Productivity Commission (Leave for Full-time Members) Delegations 2022

made under the Productivity Commission Act 1998 and the Long Service Leave (Commonwealth Employees) Act 1976.

Compilation No. 1

Compilation date:   29 November 2022

Includes amendments up to: Treasury Laws Amendment (Miscellaneous Amendments No. 2) Instrument 2022

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Productivity Commission (Leave for Full-time Members) Delegations 2022 that shows the text of the law as amended and in force on 29 November 2022 (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 Legislation 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 series page on the Legislation 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.

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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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  Name 

3  Authority

4  Definitions

Part 2—Delegations

5  Delegation to grant a leave of absence (other than recreation and long service leave) to full-time members

6  Authorisation to approve full-time member taking recreation leave

7  Delegation to grant long service leave to full-time members

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Productivity Commission (Leave for Full-time Members) Delegations 2022.

3  Authority

  This instrument is made under the Productivity Commission Act 1998.

4  Definitions

Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Productivity Commission Act 1998 as in force from time to time.

  In this instrument:

the Act means the Productivity Commission Act 1998.

Part 2—Delegations

5  Delegation to grant a leave of absence (other than recreation and long service leave) to full-time members

 (1) Under subsection 29(3) of the Act, the Chair of the Commission is delegated the Minister’s power under subsection 29(2) of the Act, to grant a full‑time member of the Commission a leave of absence, other than recreation and long service leave, and determine the terms and conditions on which that leave is granted.

 (2) The delegation in subsection (1) must not be exercised to grant more than 20 days of leave, for any one member, in relation to a financial year.

Note: A full-time member may also be entitled to maternity leave which may be granted by the Chair as a leave officer—see the Maternity Leave (Commonwealth Employees) Act 1973.

6  Authorisation to approve full-time member taking recreation leave

 (1) The Chair of the Commission is authorised to exercise the Minister’s power under subsection 7(3AC) of the Remuneration Tribunal Act 1973 and section 13 of the Remuneration Tribunal (Recreation Leave for Holders of Relevant Offices) Determination 2018, for and behalf of the Minister, to approve a full‑time member of the Commission taking recreation leave.

 (2) The authorisation in subsection (1) must not be exercised to approve recreation leave that is greater than the applicant’s accrued entitlement as at the day before the requested recreation leave is proposed to commence.

 (3) In determining an applicant’s accrued entitlement on a particular day for the purposes of subsection (2), deduct from that entitlement any recreation leave that has been approved to be taken after that particular day.

7  Delegation to grant long service leave to full-time members

  Under subsection 9(1) of the Long Service Leave (Commonwealth Employees) Act 1976, the Chair of the Commission is delegated the Minister’s powers under section 16 of the Act, as an approving authority, to grant a full-time member of the Commission long service leave.

Endnotes

Endnote 1—About the endnotes

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.

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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history