Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to establish the independent Social Security Commission, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 20 Aug 2018
Introduced HR 20 Aug 2018

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Social Security Commission Bill 2018

 

No.      , 2018

 

(Ms McGowan)

 

 

 

A Bill for an Act to establish the independent Social Security Commission, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Principal Object................................................................................... 2

4............ Definitions.......................................................................................... 2

5............ Crown to be bound............................................................................. 3

6............ Extension to external Territories.......................................................... 3

PART 2—The Social Security Commission                                                           4

7............ Establishment of the Social Security Commission.............................. 4

8............ Functions of the Commission............................................................. 4

9............ Powers of the Commission................................................................. 4

10.......... Directions by the President................................................................. 5

11.......... Social security payment reviews......................................................... 5

12.......... Reviews at the request of the Minister or the Parliament..................... 7

13.......... Procedures etc..................................................................................... 7

14.......... Constitution of the Commission.......................................................... 8

15.......... Reviews to be open and transparent.................................................... 8

16.......... Reports of reviews.............................................................................. 9

17.......... Reports of reviews—contents............................................................. 9

18.......... Government required to respond to recommendations...................... 11

19.......... Reports of reviews—tabling and publication.................................... 11

20.......... Publication of other information........................................................ 12

21.......... Annual report.................................................................................... 12

PART 3—Members of the Social Security Commission                              13

22.......... Appointment of members.................................................................. 13

23.......... Remuneration.................................................................................... 13

24.......... Leave of absence............................................................................... 14

25.......... Oath or affirmation of office............................................................. 14

26.......... Other paid work and disclosure of interests...................................... 15

27.......... Resignation....................................................................................... 15

28.......... Termination of appointment.............................................................. 15

29.......... Other terms and conditions............................................................... 16

30.......... Acting members................................................................................ 16

PART 4—General Manager, staff and consultants etc.                              18

31.......... Establishment.................................................................................... 18

32.......... Functions and powers of the General Manager................................. 18

33.......... Directions from the President............................................................ 18

34.......... Appointment of the General Manager............................................... 18

35.......... Remuneration.................................................................................... 19

36.......... Leave of absence............................................................................... 19

37.......... Other paid work and disclosure of interests...................................... 19

38.......... Resignation....................................................................................... 20

39.......... Termination of appointment.............................................................. 20

40.......... Other terms and conditions............................................................... 21

41.......... Acting General Manager................................................................... 21

42.......... Staff.................................................................................................. 21

43.......... Delegation by General Manager to staff............................................ 21

44.......... Persons assisting the Commission.................................................... 22

45.......... Consultants....................................................................................... 22

46.......... Application of the finance law........................................................... 22

PART 5—Miscellaneous                                                                                                  24

47.......... Regulations....................................................................................... 24

 


A Bill for an Act to establish the independent Social Security Commission, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act is the Social Security Commission Act 2018.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Sections 3 to 47

The day on which the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment to the Social Security Commission.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

3  Principal Object

                   The principal object of this Act is to provide the Parliament with independent advice on the minimum levels for social security payments, such that all recipients can meet an accepted contemporary minimum standard of living.

4  Definitions

                   In this Act:

Commission means the Social Security Commission established by section 7.

Commissioner means a Commissioner of the Commission appointed under section 22.

General Manager means the General Manager of the Commission appointed under section 34.

member means the President or a Commissioner.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

President means the President of the Commission appointed under section 22.

social security payment has the same meaning as in the Social Security Act 1991.

social security payment review: see subsection 11(2).

staff of the Commission means the staff referred to in section 42.

5  Crown to be bound

                   This Act binds the Crown in each of its capacities.

6  Extension to external Territories

                   This Act extends to every external Territory.

PART 2The Social Security Commission

  

7  Establishment of the Social Security Commission

             (1)  The Social Security Commission is established by this section.

             (2)  The Commission consists of:

                     (a)  the President; and

                     (b)  four Commissioners.

Note:          The Commission also has a General Manager and staff (see Part 4).

8  Functions of the Commission

                   The functions of the Commission are as follows:

                     (a)  to research, collect, analyse, interpret and disseminate information and knowledge relating to social security payments and defining a fair and acceptable safety net;

                     (b)  to conduct social security payment reviews;

                     (c)  to conduct reviews, relating to social security payments, at the request of the Minister or the Parliament;

                     (d)  any other functions conferred on the Commission under this Act or any other law;

                     (e)  to undertake activities to promote public understanding of matters relevant to any of the above functions;

                      (f)  to do anything incidental or conducive to the performance of any of the above functions.

9  Powers of the Commission

                   The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

10  Directions by the President

The President may give directions

             (1)  The President may give directions under subsection (2) as to the manner in which the Commission is to perform its functions, exercise its powers or deal with matters.

             (2)  The President may give a direction that is of a general nature, or that relates to a particular matter, to either or both of the following persons:

                     (a)  a Commissioner;

                     (b)  the General Manager.

             (3)  The direction must not relate to the recommendations to be set out in a report of a review under this Act.

Persons must comply with the President’s directions

             (4)  A person to whom a direction is given must comply with the direction.

Note:          For directions to the General Manager, see section 33.

Direction is not a legislative instrument

             (5)  If a direction is in writing, the direction is not a legislative instrument.

11  Social security payment reviews

             (1)  The Commission is to conduct social security payment reviews.

             (2)  A social security payment review is a review of the sufficiency of one or more social security payments. As part of a review the Commission must determine, for each social security payment reviewed:

                     (a)  the acceptable standard of living for recipients of the payment; and

                     (b)  whether the current level of the payment provides adequate support to meet that standard; and

                     (c)  if the Commission determines that the current level, or rate of indexation, of the payment does not provide adequate support to meet that standard—a recommended increase to the level of the payment, or recommended change to the rate of indexation of the payment, that the Commonwealth Government should adopt.

             (3)  In conducting the review, the Commission must take into account, to the extent that it considers appropriate, the terms upon which each payment reviewed is provided (including means‑testing for the recipient or withdrawal of payments) and any other sources of income that may be available to the recipients.

             (4)  In determining the acceptable standard of living for recipients of a social security payment:

                     (a)  the Commission must take into account broader changes in community living standards, wage increases, and contemporary accepted budget standards to meet minimum standards of living; and

                     (b)  an acceptable standard of living (including housing costs) must not result in recipients falling below the poverty line, using internationally accepted definitions of “poverty line”.

             (5)  Any increase to the level of a payment, or change to a rate of indexation, recommended in accordance with paragraph (2)(c) must be such as to, in the Commission’s opinion, provide adequate support to meet the standard referred to in paragraph (2)(a).

             (6)  Subject to subsections (7) and (8), the Commission may conduct a social security payment review on its own initiative or at the request of an organisation that represents persons in receipt of one or more social security payments.

             (7)  The Commission must conduct a social security payment review in relation to a social security payment, if:

                     (a)  the Minister, by written instrument given to the President, requests the Commission to conduct a social security payment review relating to that payment; or

                     (b)  either House of the Parliament, by resolution, requests the Commission to conduct a social security payment review relating to that payment.

             (8)  The Commission must ensure that each social security payment is the subject of at least one social security payment review every 4 years.

12  Reviews at the request of the Minister or the Parliament

Scope

             (1)  This section applies if:

                     (a)  the Minister, by written instrument given to the President, requests the Commission to conduct a review under this section of such matters relating to social security payments as are specified in the instrument; or

                     (b)  either House of the Parliament, by resolution, requests the Commission to conduct a review under this section of such matters relating to social security payments as are specified in the resolution.

Review

             (2)  The Commission is to conduct a review of those matters.

Instrument

             (3)  An instrument given under paragraph (1)(a) is not a legislative instrument.

13  Procedures etc.

             (1)  Subject to this Act, the Commission may determine the procedures it will use in performing its functions.

             (2)  Without limiting subsection (1), the Commission may determine the following:

                     (a)  the timing and frequency of social security payment reviews;

                     (b)  the scope of particular social security payment reviews;

                     (c)  the manner in which social security payment reviews, or reviews under section 12, are to be conducted.

             (3)  The Commission must use its best endeavours to give a report of a social security payment review to the Minister at a time when it can be taken into account in the preparation of an annual Commonwealth budget.

             (4)  For the purposes of performing its functions, the Commission may inform itself in any way it thinks appropriate, including by:

                     (a)  undertaking or commissioning research; or

                     (b)  consulting with any other person, body or organisation.

14  Constitution of the Commission

             (1)  Subject to subsection (2), a function or power of the Commission must be performed or exercised by the President and the 4 Commissioners.

             (2)  If the President considers it necessary in circumstances where one or more Commissioners are unavailable, the President may determine that, for the purposes of performing or exercising its functions or powers in those circumstances, the Commission is to be constituted by the President and no fewer than 2 Commissioners.

15  Reviews to be open and transparent

             (1)  A review under this Act must be conducted in a manner that is open and transparent.

             (2)  Without limiting subsection (1), the Commission must, in relation to each review, ensure that all persons and bodies have a reasonable opportunity to make written submissions to the Commission for consideration in the review.

             (3)  The Commission must publish all submissions made to the Commission for consideration in the review.

             (4)  However, if a submission made by a person or body includes information that is claimed by the person or body to be confidential or commercially sensitive, and the Commission is satisfied that the information is confidential or commercially sensitive, the Commission:

                     (a)  may decide not to publish the information; and

                     (b)  may instead publish:

                              (i)  a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or

                             (ii)  if the Commission considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.

             (5)  The Commission must ensure that all persons and bodies have a reasonable opportunity to make comments to the Commission, for consideration in the review, on the material published under subsections (3) and (4).

             (6)  The publishing of material under subsections (3) and (4) may be done in any way the Commission thinks appropriate.

16  Reports of reviews

                   The Commission must prepare and give to the Minister a report of:

                     (a)  a social security payment review; or

                     (b)  a review under section 12 (reviews at the request of the Minister or the Parliament).

17  Reports of reviews—contents

Reports of social security payment reviews

             (1)  A report of a social security payment review must set out the following for each social security payment reviewed:

                     (a)  information and research in regard to the sufficiency of the payment;

                     (b)  the acceptable standard of living for recipients of the payment (see paragraph 11(2)(a));

                     (c)  whether the current level of the payment provides adequate support to meet that standard (see paragraph 11(2)(b));

                     (d)  any recommended increase to the level of the payment or change to the rate of indexation of the payment (see paragraph 11(2)(c)).

             (2)  A report of a social security payment review may set out any other recommendations to the Commonwealth Government.

             (3)  The members must use their best endeavours to come to a unanimous decision in making a recommendation to the Commonwealth Government in a report of a social security payment review. If a recommendation is not unanimous, the report must be written in such a way that the matters of agreement and difference are disclosed.

Reports of other reviews

             (4)  A report of a review under this Act, other than a social security payment review, may set out recommendations to the Commonwealth Government.

Formulating recommendations etc.

             (5)  In formulating a recommendation that the Commonwealth Government should take particular action (including a recommendation of a kind referred to in paragraph (1)(d)), the Commission must analyse the costs and benefits of that action.

             (6)  Subsection (5) does not prevent the Commission from taking other matters into account in formulating a recommendation.

Reasons for recommendations

             (7)  If a report of a review under this Act sets out one or more recommendations to the Commonwealth Government, the report must set out the Commission’s reasons for those recommendations.

18  Government required to respond to recommendations

Government must provide response

             (1)  If a report of a social security payment review, or of a review under section 12 at the request of the Parliament, sets out one or more recommendations to the Commonwealth Government, the Minister must, as soon as practicable after receiving the report, cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations.

Response to recommendations to increase levels of payments or change rates of indexation

             (2)  Without limiting subsection (1), if a report of a social security payment review sets out a recommendation of the kind referred to in paragraph 17(1)(d), the statement must:

                     (a)  set out whether the Commonwealth Government accepts the recommendation; and

                     (b)  if the Commonwealth Government accepts the recommendation—the actions the Commonwealth Government proposes to take to implement the recommendation; and

                     (c)  if the Commonwealth Government does not accept the recommendation—the reasons for not accepting the recommendation.

Response must be tabled in Parliament

             (3)  The Minister must cause a statement prepared in accordance with subsection (1) to be tabled in each House of the Parliament within 6 months after receiving the report to which the statement relates.

19  Reports of reviews—tabling and publication

Tabling of reports

             (1)  The Minister must cause copies of a report of a review under this Act to be tabled in each House of the Parliament within 5 sittings days of that House after receiving the report.

Publication of reports by Commission

             (2)  The Commission must publish a report of a review under this Act:

                     (a)  for a report of a social security payment review or of a review under section 12 at the request of the Parliament—as soon as practicable after giving it to the Minister; and

                     (b)  for a report of a review under section 12 at the request of the Minister—as soon as practicable after the report is tabled in each House of the Parliament.

             (3)  A report may be published in any way the Commission thinks appropriate.

20  Publication of other information

                   The Commission may, as it thinks appropriate and in any way it thinks appropriate, publish any information about the functions conferred on it by this or any other Act.

21  Annual report

                   The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report from the President on the operations of the Commission during that period.

PART 3Members of the Social Security Commission

  

22  Appointment of members

             (1)  A member is to be appointed by the Minister by written instrument.

             (2)  Before appointing a member, the Minister must consult with:

                     (a)  representative bodies; and

                     (b)  the States; and

                     (c)  the Leader of the Opposition in the House of Representatives.

             (3)  A person must not be appointed as a member unless the person has a high level of skills and experience relevant to providing advice on social security payments, including skills and experience in:

                     (a)  academic research; or

                     (b)  business or economics; or

                     (c)  social and community organisations.

             (4)  The instrument of appointment of a member must specify whether the member is appointed as:

                     (a)  the President; or

                     (b)  a Commissioner.

             (5)  A member may be appointed on a full‑time or part‑time basis, as specified in the instrument of appointment, and holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:          A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

23  Remuneration

             (1)  A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.

             (2)  A member is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

24  Leave of absence

             (1)  If a member is appointed on a full‑time basis:

                     (a)  the member has the recreation leave entitlements that are determined by the Remuneration Tribunal; and

                     (b)  the Minister may grant the member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

             (2)  If the member is appointed on a part‑time basis, the Minister may grant leave of absence to the member on the terms and conditions that the Minister determines.

25  Oath or affirmation of office

                   A member must, before proceeding to discharge the duties of the office to which he or she has been appointed, take before the Governor‑General, a Justice of the High Court, a Judge of the Federal Court or a Judge of the Supreme Court of a State or Territory an oath or affirmation in accordance with the following form:

“I,                    , do swear that I will bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of [President or Commissioner, as the case requires] of the Social Security Commission and that I will faithfully and impartially perform the duties of the office. So help me God!”

or

“I,        , do solemnly and sincerely promise and declare that [as above, omitting the words "So help me God!" ]”

26  Other paid work and disclosure of interests

             (1)  A member who is appointed on a full‑time basis must not engage in paid work outside the duties of his or her office without the Minister’s approval.

             (2)  A member who is appointed on a part‑time basis must not engage in any paid work that conflicts or could conflict with the proper performance of his or her duties.

             (3)  A member must give written notice to the Minister of all interests (pecuniary or otherwise) that the member has or acquires and that conflict or could conflict with the proper performance of his or her functions.

             (4)  Subsection (3) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.

27  Resignation

             (1)  A member may resign his or her appointment by giving the Governor‑General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

28  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of a member:

                     (a)  for misbehaviour; or

                     (b)  if the member is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor‑General may terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the member engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 26); or

                     (d)  the member fails, without reasonable excuse, to comply with subsection 26(3) (disclosure of interests); or

                     (e)  the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

29  Other terms and conditions

                   A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

30  Acting members

             (1)  The Minister may, by written instrument, appoint a person who meets the requirements set out in subsection 22(3) to act as President:

                     (a)  during a vacancy in the office of the President (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the President is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (2)  The Minister may, by written instrument, appoint a person who meets the requirement set out in subsection 22(3) to act as a Commissioner:

                     (a)  during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when a Commissioner is acting as President, is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

PART 4General Manager, staff and consultants etc.

  

31  Establishment

                   There is to be a General Manager of the Commission.

32  Functions and powers of the General Manager

             (1)  The General Manager is to assist the President in ensuring that the Commission performs its functions and exercises its powers.

             (2)  The General Manager has power to do all things necessary or convenient to be done for the purpose of performing his or her functions.

33  Directions from the President

                   Despite the President’s power of direction under section 10, the General Manager is not required to comply with a direction by the President to the extent that:

                     (a)  compliance with the direction would be inconsistent with the General Manager’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Commission; or

                     (b)  the direction relates to the General Manager’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Commission.

34  Appointment of the General Manager

             (1)  The General Manager is to be appointed by the Minister by written instrument on the nomination of the President.

             (2)  The General Manager holds office on a full‑time basis for the period specified in his or her instrument of appointment. The period must not exceed 5 years.

Note:          The General Manager may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

35  Remuneration

             (1)  The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is prescribed by the regulations.

             (2)  The General Manager is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

36  Leave of absence

             (1)  The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

37  Other paid work and disclosure of interests

             (1)  The General Manager must not engage in paid work outside the duties of his or her office without the Minister’s approval.

             (2)  The General Manager must give written notice to the Minister of all interests (pecuniary or otherwise) that the General Manager has or acquires and that conflict or could conflict with the proper performance of his or her duties.

             (3)  Subsection (2) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.

38  Resignation

             (1)  The General Manager may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

39  Termination of appointment

             (1)  The Minister may terminate the appointment of the General Manager:

                     (a)  for misbehaviour; or

                     (b)  if the General Manager is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the General Manager if:

                     (a)  the General Manager:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the General Manager is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the General Manager engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 37); or

                     (d)  the General Manager fails, without reasonable excuse, to comply with subsection 37(2) (disclosure of interests); or

                     (e)  the General Manager fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

40  Other terms and conditions

                   The General Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

41  Acting General Manager

                   The Minister may, by written instrument, appoint a person to act as the General Manager:

                     (a)  during a vacancy in the office of the General Manager (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

42  Staff

             (1)  The staff of the Commission must be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the General Manager and the staff of the Commission together constitute a Statutory Agency; and

                     (b)  the General Manager is the Head of that Statutory Agency.

43  Delegation by General Manager to staff

             (1)  The General Manager may, in writing, delegate all or any of his or her functions or powers to:

                     (a)  a member of the staff of the Commission who is an SES employee or acting SES employee; or

                     (b)  a member of the staff of the Commission who is in a class of employees prescribed by the regulations.

             (2)  In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the General Manager.

Note:          See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

44  Persons assisting the Commission

                   The Commission may also be assisted:

                     (a)  by employees of Agencies (within the meaning of the Public Service Act 1999); or

                     (b)  by officers and employees of a State or Territory; or

                     (c)  by officers and employees of authorities of the Commonwealth, a State or a Territory;

whose services are made available to the Commissions in connection with the performance of any of its functions.

45  Consultants

                   The General Manager may engage persons having suitable qualifications and experience as consultants to the Commission.

46  Application of the finance law

                   For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

                     (a)  the Commission is a listed entity; and

                     (b)  the General Manager is the accountable authority of the Commission; and

                     (c)  the following persons are officials of the Commission:

                              (i)  the President;

                             (ii)  the Commissioners;

                            (iii)  the General Manager;

                            (iv)  the staff of the Commission referred to in section 42;

                             (v)  persons whose services are made available to the Commission under section 44;

                            (vi)  consultants engaged under section 45; and

                     (d)  the purposes of the Commission include:

                              (i)  the functions of the Commission referred to in section 8; and

                             (ii)  the functions of the General Manager referred to in section 32.

PART 5Miscellaneous

  

47  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the regulations; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.