Industry Commission Act 1989 (Schedule 1, items 1–2). \n- Provides transitional rules to make the transfer orderly. Those rules let the Productivity Commission finish or report on any inquiries started by the old Industry Commission (IC) (Schedule 2, item 2), and require the PC’s first annual report to include a report on the operations of the two old bodies for the relevant year (Schedule 2, item 6). \n- Automatically transfers staff of the two abolished bodies to the Productivity Commission from the commencement day (Schedule 2, item 3).\n- Treats references to the abolished bodies in existing contracts and instruments as references to the Productivity Commission, except for matters that occurred before the commencement day (Schedule 2, item 4(1)–(2)).\n- Treats money already appropriated for the abolished bodies as appropriated for the Productivity Commission, except for monies already spent before commencement (Schedule 2, item 5(1)–(2)).\n- Carries forward protections and confidentiality. Witnesses who gave evidence to the Industry Commission get the same protection as they would before the PC (Schedule 2, item 7). Records of the Industry Commission become PC records and confidentiality continues until the PC decides otherwise, with the supplier’s consent (Schedule 2, item 8(1)).\n- Converts any outstanding directions from the IC under a particular statutory provision into equivalent directions given by the PC (Schedule 2, item 8(2)).\n- Authorises the Governor‑General to make regulations for other transitional matters (Schedule 2, item 9).\n- Makes small consequential edits to other Acts so they refer to the Productivity Commission where they previously referred to the abolished bodies (Schedule 2, Part 2, items 10–15).\n\n**Who is affected**\n\n- The two abolished statutory bodies (EPAC and the Industry Commission) — their statutes are repealed (Schedule 1, items 1–2).\n- Staff employed by EPAC or the Industry Commission — they become staff of the Productivity Commission from commencement (Schedule 2, item 3).\n- Parties to contracts, agreements or instruments that currently refer to EPAC or the Industry Commission — those references become references to the Productivity Commission for future effect (Schedule 2, item 4).\n- Witnesses and information providers to past IC hearings — they retain legal protections and confidentiality under the new arrangements (Schedule 2, items 7–8).\n- Departments, Ministers and statutes that previously interacted with EPAC/IC — they will now interact with the Productivity Commission (Schedule 2, Part 2).\n\n**Why it matters (stated purpose and practical implications)**\n\n- Stated purpose: to repeal the EPAC and Industry Commission Acts and provide for an orderly transition to the Productivity Commission.\n\n- Practical implications and mechanics: this is a structural consolidation. It shifts institutional responsibility, staff, budgets, ongoing inquiries, records and legal rights from two old bodies to one new Commission (Schedule 1; Schedule 2, items 2–8). It updates other legislation so references now point to the Productivity Commission (Schedule 2, Part 2).\n\n**Testing the stated purpose against costs, incentives and risks**\n\n- Costs and administrative burden: the Act is primarily administrative and transitional. It imposes little direct regulatory burden on private parties. The main public cost is the administrative work of transferring staff, records, and appropriations; the Act itself does not create new ongoing expenditure beyond supporting the Productivity Commission’s functions (Schedule 2, items 3, 5).\n\n- Incentives and effects on private enterprise and contracts: by converting existing contractual references from EPAC/IC to the Productivity Commission, parties continue their legal relationships without needing to renegotiate contracts (Schedule 2, item 4). That preserves contractual continuity and reduces transaction costs.\n\n- Confidentiality, speech and information access: the Act preserves existing confidentiality protections for documents and witnesses, but it vests decision-making about future disclosure in the Productivity Commission (Schedule 2, items 7–8). That centralises discretion over confidential materials in the successor agency.\n\n- Bureaucratic discretion and implementation risk: the Productivity Commission gains the discretion to complete or re-start inquiries begun under the Industry Commission, and to determine confidentiality status of records (Schedule 2, items 2, 8). Those are predictable administrative powers, but they concentrate decision-making in the PC and require sensible record-management and procedural continuity to avoid information loss or disputes.\n\n- Effects on competition, prices and ownership: the Act is organisational and does not itself change market rules, tariffs or ownership structures. Any downstream effects would flow from the Productivity Commission’s policy advice or inquiries under other legislation, not from this transitional statute.\n\n- Concentrated benefits and diffuse costs: benefits from consolidation—such as reduced duplication in advisory/inquiry functions—accrue to the public sector and to parties that interact with the Commission (clearer single counterpart). Costs are mostly administrative and borne by the public service; the Act does not create new regulatory obligations for the private sector.\n\n**Key specific provisions to note**\n\n- Repeals: Schedule 1, items 1–2.\n- Power to complete IC inquiries and treat IC hearings as PC hearings: Schedule 2, item 2.\n- Automatic staff transfer: Schedule 2, item 3.\n- Contractual references converted to PC references (not retrospective): Schedule 2, item 4.\n- Appropriations carried forward (not retrospective for spent money): Schedule 2, item 5.\n- Witness protection and confidentiality preserved: Schedule 2, items 7–8.\n- Governor‑General may make regulations for other transitional matters: Schedule 2, item 9.\n\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the two predecessor Acts and managing the transition to the Productivity Commission. The scope has not expanded beyond this housekeeping function."},"complexity_factors":["Short length (only 15 operative items across 2 Schedules)","Simple structure: straightforward repeal of 2 Acts plus transitional provisions","Minimal defined terms (only 6 definitions in Schedule 2)","Limited cross-referencing (primarily references to the new Productivity Commission Act 1998)","Clear conditional logic limited to transitional scenarios (e.g., 'if inquiry begun but not completed')","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This legislation is a 'cleanup' law that abolishes two old government advisory bodies and transfers their work to a new one.\n\n**What it does:**\n- **Repeals (abolishes)** two Acts:\n  - The *Economic Planning Advisory Commission Act 1983* (which created EPAC, an economic advisory body)\n  - The *Industry Commission Act 1989* (which created the Industry Commission, another advisory body)\n- **Creates a smooth handover** to the new Productivity Commission (established by a separate Act). It ensures that:\n  - Ongoing inquiries started by the old bodies can be finished by the new Productivity Commission\n  - Staff automatically move to the new Commission\n  - Existing contracts and budget money transfer across\n  - Confidential information stays protected\n  - Witnesses who gave evidence to the old bodies keep their legal protections\n\n**Who it affects:**\n- Public servants who worked for EPAC or the Industry Commission (they keep their jobs)\n- Businesses and individuals who were involved in inquiries by the old bodies (their matters continue seamlessly)\n- Other government departments that referenced these bodies in their own laws (these references get updated)\n\n**Why it matters:**\nWithout this law, abolishing the old bodies would create legal chaos—unfinished inquiries would stall, staff would be in limbo, contracts would be void, and confidential records might be exposed. This Act ensures the machinery of government keeps running while streamlining three separate bodies into one more efficient Productivity Commission."}},"importantCases":[],"_links":{"self":"/api/acts/productivity-commission-repeals-transitional-and-consequential-amendments-act-1998","history":"/api/acts/productivity-commission-repeals-transitional-and-consequential-amendments-act-1998/history","analysis":"/api/acts/productivity-commission-repeals-transitional-and-consequential-amendments-act-1998/analysis","conflicts":"/api/acts/productivity-commission-repeals-transitional-and-consequential-amendments-act-1998/conflicts","importantCases":"/api/acts/productivity-commission-repeals-transitional-and-consequential-amendments-act-1998/important-cases","documents":"/api/acts/productivity-commission-repeals-transitional-and-consequential-amendments-act-1998/documents"}}