A Bill for an Act to establish the Office for Regional Australia, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Office for Regional Australia Act 2019.
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. The whole of this Act | The day the Consolidated Revenue Fund is appropriated under another Act for the purposes of the Office for Regional Australia. | |
Note: This table relates only to the provisions of this Act as originally enacted.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.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Simplified outline of this Act
This Act establishes the Office for Regional Australia.
The Office has functions relating to policy impacting regional Australia, regional development or decentralisation.
Those functions include:
(a) holding inquiries about matters relating to policy impacting regional Australia, regional development or decentralisation that are referred to it by the Minister; and
(b) undertaking research about matters relating to policy impacting regional Australia, regional development or decentralisation; and
(c) supporting the development of innovation and experimentation in relation to policy impacting regional Australia, regional development or decentralisation; and
(d) supporting cross‑jurisdictional cooperation and engagement on regional policy; and
(e) providing secretariat and research services to support collaboration on regional policy between government bodies; and
(f) functions relating to supporting the Regional Development Australia committees and regional deal making; and
(g) promoting public understanding of matters relating to policy impacting regional Australia, regional development or decentralisation; and
(h) preparing reports annually that include an assessment of the impact of the Commonwealth Government’s budget decisions on regional Australia.
At least once every 5 years, the Minister must cause to be prepared reports providing a statement of Commonwealth Government policy relating to regional Australia.
This Act also provides for appointment of the Parliamentary Joint Committee on Regional Development and Decentralisation.
The Committee’s functions include:
(a) examining reports by the Office; and
(b) monitoring and reviewing the Regional Development Australia committee program and the implementation of the Regional City Deals program; and
(c) examining incentive and strategies to improve private sector investment in regional areas; and
(d) reviewing existing decentralisation of both public and private sector entities and identifying further potential opportunities for decentralisation; and
(e) undertaking inquiries into matters relating to regional development and decentralisation referred to it by either House of the Parliament.
4 Definitions
In this Act:
ABS Remoteness Structure means the Remoteness Structure described in:
(a) the document titled “Australian Statistical Geography Standard (ASGS): Volume 5 ‑ Remoteness Structure, July 2011”, published by the Australian Statistician, as amended from time to time; or
(b) the most recent replacement document that is published by the Australian Statistician, as amended from time to time.
Australia, when used in a geographical sense, includes the external Territories.
Committee means the Parliamentary Joint Committee on Regional Development and Decentralisation for the time being constituted under this Act.
hearing means a hearing held for the purposes of an inquiry.
inquiry means an inquiry held under this Act.
member of the Office includes the Chair of the Office.
Office means the Office for Regional Australia.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
regional Australia means an area that is classified as inner regional, outer regional, remote or very remote under the ABS Remoteness Structure.
rules means rules made under section 52.
staff of the Office means the staff described in section 46.
vacancy, in relation to the office of a member of the Office, has a meaning affected by section 37.
5 Extension to external Territories
This Act extends to every external Territory.
6 Act binds Crown
(1) Subject to this section, this Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) Nothing in this Act makes the Crown liable to prosecution for an offence against this Act.
(3) The protection in subsection (2) does not apply to an authority of the Commonwealth.
Part 2—Office for Regional Australia
Division 1—Establishment and functions
7 Office for Regional Australia
(1) The Office for Regional Australia is established by this section.
(2) The Office consists of the following members:
(a) a Chair;
(b) at least 4, and not more than 6, other members.
(3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the Office is a listed entity; and
(b) the Chair is the accountable authority of the Office; and
(c) the following persons are officials of the Office:
(i) the Chair of the Office;
(ii) the other members of the Office;
(iii) the staff of the Office referred to in section 46;
(iv) consultants engaged under section 47; and
(d) the purposes of the Office include the functions of the Office referred to in section 8.
8 Functions of the Office
Conduct inquiries and undertake research
(1) The Office is to:
(a) hold inquiries about matters relating to policy impacting regional Australia, regional development or decentralisation that are referred to it by the Minister, and to report to the Minister about that matter; and
(b) undertake, on its own initiative, research about matters relating to policy impacting regional Australia, regional development or decentralisation.
Note: A matter initially raised by the Regional Development Australia committees may then referred by the Minister or researched on the initiative of the Office.
(2) Without limiting paragraph (1)(a), an inquiry may be about matters relating to the implementation of Commonwealth regulation, grants programs, policies, or initiatives, in regional Australia.
Coordinate, collaborate, innovate
(3) The Office is to:
(a) support the development of innovation and experimentation in relation to policy impacting regional Australia, regional development or decentralisation through research and coordination of policy trials, in partnership with government and non‑government bodies; and
(b) support cross‑jurisdictional cooperation and engagement on regional policy, collaborating across government and jurisdictions; and
(c) provide secretariat services and research services to support collaboration on regional policy between government bodies, as directed by the Minister.
Support RDA and regional deal making
(4) The Office is to:
(a) work cooperatively, as far as possible, with the Regional Development Australia committees in support of their charter; and
(b) to undertake research services at the request of the Regional Development Australia committees, in accordance with section 27; and
(c) provide advice to the Minister about matters relating to regional deals and regional planning, as requested by the Minister; and
(d) support the Minister and Regional Development Australia committees in the development of regional deals and regional strategic plans; and
(e) evaluate and report on the delivery and effectiveness of existing regional deals.
Educate and report on regional impacts
(5) The Office is to:
(a) promote public understanding of matters relating to policy impacting regional Australia, regional development or decentralisation; and
(b) to provide a report on 1 October each year, including an analysis of the impacts of budget initiatives and recommendations on implementation to achieve intended policy outcomes in regional areas.
Other functions
(6) The Office also has the following functions:
(a) to provide the Minister with such assistance as the Minister requires for the purpose of preparing a report in accordance with section 33;
(b) to perform any other function conferred on it by this Act;
(c) to do anything incidental to any of its functions.
Powers
(7) The Office has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
9 Flexibility and range of working methods in performance of Office’s functions
In the performance of its functions, the Office:
(a) is not required to act in a formal manner; and
(b) may inform itself on any matter in any way it thinks fit; and
(c) may consult with anyone it thinks fit; and
(d) may receive written or oral information or submissions; and
(e) may hold public seminars, conduct workshops and establish working groups and task forces.
Division 2—Inquiries by the Office
10 Reference of matters to Office for inquiry
(1) In referring a matter to the Office for inquiry, the Minister may, for the purpose of ensuring that the inquiry is conducted in the manner appropriate to that inquiry, do any or all of the following:
(a) require the Office to hold hearings for the purposes of the inquiry;
(b) specify a period within which the Office must submit its report on the inquiry to the Minister;
(c) require the Office to make a draft report available to the public during an inquiry;
(d) require the Office to make recommendations in relation to the matter;
and the Office must act accordingly.
(2) The Office must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Office.
Note: The Minister must table the report (see section 23).
(3) The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Office.
(4) If the Minister refers a matter to the Office for inquiry, the Office may also make recommendations in the report on any matters relevant to the matter referred.
11 Notice of inquiry
As soon as practicable after the Office receives a reference to hold an inquiry, it must give reasonable notice in each State and Territory, by advertisement published in a newspaper circulating in the State or Territory, of its intention to hold the inquiry.
12 Notice of hearings
Before the Office begins to hold hearings for the purposes of an inquiry, it must give reasonable notice in each State and Territory, by advertisement published in a newspaper circulating in the State or Territory, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to be begun.
13 Procedure at hearings
(1) A hearing must be held in public except in the circumstances set out in subsection (2).
(2) If the Office is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:
(a) direct that the hearing, or that part of it, take place in private; and
(b) give directions as to who may be present.
(3) Section 45 applies to a hearing, so far as that section is capable of so applying, as if the hearing were a meeting of the Office.
14 Notice to person to provide information and documents
(1) If the Office:
(a) is required to hold hearings for the purposes of an inquiry; and
(b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;
the Chair may, by written notice served on the person, require the person to send to the Office:
(c) a statement signed by the person, setting out the specified information; and
(d) specified documents.
(2) The notice must specify the period within which the statement and documents referred to in subsection (1) must be sent to the Office. The period must be a period of at least 14 days commencing on the day the notice is served.
(3) A person must not intentionally fail to send to the Office the statement or documents that the person is required to send under subsection (1).
Penalty: Imprisonment for 6 months.
15 Summons to person to attend hearing
(1) The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.
(2) A person served with a summons to appear at a hearing must not intentionally:
(a) fail to attend as required by the summons; or
(b) fail to attend from day to day.
Penalty: Imprisonment for 6 months.
(3) Paragraph (2)(b) does not apply if the person is excused, or released from further attendance, by the Chair.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
16 Refusal to answer questions or produce documents
A person appearing as a witness at a hearing must not refuse or fail:
(a) to answer a question as required by the Chair; or
(b) to produce a document as required by a summons served on the person under section 15.
Penalty: Imprisonment for 6 months.
17 Preservation of the privilege against self‑incrimination
(1) Subject to subsection (2), a person who would, apart from this subsection, be required to:
(a) send a statement or document to the Office under section 14; or
(b) answer a question or produce a document under section 16;
need not comply with that requirement if so complying would:
(c) tend to incriminate the person; or
(d) result in further attempts to obtain evidence that would tend to incriminate the person.
(2) Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.
18 False or misleading evidence or information
If the Office is required to hold hearings for the purposes of an inquiry, a person must not, in relation to the inquiry:
(a) give information to the Office, whether orally or in writing, that the person knows to be false or misleading in a material particular; or
(b) give evidence at a hearing before the Office that the person knows to be false or misleading in a material particular; or
(c) send to the Office, under section 14, a statement or document containing material that the person knows to be false or misleading in a material particular.
Penalty: Imprisonment for 6 months.
19 Restrictions on publication of evidence
(1) If the Office directs that a hearing, or part of it, take place in private, the Office may give directions prohibiting or restricting the publication of:
(a) evidence given before the hearing (including evidence given prior to a direction that part of the hearing take place in private); or
(b) matters contained in documents given to the Office in connection with the hearing.
Note: Section 13 sets out the circumstances in which the Office may direct that a hearing, or part of it, be held be private.
(2) A person must not contravene a direction given under this section.
Penalty: Imprisonment for 6 months.
20 Documents produced in relation to inquiry
If documents are produced or given to the Office under this Part, the Office:
(a) may take possession of, and make copies of, or take extracts from, the documents; and
(b) may keep possession of the documents for so long as is necessary for the purposes of the inquiry to which they relate; and
(c) while it has possession of the documents, must permit them to be inspected at all reasonable times by people who would be entitled to inspect them if they were not in the possession of the Office.
21 Allowances to witnesses
A person who attends a hearing of the Office under a summons served under section 15 is entitled to be paid by the Commonwealth such allowances and expenses as are prescribed by the rules.
22 Written statements etc. to be made public
If:
(a) the Office is required to hold hearings for the purposes of an inquiry; and
(b) a person gives written evidence to the inquiry or gives or produces a document to the Office in connection with the inquiry;
the Office must make available to the public in any way it thinks fit the contents of the statement or document, other than any matter:
(c) that the person objects to being made public; and
(d) the evidence of which the Office is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.
23 Report of inquiry to be tabled
The Minister must cause a copy of the Office’s report on an inquiry to be tabled in each House of the Parliament:
(a) within 25 sitting days of that House after the day on which the Minister receives it; or
(b) if the Office recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.
Division 3—Advice, research and secretariat functions
24 Requests for advice
(1) If the Minister requests the Office’s advice on a matter, the Minister may specify any or all of the following:
(a) that the advice is to be in writing;
(b) a period within which the advice is to be given;
(c) any matter to which the Office is to have regard in giving the advice;
and the Office must act accordingly.
(2) The Minister may withdraw or amend the request at any time before the Office gives the advice.
(3) If the Minister requests the Office’s advice on a matter, the Office may also advise the Minister on any matters it considers relevant to the matter.
25 Minister must table Office’s advice
(1) The Minister cause a copy of any advice given by the Office under section 24 to be tabled in each House of the Parliament within 15 sittings days of that House after the Minister receives the advice.
(2) Before tabling the copy of the advice, the Minister may delete from the copy information whose publication would, in the Minister’s opinion, be contrary to the public interest.
26 Secretariat services and research services to government bodies
(1) If the Minister directs the Office to provide secretariat services or research services to a government body, the direction must be in writing.
(2) The Minister may, in writing, specify conditions on which the Office is to provide the services.
27 Research services on request of RDA committees
(1) If:
(a) the RDA committees request the Office to undertake a specified research project for the RDA committees; and
(b) the project relates to a matter or matters relating to policy impacting regional Australia, regional development or decentralisation; and
(c) the Minister consents, in writing, to the Office undertaking the project;
the Office may undertake the project.
(2) The Minister may, in writing, specify conditions on which the Office is to undertake the project.
Division 4—Regional Australia impact reports
28 Regional Australia impact reports
(1) On 1 October each year, the Office must give the Minister a written report including an assessment of the impact of the Commonwealth Government’s budget decisions on regional Australia.
(2) A report under this section is to be known as a regional Australia impact report.
(3) A regional Australia impact report is to contain information about:
(a) the likely impacts on regional Australia of key Commonwealth Government initiatives, or significant changes to such initiatives, announced since the or in connection with the previous budget; and
(b) recommendations on the approach to implementation of key Commonwealth Government initiatives to improve outcomes for regional Australia; and
(c) the effectiveness of service delivery of key Commonwealth Government initiatives in regional Australia; and
(d) areas of duplication or overlap of key Commonwealth Government initiatives in regional Australia with existing initiatives in the Commonwealth or other jurisdictions.
(4) A regional Australia impact report is to be prepared having regard to the following:
(a) the economic, social, cultural and environmental impacts of Commonwealth Government initiatives;
(b) the economic drivers of regional communities;
(c) the disproportionate effect that Government initiatives may have in regional communities due to a lack of infrastructure, including:
(i) mobile phone coverage; and
(ii) reliable internet connections; and
(iii) access to public transport;
(d) the lack of access that people living in regional communities have to government services due to cost, and long travel distances and times;
(e) the effect that lack of competition in regional communities has on:
(i) the cost of living and doing business in regional communities; and
(ii) the cost and difficulty involved in complying with regulatory requirements for people and businesses in regional communities;
(f) adaptation of initiatives to suit local needs, especially in thin markets where economies of scope should be reported on alongside economies of scale.
(5) The Minister must cause a regional Australia impact report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
Note: Under section 32, the Parliamentary Joint Committee on Regional Development and Decentralisation must examine, and report to both Houses of the Parliament, on the report.
Part 3—Parliamentary Joint Committee on Regional Development and Decentralisation
29 Parliamentary Joint Committee on Regional Development and Decentralisation
As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Regional Development and Decentralisation, is to be appointed according to the practice of the Parliament.
30 Membership of the Committee
(1) The Committee is to consist of 10 members:
(a) 5 members of the Senate appointed by the Senate; and
(b) 5 members of the House of Representatives appointed by that House.
(2) A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:
(a) a Minister; or
(b) the President of the Senate; or
(c) the Speaker of the House of Representatives.
(3) A member ceases to hold office:
(a) when the House of Representatives expires by effluxion of time or is dissolved; or
(b) if he or she becomes the holder of an office specified in any of the paragraphs of subsection (2); or
(c) if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or
(d) if he or she resigns his or her office as provided by subsection (4) or (5).
(4) A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.
(5) A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.
(6) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.
31 Powers and proceedings of the Committee
All matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.
32 Functions of the Committee
The Committee has the following functions:
(a) to examine:
(i) each regional Australia impact report; and
(ii) each report on an inquiry tabled under section 23;
(b) to monitor and review the Regional Development Australia committee program;
(c) to monitor and review the implementation of the Regional City Deals program;
(d) to examine incentive and strategies to improve private sector investment in regional areas;
(e) to review existing decentralisation of both public and private sector entities and identify further potential opportunities for decentralisation;
(f) to undertake inquiries into matters relating to regional development and decentralisation referred to it by either House of the Parliament;
(g) to report the Committee’s comments and recommendations to each House of the Parliament.
Part 4—Ministerial reports on regional Australia
33 Ministerial reports on regional Australia
(1) The Minister must cause to be prepared reports providing a statement of Commonwealth Government policy relating to regional Australia.
(2) A report under subsection (1) must cover, but is not limited to, the following matters:
(a) a consideration of regional Australia’s population needs as part of the broader national context, including urbanisation, ageing, depleting populations in smaller towns, and migration;
(b) the use of the skilled migration program to support regional development;
(c) strategies to improve education and training of young people (in particular Year 12 completion rates) in regional areas;
(d) the development of a national regional higher education strategy;
(e) the need for access in regional areas to information technology, strong and reliable communication, specifically mobile phone and NBN;
(f) the need for strong and reliable transport infrastructure to support passenger and freight requirements;
(g) the role of amenity and social infrastructure, specifically the cultivation of social, cultural and community capital in supporting regional development;
(h) incentives and strategies to improve private sector investment in regional areas;
(i) the role and funding of local governments to better support regional areas.
(3) The Minister must cause public consultation to be carried out on a draft of each report under subsection (1).
(4) The Minister must cause a copy of a report under subsection (1) to be tabled in each House of the Parliament at least once every 5 years.
Part 5—Administrative provisions for the Office
Division 1—Appointment of members of the Office
34 Appointment of members of the Office
(1) Each member of the Office is to be appointed by the Minister by written instrument.
Note: A member of the Office may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) A person must not be appointed as a member of the Office unless the person has, in the opinion of the Minister, qualifications and experience relevant to the Office’s functions.
(3) In appointing a person as a member of the Office the Minister must ensure that, as far as practicable, there is a balance of gender among members of the Office.
(4) The Chair must be appointed on a full‑time basis.
(5) The other members of the Office may be appointed either on a full‑time or part‑time basis.
35 Period of appointment for members of the Office
A member of the Office holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
36 Acting members of the Office
Acting Chair of the Office
(1) The Minister may, by written instrument, appoint a person to act as the Chair of the Office:
(a) during a vacancy in the office of the Chair of the Office (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair of the Office:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Acting member of the Office (other than the Chair of the Office)
(2) The Minister may, by written instrument, appoint a person to act as a member of the Office (other than the Chair of the Office):
(a) during a vacancy in the office of a member of the Office (other than the Chair of the Office), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a member of the Office (other than the Chair of the Office):
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
37 Vacancy in the office of a member of the Office
For the purposes of a reference in:
(a) this Act to a vacancy in the office of a member of the Office; or
(b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 6 offices of members of the Office in addition to the Chair of the Office.
Division 2—Terms and conditions for members of the Office
38 Remuneration
(1) A member of the Office 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 rules.
(2) A member of the Office is to be paid the allowances that are prescribed by the rules.
(3) Subsection 7(13) of the Remuneration Tribunal Act 1973 does not in relation to the office of member of the Office.
Note: The effect of this subsection is to require remuneration of a member of the Office that is determined by the Remuneration Tribunal to be paid out of money appropriated by the Parliament by an Act other than the Remuneration Tribunal Act 1973.
(4) Subject to subsection (3), this section has effect subject to the Remuneration Tribunal Act 1973.
39 Disclosure of interests
(1) A disclosure by a member of the Office under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Office is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.
40 Paid work
(1) If a member of the Office is appointed on a full‑time basis, the member must not engage in paid work outside the duties of his or her office without the Minister’s approval.
(2) If a member of the Office is appointed on a part‑time basis, the member must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the member’s duties.
41 Leave of absence
(1) If a member of the Office 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 a member of the Office is appointed on a part‑time basis, the Minister may grant the member leave of absence on the terms and conditions that the Minister determines.
42 Resignation
(1) A member of the Office 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.
43 Termination of appointment
(1) The Minister may terminate the appointment of a member of the Office:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of a member of the Office 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 the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(b) if the member is appointed on a full‑time basis—the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) if the member is appointed on a full‑time basis—the member engages, except with the Minister’s approval, in paid work outside the duties of the member’s office (see subsection 40(1)); or
(d) if the member is appointed on a part‑time basis—the member engages in paid work that conflicts or may conflict with the proper performance of the member’s duties (see subsection 40(2)); or
(e) in any case—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.
44 Other terms and conditions
A member of the Office holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Division 3—Operation of the Office
45 Meetings of Office
(1) The Chair is to convene such meetings of the Office he or she thinks necessary for the efficient performance of the functions of the Office.
(2) Meetings are to be held at such places as the Chair determines.
(3) The Chair must preside at all meetings.
(4) The Chair may give directions regarding the procedure to be followed at or in connection with a meeting.
(5) At a meeting:
(a) the Chair and 3 other members form a quorum; and
(b) questions must be decided by a majority of votes of the members present and voting; and
(c) the Chair has a deliberative vote and, if necessary, also has a casting vote.
(6) The Chair may permit a person to participate in, or a member to form a part of a quorum at, a meeting by means of telephone, closed circuit television or any other method of communication.
(7) A power of the Chair under subsection (1), (2), (4) or (6) must be exercised, so far as practicable, only after consultation with the members.
Division 4—Staff of the Office etc.
46 Staff
(1) The staff of the Office are to be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Chair and the staff of the Office together constitute a Statutory Agency; and
(b) the Chair is the Head of that Statutory Agency.
47 Consultants
The Chair may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Office’s functions.
Part 6—Miscellaneous
48 Protection from civil actions
(1) Civil proceedings may not be brought against a member of the Office, or a person acting under the direction or authority of a member, in relation to loss, damage or injury of any kind suffered by a person in the course of the proper performance or exercise of the Office’s functions or powers.
(2) Civil proceedings may not be brought against a person in relation to loss, damage or injury of any kind suffered by another person because the first‑mentioned person:
(a) made a statement or submission; or
(b) gave information or a document;
in good faith to the Office in the course of the proper performance or exercise of the Office’s functions or powers.
49 Hindering or disrupting Office
A person must not:
(a) obstruct or hinder a member of the Office in the performance of the Office’s functions; or
(b) disrupt a hearing before the Office.
Penalty: Imprisonment for 6 months.
50 Intimidation etc.
A person must not:
(a) threaten, intimidate or coerce another person; or
(b) cause or procure damage, loss or disadvantage to another person;
because that other person:
(c) proposes to give, or has given, information or documents to the Office; or
(d) proposes to give evidence, or has given evidence, at a hearing held for the purposes of an inquiry; or
(e) proposes to assist, or has assisted, the Office in the performance of its functions in any other way.
Penalty: Imprisonment for 6 months.
51 Constitutional limits
(1) The Office may perform its functions only:
(a) for purposes relating to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or
(b) for purposes relating to the executive power of the Commonwealth; or
(c) by way of the provision of service to:
(i) the Commonwealth; or
(ii) an authority of the Commonwealth;
for a purpose of the Commonwealth; or
(d) by way of the use of a postal, telegraphic, telephonic or other like service; or
(e) for purposes relating to the collection of statistics; or
(f) for purposes related to external affairs, including:
(i) giving effect to any international agreement to which Australia is a party; and
(ii) addressing matters of international concern; and
(iii) by way of the performance of its functions in a place outside Australia; or
(g) in, or for purposes relating to, a Territory; or
(h) in, or for purposes relating to, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
(i) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
(2) A term used in subsection (1) and the Constitution has the same meaning in that subsection as it has in the Constitution.
(3) This Act does not enable a power to be exercised to the extent that it would impair the capacity of a State to exercise its constitutional powers.
52 Rules
(1) The Minister may, by legislative instrument, make rules (rules) prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.