South Australian Productivity Commission Bill

Final Stages

The House of Assembly agreed to amendments Nos 1, 4, 17 and 19 made by the Legislative Council without any amendment; disagreed to amendments Nos 2, 3, 6 to 16, and 18; and made the alternative amendment as indicated in the following schedule in lieu thereof.

Schedule of the Amendments made by the Legislative Council to which the House of Assembly has disagreed

No. 2. Clause 3, page 3, after line 8—Insert:

referring authority, in relation to a matter referred to the Commission for inquiry, means the Minister or a House of Parliament (as the case may be).

No. 3. Clause 5, page 3, after line 36 [clause 5(2)]—Insert:

(ab) to hold inquiries and report on matters referred, by resolution, by either House of Parliament;

No. 6. Clause 8, page 4, after line 19—Insert:

(2) A person may only be appointed as a Commissioner if, following referral by the Minister of the proposed appointment to the Statutory Authorities Review Committee established under the Parliamentary Committees Act 1991—

(a) the appointment has been approved by the Committee; or

(b) the Committee has not, within 21 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment.

No. 7. Clause 14, page 6, lines 10 to 26—Delete clause 14 and substitute:

14—Disclosure of pecuniary or personal interest

(1) A Commissioner who has a pecuniary or personal interest in a matter being considered or about to be considered by the Commission must, as soon as possible after the relevant facts have come to the Commissioner's knowledge, disclose the nature of the interest at a meeting of the Commission.

Maximum penalty: $25,000.

(2) A Commissioner who has a pecuniary or personal interest in a matter being considered or about to be considered by the Commission—

(a) must not vote, whether at a meeting or otherwise, on the matter; and

(b) must not be present while the matter is being considered at the meeting.

(3) Subsection (2) does not apply if—

(a) a Commissioner has disclosed an interest in a matter under subsection (1); and

(b) the Commission has at any time passed a resolution that—

(i) specifies the Commissioner, the interest and the matter; and

(ii) states that the Commissioners voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing Commissioner's conduct and should not disqualify the Commissioner from considering or voting on the matter.

(4) Despite section 15, if a Commissioner is disqualified under subsection (2) in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.

(5) The Minister may by instrument in writing declare that subsection (2) or subsection (4), or both, do not apply in relation to a specified matter either generally or in voting on particular resolutions.

(6) The Minister must cause a copy of a declaration under subsection (5) to be laid before both Houses of Parliament within 14 sitting days after the declaration is made.

(7) Particulars of a disclosure made under subsection (1) at a meeting of the Commission must be recorded—

(a) in the minutes of the meeting; and

(b) in a register kept by the board which must be reasonably available for inspection by any person.

(8) A reference in subsection (2) to a matter includes a reference to a proposed resolution under subsection (3) in respect of the matter, whether relating to that member or a different member.

(9) A contravention of this section does not invalidate any decision of the Commission.

(10) Section 8 of the Public Sector (Honesty and Accountability) Act 1995 does not apply to a Commissioner.

No. 8. Clause 20, page 8, lines 3 and 4 [clause 20(1)]—

Delete 'the Minister, by written notice, refers to the Commission.' and substitute:

—

(a) the Minister, by written notice, refers to the Commission; or

(b) either House of Parliament, by resolution, refers to the Commission.

No. 9. Clause 20, page 8, line 5 [clause 20(2)]—After 'written notice' insert:

or resolution (as the case requires)

No. 10. Clause 20, page 8, line 6 [clause 20(3)]—Delete 'The Minister' and substitute 'The referring authority'

No. 11. Clause 20, page 8, line 7 [clause 20(3)(a)]—Delete 'Minister' and substitute 'referring authority'

No. 12. Clause 20, page 8, line 14 [clause 20(4)]—Delete 'Minister' and substitute 'referring authority'

No. 13. Clause 21, page 8, after line 18 [clause 21(2)]—Insert:

(aa) the referring authority; and

No. 14. Clause 21, page 8, line 25 [clause 21(3)]—Delete 'Minister' and substitute 'referring authority'

No. 15. Clause 22, page 8, line 29 [clause 22(1)]—Delete 'Minister' and substitute 'referring authority'

No. 16. Clause 23, page 8, lines 35 and 36 [clause 23(1)]—

Delete 'to the Minister' and substitute:

—

(a) in the case of an inquiry referred by the Minister—to the Minister; or

(b) in the case of an inquiry referred by a House of Parliament—to the presiding member of the relevant referring House.

No. 18. Clause 23, page 9, after line 4—Insert:

(4) The Chair must, at least once in each year and at such other times as is required, appear before the Economic and Finance Committee established under the Parliamentary Committees Act 1991 in relation to a report on any inquiry conducted by the Commission.

No. 19. New clause, page 9 after line 24—Insert:

26—Review of Act

(1) The Minister must cause a review of this Act and its administration and operation to be conducted on the expiry of 3 years from its commencement.

(2) The review must be completed within 6 months and the results of the review embodied in a written report.

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

Schedule of the Amendment made by the Legislative Council to which the House of Assembly has disagreed and Amendments made in lieu thereof

Legislative Council's Amendment

No. 5. Clause 5, page 4, after line 4 [clause 5(2)]—Insert:

(da) to hold inquiries, either on referral by the Minister or on its own initiative, on the implementation of the principles of competitive neutrality in relation to South Australian government businesses and business activities and to report to the Minister on such inquiries;

House of Assembly's Amendments in lieu thereof

No. 1. Clause 5, page 4, after line 5 [clause 5(2)]—Insert:

(ea) to conduct investigations on receipt of complaints alleging infringements of the principles of competitive neutrality under the Government Business Enterprises (Competition) Act 1996;

No. 2. New Schedule, page 9, after line 24—Insert:

Schedule 1—Related amendments

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Government Business Enterprises (Competition) Act 1996

2—Insertion of section 15A

Before section 16 insert:

15A—Interpretation

(1) In this Part—

Chair means the Chair of the Commission;

Commission means the South Australian Productivity Commission established under the South Australian Productivity Commission Act 2018.

(2) For the purposes of this Part, a reference to a Commissioner includes a reference to a Commissioner appointed under the South Australian Productivity Commission Act 2018 (and sections 6(2) and 7 apply to such a Commissioner for the purposes of an investigation under this Part).

3—Amendment of section 17—Complaints

(1) Section 17(1)—delete subsection (1) and substitute:

(1) A person that competes, or seeks to compete, in a particular market alleging an infringement of the principles of competitive neutrality by a government or local government agency may make a complaint to the Minister or the Commission.

4—Amendment of section 18—Assignment of Commissioner

(1) Section 18(1)—after 'neutrality' insert 'received by the Minister '

(2) Section 18—after subsection (1) insert:

(1a) The Chair may assign a Commissioner appointed under the South Australian Productivity Commission Act 2018 to investigate complaints of infringements of the principles of competitive neutrality received by the Commission.

(3) Section 18(2)—after 'the Minister' wherever occurring insert 'or the Chair '

5—Amendment of section 19—Investigation of complaint by Commissioner

Section 19(3)—after paragraph (a) insert:

(ab) the Commission; and

6—Amendment of section 21—Annual Report

(1) Section 21—after 'this Act' second occurring:

by a Commissioner appointed under Part 2

(2) Section 21—after its present contents (now to be designated as subsection (1)) insert:

(2) The annual report of the South Australian Productivity Commission under the South Australian Productivity Commission Act 2018 must include a report on the investigations carried out under Part 4 by a Commissioner appointed under the South Australian Productivity Commission Act 2018 for the relevant financial year.

No. 3. Long title, page 1—

After 'Commission,' insert:

to make related amendments to the Government Business Enterprises (Competition) Act 1996