2024
A Bill
for
An Act to establish the Queensland Productivity Commission
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Authorised by the Parliamentary Counsel
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Queensland Productivity Commission Bill 2024
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Queensland Productivity
Commission Act 2024.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Main purpose
The main purpose of this Act is to establish the Queensland
Productivity Commission to undertake inquiries and research
and to provide independent advice to the Minister in relation
to economic and social issues, regulatory matters or
legislation having particular regard to productivity, economic
growth and improving living standards in Queensland.
4 Definitions
The dictionary in schedule 1 defines particular words used in
this Act.
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
Part 2 Queensland Productivity
Commission
Division 1 Establishment
5 Establishment
The Queensland Productivity Commission is established.
6 Legal status
The commission—
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
7 Commission represents the State
(1) The commission represents the State.
(2) Without limiting subsection (1), the commission has the
status, privileges and immunities of the State.
8 Application of other Acts
The commission is—
(a) a statutory body under the Financial Accountability Act
2009; and
(b) a statutory body under the Statutory Bodies Financial
Arrangements Act 1982; and
Note—
The Statutory Bodies Financial Arrangements Act 1982, part 2B
sets out the way that Act affects the commission’s powers.
(c) a unit of public administration under the Crime and
Corruption Act 2001.
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
Division 2 Functions and powers
9 Functions
(1) The main functions of the commission are—
(a) to undertake inquiries into economic and social issues,
regulatory matters or legislation as directed by the
Minister; and
(b) to undertake research into economic and social issues,
regulatory matters or legislation as directed or approved
by the Minister, or on its own initiative; and
(c) to administer, monitor and review regulatory matters as
directed by the Minister; and
(d) to provide advice to the Minister as requested.
(2) Also, the commission has any other function given to it under
this Act or another Act.
10 Powers
(1) The commission has all the powers of an individual and may
do anything necessary or convenient to be done in the
performance of its functions.
(2) Also, the commission has the powers given to it under this Act
or another Act.
11 Authentication of documents
A document made by the commission is sufficiently made if it
is signed by the productivity commissioner or another person
authorised by the board.
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
Division 3 Board
12 Establishment
The board is established as the governing body of the
commission.
13 Functions
The functions of the board are—
(a) to ensure the commission performs its functions in a
proper, effective and efficient way; and
(b) any other function given to the board under this Act or
another Act.
14 Powers
(1) The board has all the powers to do anything necessary or
convenient to be done in the performance of its functions.
(2) Also, the board has any other power given to it under this Act
or another Act.
(3) Anything done in the name of, or for, the commission by the
board is taken to have been done by the commission.
15 Composition
(1) The board consists of at least 1 but not more than 4 persons
appointed by the Governor in Council on the recommendation
of the Minister.
(2) One of the persons appointed under subsection (1) must be
appointed as the productivity commissioner.
(3) The Minister may recommend a person for appointment under
subsection (1) only if the Minister is satisfied the person is
appropriately qualified.
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
16 Term of appointment
(1) A commissioner holds office for the term, not longer than 3
years, stated in the commissioner’s instrument of
appointment.
(2) A person may be reappointed as a commissioner.
17 Conditions of appointment
(1) A commissioner is to be paid the remuneration and
allowances decided by the Governor in Council.
(2) A commissioner holds office on the terms and conditions, not
provided for by this Act, that are decided by the Governor in
Council.
18 Productivity commissioner
(1) The Governor in Council may, on the recommendation of the
Minister, appoint a commissioner to be the productivity
commissioner.
(2) A commissioner may be appointed as the productivity
commissioner at the same time the person is appointed as a
commissioner.
(3) The productivity commissioner holds office for the term
stated in the person’s instrument of appointment as the
productivity commissioner.
(4) However, the person’s appointment as the productivity
commissioner ends if—
(a) the person stops being a commissioner; or
(b) the person resigns from the office of productivity
commissioner by signed notice given to the Minister.
(5) The productivity commissioner is responsible for—
(a) managing and directing the activities of the commission;
and
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
(b) ensuring the board performs its functions and exercises
its powers appropriately.
(6) A commissioner may be reappointed as the productivity
commissioner.
19 Preservation of rights
(1) This section applies if a person who is a public service officer
is appointed as a commissioner.
(2) The person keeps all rights accrued or accruing to the person
as a public service officer as if service as a commissioner were
a continuation of service as a public service officer.
(3) At the end of the person’s term of office or resignation as a
commissioner, the person’s service as a commissioner is taken
to be service of a like nature in the public service for deciding
the person’s rights as a public service officer.
20 Disqualification
A person is disqualified from becoming, or continuing as, a
commissioner if the person—
(a) is an insolvent under administration; or
(b) is disqualified from managing corporations because of
the Corporations Act, part 2D.6; or
(c) is a staff member or contractor of the commission; or
(d) has a conviction, other than a spent conviction, for an
indictable offence; or
(e) does not consent to the Minister requesting a report
about the person’s criminal history under section 27.
21 Vacancy in office
The office of a commissioner becomes vacant if the
commissioner—
(a) completes a term of office and is not reappointed; or
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
(b) is disqualified from continuing in office under section
20; or
(c) resigns by notice under section 22; or
(d) is removed from office under section 23.
22 Resignation
(1) A commissioner may resign from office by signed notice
given to the Minister.
(2) The resignation takes effect when the Minister receives the
notice or, if a later day is stated in the notice, the later day.
23 Removal
(1) The Governor in Council may remove a commissioner from
office on the recommendation of the Minister.
(2) The Minister may recommend the commissioner’s removal
only if the Minister is satisfied the commissioner—
(a) has engaged in—
(i) inappropriate or improper conduct in an official
capacity; or
(ii) inappropriate or improper conduct in a private
capacity that reflects seriously and adversely on
the office; or
(b) is incapable of performing the functions of the
commissioner because of a physical or mental
incapacity or for some other reason; or
(c) has neglected, or incompetently performed, the duties of
the commissioner.
(3) This section does not limit the Acts Interpretation Act 1954,
section 25.
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
24 Acting commissioner
(1) The Minister may appoint a person to act in the office of a
commissioner during—
(a) a vacancy in the office; or
(b) a period when the commissioner is absent from duty or
can not, for another reason, perform the functions of the
office.
(2) An appointment under subsection (1) must be for a period of
not longer than 6 months.
(3) However, the Minister may extend the appointment for a
further period of not longer than 6 months.
(4) This section does not limit the Governor in Council’s power
under the Acts Interpretation Act 1954, section 25.
25 Disclosure of interests
(1) This section applies to a commissioner if—
(a) the commissioner has a direct or indirect financial or
personal interest in a matter being considered, or about
to be considered, by the board as part of the exercise of
the board’s functions; and
(b) the interest could conflict with the proper performance
of the commissioner’s duties in relation to the matter.
(2) As soon as practicable after the relevant facts come to the
commissioner’s knowledge, the commissioner must disclose
the nature of the interest to the Minister.
(3) Unless the Minister directs otherwise, the commissioner must
not—
(a) perform the commissioner’s duties in relation to the
matter; or
(b) take part in a decision of the board on the matter.
(4) A failure to make a disclosure under this section does not, of
itself, invalidate a decision of the board or the commissioner.
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Queensland Productivity Commission Bill 2024
Part 2 Queensland Productivity Commission
26 Meetings and minutes
(1) The productivity commissioner may convene meetings of the
board as the productivity commissioner considers appropriate.
(2) The productivity commissioner is to preside at all board
meetings at which the productivity commissioner is present.
(3) If the productivity commissioner is absent from a board
meeting, another commissioner chosen by the commissioners
present at the meeting must preside.
(4) A board meeting may be held using any technology that
reasonably allows commissioners to hear and take part in
discussions as they happen.
(5) A commissioner who takes part in a board meeting under
subsection (4) is taken to be present at the meeting.
(6) The board must keep minutes of all board meetings.
Division 4 Criminal history
27 Criminal history report
(1) To decide if a person is disqualified from becoming or
continuing as a commissioner, the Minister may ask the police
commissioner for—
(a) a written report about the criminal history of the person;
and
(b) a brief description of the circumstances of a conviction
mentioned in the criminal history.
(2) However, the Minister may make the request only if the
person has given the Minister written consent for the request.
(3) The police commissioner must comply with the request in
relation to information in the police commissioner’s
possession or to which the police commissioner has access.
(4) Before using information obtained under this section, the
Minister must—
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