SOUTH AUSTRALIAN PRODUCTIVITY COMMISSION BILL 2018

(a) to improve the rate of economic growth and productivity of the South Australian economy in order to achieve higher living standards for South Australians;

(b) to improve the accessibility, efficiency and quality of services delivered or funded by government;

(d) to reduce the cost of regulation;

(e) to facilitate structural economic changes whilst minimising the social and economic hardship that may result from those changes;

(f) to take into account the interests of industries, employees, consumers and the community;

(g) to increase employment;

(h) to promote regional development;

(i) to develop South Australia in a way that is ecologically sustainable.

(2) The Commission has the following functions to further its objects:

(a) to hold inquiries and report to the Minister on matters referred by the Minister;

(b) to advise the Minister on any matter referred by the Minister;

(d) to conduct a policy and research program that is developed in consultation with the Minister;

(e) to administer this Act;

(f) to perform any other function conferred on the Commission under this or any other Act;

(g) to do anything incidental to any of the preceding functions.

6—Independence

Except as provided under this or any other Act, the Commission is not subject to Ministerial direction in the performance of its functions.

7—Commission may publish statements, reports and guidelines

The Commission may publish statements, reports and guidelines relating to the performance of its functions.

8—Membership of Commission

The Commission will be constituted of—

(a) a Commissioner appointed by the Governor as the Chair; and

(b) at least 1 and not more than 4 additional Commissioners, full-time or part-time, as appointed by the Governor.

9—Commissioners

(1) A person may be appointed as a Commissioner who is qualified for appointment because of the person's knowledge of, or experience in, 1 or more of the fields of industry, commerce, economics, law or public administration.

(2) A Commissioner will be appointed—

(a) for a term not exceeding 5 years; and

(b) on terms and conditions as to remuneration and other matters determined by the Governor.

(3) At the expiration of a term of appointment, a Commissioner will be eligible for reappointment.

(4) The conditions of appointment of a Commissioner must not, without the consent of the Commissioner, be varied while the Commissioner is in office so as to become less favourable to the Commissioner.

(5) A Commissioner must not engage, without the consent of the Minister, in any other remunerated employment.

(6) The office of a Commissioner becomes vacant if the Commissioner—

(a) dies; or

(b) resigns by written notice to the Minister or is not re-appointed at the end of a term of appointment; or

(d) is convicted of an indictable offence or sentenced to imprisonment for an offence; or

(e) becomes bankrupt or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

(f) becomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State or Territory of the Commonwealth.

(7) The Governor may remove a Commissioner from office for—

(a) misconduct; or

(b) incapacity to perform satisfactorily the Commissioner's functions; or

10—Acting Chair

(1) The Governor may appoint an Acting Chair to act in the office of the Chair and a person so appointed has, while so acting, all the functions and powers of the Chair.

(2) An Acting Chair may act in the office of the Chair—

(a) while—

(i) the Chair is unable to perform official functions; or

(ii) the office of the Chair is vacant,

but not on a continuous basis for more than 6 months; or

(b) if the Chair is disqualified from acting in relation to a particular matter—in relation to that matter.

(3) The terms and conditions of appointment of an Acting Chair will be as determined by the Governor.

11—Staff

(1) The staff of the Commission may comprise—

(a) persons employed in the Public Service of the State and assigned to assist the Commission; and

(b) persons appointed by the Commission on terms and conditions determined by the Commission.

(2) The Commission may, by arrangement with the relevant body, make use of the services, facilities or staff of an administrative unit or an instrumentality or agency of the Crown.

12—Consultants

The Commission may engage consultants on terms and conditions considered appropriate by the Commission.

13—Delegation

(1) Subject to this section, the Commission may delegate functions or powers to a Commissioner or any person or body of persons that is, in the Commission's opinion, competent to perform or exercise the relevant functions or powers.

(2) A delegation under this section—

(a) must be in writing; and

(b) may be conditional or unconditional; and

(d) does not prevent the delegator from acting in any matter.

14—Conflict of interest

(1) The Chair, an Acting Chair, a Commissioner or a delegate of the Commission must inform the Minister in writing of—

(a) any direct or indirect interest that the person has or acquires in any business, or in any body corporate carrying on business, in Australia or elsewhere; or

(b) any other direct or indirect interest that the person has or acquires that conflicts or may conflict with the person's functions.

(2) The Chair, Acting Chair, Commissioner or delegate must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the person's functions in relation to a particular matter, and, unless the conflict is resolved to the Minister's satisfaction, the person is disqualified from acting in relation to the matter.

(3) This section does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

(4) A failure to comply with this section does not affect the validity of an act or decision of the Chair, Acting Chair, Commissioner or delegate.

(5) Section 8 of the Public Sector (Honesty and Accountability) Act 1995

does not apply to the Chair, an Acting Chair or any Commissioner.

15—Meetings of Commission

(1) The Chair may convene as many meetings of the Commission as the Chair considers necessary for the efficient conduct of its affairs.

(2) The Chair must preside at a meeting of the Commission.

(3) A quorum of the Commission consists of a majority of the Commissioners in office for the time being.

(4) A decision arising at a meeting of the Commission is a decision of the Commission if carried by a majority of the votes cast by Commissioners at the meeting.

(5) Each Commissioner present at a meeting of the Commission has 1 vote on any question arising for decision and, if the votes are equal, the Chair may exercise a casting vote.

(6) Subject to this Act, the Commission may regulate its own procedures.

16—Common seal and execution of documents

(1) The common seal of the Commission must not be affixed to a document except under a decision of the Commission and the affixing of the seal must be attested by the signatures of 1 or more Commissioners.

(2) The Commission may, by instrument under its common seal, authorise a Commissioner, an employee of the Commission (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority.

(3) Without limiting subsection (2)

, an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Commission.

(4) A document is duly executed by the Commission if—

(a) the common seal of the Commission is affixed to the document in accordance with this section; or

(b) the document is signed on behalf of the Commission by a person or persons in accordance with an authority conferred under this section.

(5) Where an apparently genuine document purports to bear the common seal of the Commission, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commission has been duly affixed to that document.

17—Application of money received by Commission

Except as otherwise directed by the Treasurer, fees or other amounts received by the Commission under this or any other Act will be paid into the Consolidated Account.

18—Annual performance plan and budget

(1) The Commission must, from time to time, prepare and submit to the Minister a performance plan and budget for the next financial year or for some other period determined by the Minister.

(2) The performance plan must set out the Commission's major projects, and its goals and priorities with respect to the full range of the Commission's functions, for the period to which the plan relates.

(3) The budget must set out estimates of the Commission's receipts and expenditures for the period to which the budget relates.

(4) The plan and the budget must conform with any requirements of the Minister as to the form of the plan or budget or the matters to be addressed by the plan or budget.

(5) The Minister may approve a plan or budget submitted under this section with or without modification.

19—Accounts and audit

(1) The Commission must ensure that proper accounting records are kept of the Commission's receipts and expenditures.

(2) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Commission.

Part 3—Inquiries and reports

20—Minister may refer matter for inquiry

(1) The Commission must conduct an inquiry into any matter that the Minister, by written notice, refers to the Commission.

(2) The written notice must specify the terms of reference for the inquiry.

(3) The Minister may do 1 or more of the following:

(a) require that a report on the inquiry be delivered to the Minister within a specified period;

(b) require the Commission to make a draft report publicly available or available to specified persons or bodies during the inquiry;

(d) give the Commission specific directions in respect of the conduct of the inquiry.

(4) The Minister may, by written notice, vary the terms of reference or a requirement or direction under subsection (3)

21—Notice of inquiry

(1) The Commission must publish notice of an inquiry on the Commission's website.

(2) The notice must specify—

(a) the purpose of the inquiry; and

(b) the period during which the inquiry is to be held; and

(c) the period within which, and the form in which, members of the public may make submissions, including details of public hearings; and

(d) the matters that the Commission would like submissions to deal with.

(3) The notice must include the terms of reference and any requirements or directions of the Minister relating to the inquiry.

(4) The Commission must publish a further notice if the terms of reference or any requirement or direction relating to the inquiry are varied.

22—Conduct of inquiry

(1) Subject to any requirement or direction of the Minister under this Part, an inquiry—

(a) may be conducted in such manner as the Commission considers appropriate; and

(b) may (but need not) involve public hearings.

(2) The Commission is not, in the conduct of an inquiry, bound by the rules of evidence.

23—Reports

(1) The Commission must deliver a copy of the Commission's final report on an inquiry to the Minister.

(2) The Commission must ensure that the report is available on its website—

(a) within 90 days of delivering the report to the Minister; or

(b) if the Minister specifies a shorter period—within the period specified by the Minister.

Part 4—Miscellaneous

24—Annual report

(1) The Commission must, within 3 months after the end of each financial year, deliver to the Minister a report on the administration of this Act during that financial year.

(2) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.

25—Regulations

(1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

(2) Without limiting subsection (1)

, the regulations may—

(a) prescribe, or provide for the calculation of, fees to be paid in respect of any matter under this Act and the recovery, refund, waiver or reduction of such fees; and

(b) prescribe penalties not exceeding $5 000 for contravention of a regulation.

(3) The regulations may—

(a) be of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply;

(b) provide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister or the Commission.

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