Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 14, 1998
Compilation No. 11
Compilation date: 1 January 2024
Includes amendments: Act No. 69, 2023
Registered: 8 January 2024
About this compilation
This compilation
This is a compilation of the Productivity Commission Act 1998 that shows the text of the law as amended and in force on 1 January 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
4 Act binds Crown
Part 2--Establishment and functions of Productivity Commission
5 Establishment of Commission
6 Functions of Commission
7 General power of Commission
8 General policy guidelines for Commission
9 Flexibility and range of working methods in performance of Commission's functions
10 Annual report
Part 3--Inquiries
Division 1--Reference to Commission for inquiry and report
11 Reference of matters to Commission for inquiry
12 Report of inquiry to be tabled
Division 2--Conduct of inquiries
13 Notice of inquiry
14 Notice of hearings
15 Procedure at hearings
16 Written statements etc. to be made public
Part 4--Other functions of the Commission
Division 1--Advice, research and secretariat functions
17 Requests for advice
18 Minister may publish Commission's advice
19 Secretariat services and research services to government bodies
20 Research services on request of other bodies
Division 2--Competitive neutrality complaints
21 Complaints to the Commission
22 Discretion not to investigate complaints
Part 5--Constitution and operation of Commission
Division 1--Structure of Commission
23 Constitution of Commission
24 Appointment of Commissioners
25 Appointment of Associate Commissioners
26 Terms and conditions of appointment of members
27 Outside employment
28 Remuneration and allowances
29 Leave of absence for full-time members
30 Leave of absence for part-time members
31 Deputy Chair
32 Acting appointments
33 Resignation of member
34 Retirement of member
35 Termination of member
36 Removal taken to be retirement on ground of invalidity
37 Retirement on ground of invalidity under the Superannuation Acts
Division 2--Operation of Commission
38 Role of Chair
39 Meetings of Commission
40 Commission may sit in Divisions
41 Constitution of Division by one member in exceptional circumstances
42 Delegation by Chair
43 Disclosure of interests
Part 6--Staff and consultants
44 Staff
45 Consultants
Part 7--Offences etc.
46 Hindering or disrupting Commission
47 Intimidation etc.
48 Notice to person to provide information and documents
49 Summons to person to attend hearing
50 Refusal to answer questions or produce documents
51 Preservation of the privilege against self-incrimination
52 False or misleading evidence or information
53 Restrictions on publication of evidence
54 Documents produced in relation to inquiry
55 Allowances to witnesses
56 Limitation of powers under this Part
Part 8--Miscellaneous
57 Protection from civil actions
58 Charges for services
59 Conduct by directors, employees or agents
60 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
14, 1998 | 16 Apr 1998 | 16 Apr 1988 (s 2) |
| |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 749-751): 5 Dec 1999 (gaz 1999, No S584) (s 2(1) and (2)) | -- |
Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 | 31, 2001 | 28 Apr 2001 | Sch 1 (items 79-86): 15 Dec 2001 (s 2(4)) | -- |
26, 2008 | 23 June 2008 | Sch 1 (items 105-108): 23 June 2008 (s 2(1) item 4) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (items 934-936) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12) | Sch 3 (items 10, 11) | |
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Sch 1 (items 152, 153): 1 July 2011 (s 2(1) item 2) | -- |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 7 (items 6, 7): 24 June 2014 (s 2(1) item 9) | -- |
62, 2014 | 30 June 2014 | Sch 6 (items 68, 69), Sch 11 (items 75-78) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (item 312): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
|
|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
63, 2015 | 16 June 2015 | Sch 1 (items 1A, 1B, 7-11): 17 June 2015 (s 2) | Sch 1 (items 7-11) | |
Treasury Laws Amendment (2017 Measures No. 5) Act 2018 | 27, 2018 | 11 Apr 2018 | Sch 2: 12 Apr 2018 (s 2(1) item 4) | -- |
Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 | 69, 2023 | 14 Sept 2023 | Sch 1 (item 135): 1 Jan 2024 (s 2(1) item 3) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 58, 2011; No 31, 2014 |
s 4..................... | am No 59, 2015 |
Part 2 |
|
s 5..................... | am No 62, 2014 |
s 10.................... | rs No 62, 2014 |
Part 3 |
|
Division 2 |
|
s 13.................... | am No 69, 2023 |
s 14.................... | am No 69, 2023 |
Part 5 |
|
Division 1 |
|
s 23.................... | am No 27, 2018 |
s 24.................... | am No 27, 2018 |
s 25.................... | am No 63, 2015 |
s 26.................... | am No 27, 2018 |
s 29.................... | am No 146, 1999 |
s 32.................... | am No 46, 2011 |
s 35.................... | am No 62, 2014 |
s 36.................... | am No 26, 2008 |
s 37.................... | am No 26, 2008; No 58, 2011 |
Division 2 |
|
s 43.................... | am No 62, 2014 |
Part 6 |
|
s 44.................... | am No 146, 1999 |
Part 7 |
|
s 46.................... | am No 31, 2001 |
s 47.................... | am No 31, 2001 |
s 48.................... | am No 31, 2001 |
s 49.................... | am No 31, 2001 |
s 50.................... | am No 31, 2001 |
s 52.................... | am No 31, 2001 |
s 53.................... | am No 31, 2001 |
Part 8 |
|
s 59.................... | am No. 31, 2001 |