Bills Digest 98 1996-97 Productivity Commission (Repeals, Transitional and Consequential Amendments) Bill 1996


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This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History

Productivity Commission (Repeals, Transitional and Consequential Amendments) Bill 1996

Date Introduced: 4 December 1996
House: House of Representatives
Portfolio: Treasury
Commencement: On Royal Assent

Purpose

The purpose of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Bill 1996 (the Bill) is to provide for the repeal of certain legislation, and consequential and transitional arrangements following the establishment of the Productivity Commission.

Background

On 4 December 1996, this Bill and the Productivity Commission Bill 1996 were introduced into the House of Representatives. Background information about the Productivity Commission and the main provisions of the Productivity Commission Bill 1996 are contained in the companion Bills Digest (No.97 of 1996/97).

Relevantly, the Productivity Commission is being formed through the merger of the Industry Commission, the Bureau of Industry Economics and the Economic Planning Advisory Commission (EPAC). The Productivity Commission is designed to be the 'Government's principal advisory body on all aspects of microeconomic reform.'(1) The Productivity Commission Act 1996 commences immediately after the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1996.

Main Provisions

Schedule 1 - Repeal of Acts

Clause 1 of Schedule 1 repeals the Economic Advisory Commission Act 1983. Clause 2 of Schedule 1 repeals the Industry Commission Act 1989. These Acts provide the statutory basis for EPAC and Industry Commission.

Schedule 2 - Transitional provisions and consequential amendments

Part 1 - Transitional provisions relating to the Economic Planning Advisory Commission Act 1983 and the Industry Commission Act 1989.

Clause 2 of Schedule 2 provides that inquiries, reports and inquiry hearings that were commenced by the Industry Commission but not completed can be continued by the Productivity Commission.

Clause 3 provides that staff of EPAC and the Industry Commission become staff of the Productivity Commission.

Clause 4 provides that references in contracts or agreements to EPAC or the Industry Commission are taken to be references to the Productivity Commission.

Clause 5 provides that monies appropriated for EPAC or the Industry Commission are to be regarded as appropriations for the Productivity Commission - with the exception of monies appropriated before the commencement of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1996.

Clause 6 provides that the Productivity Commission's first annual report will include a report on the operations of EPAC and the Industry Commission.

Clause 7 gives those who have appeared as witnesses before Industry Commission hearings the same protection they would have had if they had appeared at a Productivity Commission hearing.

Clause 8 means that documents or information treated as confidential by the Industry Commission must be treated in the same way by the Productivity Commission.

Clause 9 provides that regulations covering transitional matters resulting from the repeal of the EPAC Act and the Industry Commission Act can be made.

Part 2 - Consequential amendments of other Acts

Clauses 10, 11 and 12 relate to the Biological Control Act 1984. Clause 10 repeals section 11 of the Biological Control Act 1984. Section 11 refers to the operation of the Industries Assistance Commission Act 1973. The Industries Assistance Commission Act 1973 was repealed in 1990.(2)

Clause 11 substitutes new paragraph 19(1)(f) for existing paragraph 19(1)(f) of the Biological Control Act 1984. References to the Industries Assistance Commission Act 1973 in paragraph 19(1)(f) are replaced by references to the Productivity Commission. Clause 12 replaces a reference to the Industries Assistance Commission Act 1983 in paragraph 56(1)(e) of the Biological Control Act 1984 with a reference to the Productivity Commission. Under the Biological Control Act 1984, if there is any evidence that persons or the environment would be adversely affected by the release of an organism or the control of the target organism, and there has not been an adequate inquiry into these effects, then the Biological Control Authority can arrange for an inquiry to be conducted.(3) In the past, the Industry Commission has been one of the organisations that can be asked to conduct an inquiry. As a consequence of the repeal of the Industry Commission Act 1989 and the passage of this amendment, the Productivity Commission will be able to undertake inquiries at the request of the Biological Control Authority.

Clause 13 repeals subsection 5(8) of the Bounty (Computers) Act 1984. Subsection 5(8) referred to the Industry Commission Act 1989. Clause 14 repeals a similar provision in the Bounty (Machine Tools and Robots) Act 1985.

Clause 15 replaces a reference to the Industry Commission in paragraph 16(2)(a) of the Development Allowance Authority Act 1992 with a reference to the Productivity Commission. In deciding whether an industry benefits from a substantial level of industry assistance, the Development Allowance Authority determines the rate of industry assistance using the method used by the Industry Commission. With the passage of the Bill, the method will be that used by the Productivity Commission.

The repealed provisions in Part 2 are described as 'redundant' in the Bill's Explanatory Memorandum.(4)

Endnotes

  1. Second Reading Speech, Productivity Commission Bill 1996, p.1.
  2. The repeal was effected in 1990 by the Industry Commission Act 1989.
  3. See Attachment 'Operation of the Biological Control Act 1984', 'Public assurance needed before rabbit calicivirus release,' Press Release (Minister for Primary Industries and Energy), DPIE 96/15, 11 April 1996.
  4. Explanatory Memorandum, Productivity Commission (Repeals, Transitional and Consequential Amendments) Bill 1996, p.2.

Contact Officer and Copyright Details

Jennifer Norberry
7 February 1997
Bills Digest Service
Information and Research Services

This Digest does not have any official legal status. Other sources should be consulted to determine whether the Bill has been enacted and, if so, whether the subsequent Act reflects further amendments.

IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public.

ISSN 1323-9031
Commonwealth of Australia 1996

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1997.

This page was prepared by the Parliamentary Library, Commonwealth of Australia
Last updated: 24 March 1997



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