INDUSTRIES ASSISTANCE COMMISSION ACT 1973 [Note: This Act is "repealed" by Act No. 9 of 1990]
(#DATE 31:03:1985)
- Reprinted as at 31 March 1985
*1*The Industries Assistance Commission Act 1973 as shown in this reprint
comprises Act No. 169, 1973 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
--------------------------------------------------------------------------------
Industries Assistance 169,1973 11 Dec 1973 1 Jan 1974 (see Gazette
Commission Act 1973 1973, No. 193, p. 3)
Administrative Changes 91,1976 20 Sept 1976 S. 3: (a) S.4
(Consequential
Provisions)Act 1976
Industries Assistance 1, 1978 9 Mar 1978 9 Mar 1978 S. 18
Commission
Amendment Act 1978
Commonwealth Functions 74, 1981 18 June 1981 Part XIV (ss. 203-206):
(Statutes Review) Act 26 June 1981 Ss. 206 and
1981 (see 264
Gazette 1981,
No. S127,
p. 1)(b)
Statute Law 80, 1982 22 Sept 1982 Part LXXVII
(Miscellaneous (s. 280): S. 280 (2) and
Amendments) Act Royal Assent (c) (3)
(No. 2) 1982
Industries Assistance 21, 1983 14 June 1983 1 July 1983
Commission (see s. 2 and -
Amendment Act 1983 Gazette 1983,
No. S136,
p. 3)
Industries Assistance 75, 1983 3 Nov 1983 S. 13: 1 July
Commission 1983 Ss. 6 (2), 7 (2)
Amendment Act (No. 2) Remainder:
1983 1 Dec 1983 11 (2) and 12 (2)
Customs Tariff 2, 1984 14 Mar 1984 14 Mar 1984 -
Anti-Dumping)
Miscellaneous
Amendments Act 1984
Public Service Reform Act
1984 63, 1984 25 June 1984 S. 151 (1):
1 July 1984 S. 151 (9)
(see Gazette S245, p. 1) (d)
as amended by
Statute Law 165, 1984 25 Oct 1984 S. 3: (e) Ss. 2 (32) and 6
Miscellaneous Provisions) (1)
Act (No. 2) 1984
Statute Law 72, 1984 25 June 1984 S. 3: (f) Ss. 2 (24) and
(Miscellaneous 5 (1)
Provisions) Act (No. 1)
1984
Industries Assistance 118, 1984 18 Oct 1984 18 Oct 1984 Ss. 4 (2),
Commission 6 (2)-
Amendment Act 1984 (4), 11 (2),
(3),
12 (2)-(6), 13
(2), (3), 22
(2),
32 and 33
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(a) The Industries Assistance Commission Act 1973 was amended by section 3
only of the
Administrative Changes (Consequential Provisions) Act 1976, sub-section 2
(7) of which provides
as follows:
"(7) The amendments of each other Act specified in the Schedule made by
this Act shall be
deemed to have come into operation on 22 December 1975."
(b) The Industries Assistance Commission Act 1973 was amended by Part XIV
(sections 203-206)
only of the Commonwealth Functions (Statutes Review) Act 1981,
sub-section
2 (8) of which provides as follows:
"(8) Parts XIV and XVIII shall come into operation on the day on which
the Petroleum Products Pricing Act 1981 comes into operation."
(c) The Industries Assistance Commission Act 1973 was amended by Part LXXVII
(section 280)
only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982,
sub-section 2 (1) of which provides as follows:
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI,
XLIV,
LI, LIII, LIV,
LXI and LXXVII shall come into operation on the day on which this Act
receives the Royal Assent."
(d) The Industries Assistance Commission Act 1973 was amended by section 151
(1) only of the
Public Service Reform Act 1984, sub-section 2 (4) of which provides
as follows:
"(4) The remaining provisions of this Act shall come into operation on
such day as is, or on
such respective days as are, fixed by Proclamation."
(e) The Public Service Reform Act 1984 was amended by section 3 only of the
Statute Law
(Miscellaneous Provisions) Act (No. 2) 1984, sub-section 2 (21) of which
provides as follows:
"(21) The amendments of the Public Service Reform Act 1984 made by this
Act shall -
(b) in the case of the amendments of Items 1 and 3 of Schedule 4 to the
first-mentioned
Act - be deemed to have come into operation on July 1984."
(f) The Industries Assistance Commission Act 1973 was amended by section 3
only
of the Statute
Law (Miscellaneous Provisions) Act (No. 1) 1984, sub-section 2 (13) of
which
provides as follows:
"(13) The amendment of the Industries Assistance Commission Act 1973
made
by this Act
shall be deemed to have come into operation on 1 December 1983."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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Provision affected How affected
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Title . . . . . . . rs. No. 1, 1978
S. 3 . . . . . . . am. No. 118, 1984
S. 4 . . . . . . . am. No. 1, 1978; No. 75, 1983; No. 118, 1984
S. 5 . . . . . . . am. No. 118, 1984
S. 6 . . . . . . . am. No. 1, 1978
Ss. 7, 8 . . . . . . am. No. 118, 1984
S. 12 . . . . . . . rs. No. 1, 1978
S. 13 . . . . . . . am. No. 118, 1984
S. 15 . . . . . . . am. No. 75, 1983
S. 16 . . . . . . . am. No. 1, 1978; No. 75, 1983; No. 118, 1984
S. 17 . . . . . . . rs. No. 75, 1983
am. No. 72, 1984
Ss. 18, 19. . . . . . am. No. 118, 1984
S. 20 . . . . . . . am. No. 75, 1983
Heading to Part III . . . rs. No. 118, 1984
S. 21 . . . . . . . am. No. 118, 1984
S. 22 . . . . . . . am. No. 1, 1978; Nos. 2 and 118, 1984
S. 23 . . . . . . . am. No. 91, 1976; No. 1, 1978; No. 74, 1981;
No. 80, 1982; Nos. 21
and 75, 1983; Nos. 2 and 118, 1984
S. 23A . . . . . . ad. No. 1, 1978
rs. No. 118, 1984
S. 24 . . . . . . . am. No. 91, 1976; No. 1, 1978; No. 80, 1982;
No. 75, 1983
rep. No. 118, 1984
Heading to Div. 1 of Part ad. No. 1, 1978
IV Div. 1 of Part IV
(ss. 25-28) rep. No. 118, 1984
S. 25 . . . . . . . am. No. 1, 1978; No. 74, 1984; No. 75, 1983
rep. No. 118, 1984
S. 26 . . . . . . . rs. No. 1, 1978; No. 75, 1983
rep. No. 118, 1984
S. 27 . . . . . . . rs. No. 1, 1978
rep. No. 118, 1984
S. 28 . . . . . . . rs. No. 1, 1978
am. No. 75, 1983
rep. No. 118, 1984
Heading to Div. 2 of Part ad. No. 1, 1978
IV rep. No. 118, 1984
S. 29 . . . . . . . rs. No. 1, 1978
am. No. 118, 1984
S. 29AA . . . . . . ad. No. 118, 1984
S. 29A . . . . . . ad. No. 1, 1978
rs. No. 118, 1984
S. 30 . . . . . . . rs. No. 1, 1978
am. No. 118, 1984
S. 30A . . . . . . ad. No. 1, 1978
rs. No. 118, 1984
S. 30B. . . . . . . ad. No. 1, 1978
am. No. 118, 1984
S. 30C. . . . . . . ad. No. 1, 1978
rep. No. 118, 1984
S. 30D . . . . . . ad. No. 1, 1978
rs. No. 118, 1984
Ss. 30E-30G. . . . . ad. No. 1, 1978
rep. No. 118, 1984
S. 30H . . . . . . ad. No. 1, 1978
rs. No. 118, 1984
S. 30J. . . . . . . ad. No. 1, 1978
am. No. 118, 1984
S. 30JA . . . . . . ad. No. 75, 1983
rep. No. 118, 1984
Heading to Div. 3 of Part ad. No. 1, 1978
IV Div. 3 of Part IV
(ss. 30K, rep. No. 118, 1984
31) S. 30K . . . . . . ad. No. 1, 1978
rep. No. 118, 1984
S. 31 . . . . . . . rep. No. 118, 1984
Ss. 31A, 31B . . . . ad. No. 118, 1984
S. 32 . . . . . . . am. No. 118, 1984
Ss. 32A-32C . . . . . ad. No. 118, 1984
S. 33 . . . . . . . rs. No. 118, 1984
S. 34 . . . . . . . rep. No. 118, 1984
S. 35 . . . . . . . rs. No. 118, 1984
S. 36 . . . . . . . rep. No. 118, 1984
S. 37 . . . . . . . rs. No. 118, 1984
S. 37A . . . . . . ad. No. 118, 1984
Ss. 38-40. . . . . . am. No. 118, 1984
S. 40A . . . . . . ad. No. 118, 1984
S. 41 . . . . . . . am. No. 1, 1978
rs. No. 118, 1984
S. 42 . . . . . . . am. 118, 1984
S. 43 . . . . . . . am. No. 1, 1978; No. 63, 1984 (as am. by No. 165,
1984); No. 118, 1984
S. 44 . . . . . . . am. No. 1, 1978
rep. No. 118, 1984
S. 45 . . . . . . . am. No. 1, 1978; No. 118, 1984
Schedule. . . . . . . rep. No. 118, 1984
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INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I - PRELIMINARY
Section
1. Short title
2. Commencement
3. Tariff Board
4. Interpretation
PART II - CONSTITUTION OF COMMISSION
5. Establishment of Commission
6. Outside employment
7. Period of appointment
8. Associate Commissioners
9. Chairman of Commission
10. Delegation by Chairman
11. Executive Commissioner
12. Remuneration and allowances
13. Leave of absence
14. Resignation of Commissioners
15. Retirement from office
16. Suspension and removal from office
17. Acting appointments
18. Meetings of Commission
19. Chairman may authorize Commission to sit in Divisions
20. Disclosure of interests
PART III - REFERENCE OF MATTERS TO COMMISSION
21. Functions of Commission under Part III
22. General policy guidelines for Commission
23. Reference of matters to Commission
23A. Report of Commission pursuant to reference
PART IV - TEMPORARY ASSISTANCE
29. Interpretation
29AA. Functions of Commission under Part IV
29A. Policy guidelines for inquiry into temporary assistance
30. Request by Minister for inquiry into temporary assistance
30A. Inquiry into, and report on, temporary assistance
30B. Action to provide temporary assistance
30D. Period of temporary assistance
30H. Action by Minister to terminate assistance
30J. Operation of section 23
PART V - CONDUCT OF INQUIRIES
31A. General conduct of inquiries
31B. Notice to person to furnish information and documents
32. Notice of inquiries
32A. Commission to prepare draft report
32B. Power to hold hearings
32C. Summons to person to attend hearing
33. Procedure at hearings
35. Failure of person summoned to attend
37. Refusal to answer questions or produce documents
37A. False or misleading evidence or information
38. Protection of Commissioners and witnesses
39. Contempt of Commission
40. Powers of Commission in relation to documents produced
40A. Written statements and submissions to be made public
41. Allowances to witnesses
42. Person prejudiced in employment by reason of assisting Commission
PART VI - MISCELLANEOUS
43. Staff
45. Annual Report
46. Regulations
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - LONG TITLE
SECT
An Act relating to the provision of assistance to industries
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - PART I
PART I - PRELIMINARY
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 1
Short title
SECT
1. This Act may be cited as the Industries Assistance Commission Act
1973.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 3
Tariff Board
SECT
3.
(2) Where the Tariff Board is referred to in a provision of any other Act,
the reference to the Tariff Board in that provision shall, except in relation
to reports made by the Tariff Board bfore the commencement of this Act, be
construed as a reference to the Commission.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears -
"Associate Commissioner" means an Associate Commissioner of the Commission;
"Chairman" means the Chairman of the Commission and includes a person acting
as Chairman of the Commission;
"Commission" means the Industries Assistance Commission established by this
Act, and includes a Division of that Commission performing functions of that
Commission;
"Commissioner" means a Commissioner of the Commission and includes the
Chairman and a person acting as a Commissioner;
"duties" means duties of customs but does not include duties of customs
imposed in accordance with the Customs Tariff (Anti-Dumping) Act 1975;
"goods" includes -
(a) animals, poultry and fish; and
(b) minerals, trees and crops, whether on, under or attached to
land or not;
"hearing" means a hearing held by the Commission for the purposes of an
inquiry;
"industry" means a primary industry, secondary industry or tertiary industry
and includes any business or activity concerned with or related to the
production or supply of goods or the supply of services;
"inquiry" means an inquiry held by the Commission in accordance with this
Act;
"production", in relation to goods being minerals, includes recovery and
treatment;
"tertiary industry" includes a service industry.
(2) For the purposes of this Act -
(a) a reference to assistance includes a reference to assistance by way of
the imposition of duties or the doing of any other act that would in any way,
directly or indirectly, assist a person to carry on a business or activity or
confer a pecuniary benefit on, or result in a pecuniary benefit accruing to,
or a person in respect of the carrying on of a business or activity;
(b) a reference to the provision of financial assistance is a reference to
the provision of assistance by way of making payments of moneys to persons
engaged in the industry concerned, but does not include a reference to the
provision of assistance by way of making such payments where equivalent
amounts of moneys have been raised by a tax imposed on the industry for the
purpose of providing the assistance;
(c) a reference to assistance, or financial assistance, by the Commonwealth
Government is a reference to such assistance -
(i) under a law of the Commonwealth passed for the purpose of
providing assistance to the industry concerned;
(ii) under an appropriation made by a law of the Commonwealth,
being an appropriation made for the purpose of providing
assistance to the industry concerned; or
(iii) under a scheme formulated for the purpose of providing
assistance to the industry concerned, being a scheme that is
wholly or partly dependent for its operation on, or on the doing
of any act under, such a law or on the making of payments out
of such an appropriation; and
(d) the payment of moneys to a body corporate established for a public
purpose by or under a law of the Commonwealth or of a State or Territory,
being a body corporate that is engaged in an industry, shall be deemed not to
constitute the provision of financial assistance to that industry except to
the extent, if any, to which the moneys are applied by that body corporate in
providing financial assistance to other persons engaged in that industry.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - PART II
PART II - CONSTITUTION OF COMMISSION
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 5
Establishment of Commission
SECT
5. (1) There is hereby established an Industries Assistance Commission,
which shall consist of not less than 5 nor more than 9 Commissioners.
(2) The Commissioners shall be appointed by the Governor-General on a
full-time basis.
(3) The exercise of the powers and the performance of the duties and
functions of the Commission are not affected by reason only of the number of
Commissioners appointed by the Governor-General falling below 5 for a period
of not more than 3 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 6
Outside employment
SECT
6. (1) Except with the consent of the Minister, a Commissioner shall not
engage in paid employment outside the duties of his office.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 7
Period of appointment
SECT
7. (1) A Commissioner shall be appointed for such period, not exceeding 5
years, as is specified in the instrument of his appointment, but, subject to
this Act, is eligible for re-appointment.
(2) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a Commissioner and a person shall not be appointed or
re-appointed as a Commissioner for a period that extends beyond the date on
which he will attain the age of 65 years.
(3) A Commissioner holds office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 8
Associate Commissioners
SECT
8. (1) The Minister, after consultation with the Chairman, may appoint
persons to be Associate Commissioners.
(2) An Associate Commissioner shall be appointed for such period, not
exceeding 5 years, as is specified in the instrument of appointment, but,
subject to this Act, is eligible for re-appointment.
(2A) An Associate Commissioner may be appointed on a full-time or part-time
basis.
(3) Subject to this Part, an Associate Commissioner holds office on such
terms and conditions as the Minister determines.
(4) An Associate Commissioner shall be deemed to be a Commissioner for the
purposes of the exercise of any powers, or the performance of any functions or
duties, of a Commissioner in relation to an inquiry and report by a Division
of the Commission of which the Associate Commissioner is a member, and, unless
the contrary intention appears, a reference in this Act to a Commissioner
shall, for those purposes, be construed as including a reference to an
Associate Commissioner.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 9
Chairman of Commission
SECT
9. (1) The Governor-General shall appoint a person who is, or is to be, a
Commissioner to be the Chairman of the Commission.
(2) It is the duty of the Chairman to ensure the efficient and orderly
conduct of the business of the Commission and, for that purpose, he has, in
addition to any other power, duty or function under this Act, power -
(a) to convene meetings of the Commission;
(b) to determine the form of the records of meetings of the Commission to be
kept in accordance with this Act and the procedure to be adopted at such
meetings; and
(c) to direct and control travel by Commissioners in connexion with their
duties.
(3) A power of the Chairman under paragraph (2) (a) or (b) shall be
exercised, as far as practicable, only after consultation with the
Commissioners.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 10
Delegation by Chairman
SECT
10. (1) The Chairman may, by writing signed by him, delegate any of his
powers, duties and functions under this Act (except this power of delegation)
to a Commissioner or an Associate Commissioner.
(2) A power, duty or function so delegated may be exercised or performed by
the delegate in accordance with the instrument of delegation but, where it is
so delegated to an Associate Commissioner, it shall not be exercised or
performed except for the purposes of an inquiry and report to be made by a
Division of the Commission of which he is a member.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a duty or function by
the Chairman.
(4) A delegation under this section continues in operation during an absence
or suspension of the Chairman, or during a vacancy in the office of Chairman,
unless and until it is revoked by the Commissioner acting as Chairman during
the absence, suspension or vacancy.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 11
Executive Commissioner
SECT
11. (1) The Chairman may appoint one of the Commissioners to be the
Executive Commissioner.
(2) A Commissioner who is appointed to be the Executive Commissioner shall
assist the Chairman in the performance of his duties and the exercise of his
powers.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 12
Remuneration and allowances
SECT
12. (1) The Chairman, the other Commissioners and the Associate
Commissioners shall be paid such remuneration as is determined by the
Remuneration Tribunal.
(2) The Chairman, the other Commissioners and the Associate Commissioners
shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 13
Leave of absence
SECT
13. (1) The Minister may grant to a Commissioner, or to an Associate
Commissioner appointed on a full-time basis, leave of absence on such terms
and conditions as to remuneration and otherwise as the Minister determines.
(2) The Minister may, by writing signed by him, delegate to the Chairman his
powers under sub-section (1) in relation to Commissioners (other than the
Chairman) and Associate Commissioners.
(3) A power so delegated may be exercised by the Chairman in accordance with
the instrument of delegation.
(4) A delegation under this section is revocable at will and does not
prevent the exercise of a power by the Minister.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 14
Resignation of Commissioners
SECT
14. (1) A Commissioner may resign his office by writing signed by him and
delivered to the Governor-General.
(2) An Associate Commissioner may resign his office by writing signed by him
and delivered to the Minister.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 15
Retirement from office
SECT
15. (1) The Governor-General may, with the consent of the Commissioner,
retire a Commissioner from office on the ground of invalidity.
(2) The Minister may, with the consent of the Associate Commissioner, retire
an Associate Commissioner from office on the ground of invalidity.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 16
Suspension and removal from office
SECT
16. (1) The Governor-General may suspend a Commissioner or an Associate
Commissioner from office on the ground of misbehaviour or physical or mental
incapacity.
(2) Where the Governor-General suspends a Commissioner or an Associate
Commissioner from office, the Minister shall cause a statement of the ground
of the suspension to be laid before each House of the Parliament within 7
sitting days of the House after the suspension.
(3) Where such a statement has been laid before a House of the Parliament,
that House may, within 15 sitting days of that House after the day on which
the statement has been laid before it, by resolution, declare that the
Commissioner or Associate Commissioner should be restored to office and, if
each House so passes a resolution, the Governor-General shall terminate the
suspension.
(4) If, at the expiration of 15 sitting days of a House of the Parliament
after the day on which the statement has been laid before that House, that
House has not passed such a resolution, the Governor-General may remove the
Commissioner or Associate Commissioner from office.
(5) If a Commissioner or Associate Commissioner becomes bankrupt, applies to
take the benefit of any law for the relief of bankrupt or insolvent debtors,
compounds with his creditors or makes an assignment of his remuneration for
their benefit, the Governor-General shall remove him from office.
(5A) If a Commissioner or an Associate Commissioner fails, without
reasonable excuse, to comply with his obligations under section 20, the
Governor-General shall remove that Commissioner or that Associate
Commissioner, as the case may be, from office.
(6) A Commissioner or Associate Commissioner shall not be removed from
office except as provided by this section.
(7) Where a Commissioner or Associate Commissioner who is an eligible
employee for the purposes of the Superannuation Act 1976 is removed from
office under sub-section (4) on the ground of physical or mental incapacity,
he shall be deemed, for the purposes of that Act, to have been retired on the
ground of invalidity on the day on which he was suspended from office.
(8) A Commissioner or Associate Commissioner who is suspended from office
under this section is not entitled to be paid any remuneration or allowances
in respect of the period of his suspension unless he is restored to office.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 17
Acting appointments
SECT
17. (1) The Minister may appoint a Commissioner to act as the Chairman -
(a) during a vacancy in the office of Chairman; or
(b) during any period, or during all periods, when the Chairman is absent
from duty or from Australia or is, for any other reason (including the reason
that the Chairman is suspended from office), unable to perform the duties of
his office,
but a Commissioner appointed to act during a vacancy shall not continue so to
act for more than 12 months.
(2) The Minister may appoint a person (including an Associate Commissioner)
to act as a Commissioner other than the Chairman -
(a) when there is a vacancy in the office of that Commissioner, or
(b) during any period, or during all periods, when that Commissioner is
absent from duty or from Australia or is, for any other reason (including the
reason that the Commissioner is acting as Chairman or is suspended from
office), unable to perform the duties of his office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(3) While a Commissioner is acting as the Chairman, he has and may exercise
all the powers, and shall perform all the functions, of the Chairman.
(4) While a person is acting as a Commissioner other than the Chairman he
has and may exercise all the powers, and shall perform all the functions, of
the Commissioner in whose place he is acting.
(5) An appointment of a person under sub-section (1) or (2) may be expressed
to have effect only in such circumstances as are specified in the instrument
of appointment.
(6) The Minister may -
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as the Chairman or as a
Commissioner other than the Chairman; and
(b) terminate such an appointment at any time.
(7) Where -
(a) a person is acting as the Chairman in accordance with paragraph (1) (b);
or
(b) a person is acting as a Commissioner other than the Chairman in
accordance with paragraph (2) (b),
and that office becomes vacant while that person is so acting, then, subject
to sub-section (5), that person may continue so to act until the Minister
otherwise directs, the vacancy is filled or a period of 12 months from the
date on which the vacancy occurred expires, whichever first happens.
(8) The appointment of a person to act as the Chairman or as a Commissioner
other than the Chairman ceases to have effect if he resigns his appointment by
writing signed by him and delivered to the Minister.
(9) The validity of anything done by a person purporting to act under
sub-section (1) or (2) shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
(10) For the purposes of this section, there shall be deemed to be 9 offices
of Commissioner.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 18
Meetings of Commission
SECT
18. (1) Subject to sub-section 9 (3) and to this section, the Chairman shall
convene such meetings of the Commission as he thinks necessary for the
efficient performance of the functions of the Commission.
(2) Meetings of the Commission shall be held at such places as the Chairman
determines.
(3) The Chairman shall preside at all meetings of the Commission.
(4) The Commission shall keep records of its meetings.
(5) Subject to this Act, the Chairman may give directions regarding the
procedure to be followed at or in connexion with a meeting of the Commission.
(6) At a meeting of the Commission -
(a) the Chairman and 3 other Commissioners form a quorum;
(b) all questions shall be decided by a majority of votes of the
Commissioners present and voting; and
(c) the Chairman has a deliberative vote and, in the event of an equality of
votes, also has a casting vote.
(7) This section has effect subject to section 19.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 19
Chairman may authorize Commission to sit in Divisions
SECT
19. (1) For the purposes of a particular inquiry and report, the Chairman
may, by writing signed by him, determine that the powers of the Commission
under this Act may be exercised by a Division of the Commission constituted by
the Chairman and such other Commissioner as is, or Commissioners as are,
specified in the determination.
(2) Where the Chairman has made a determination under sub-section (1), he
may, by writing signed by him, at any time before the Division of the
Commission specified in the determination has completed the inquiry and
report, amend the determination in relation to the constitution of the
Division or in any other respect, and, where the constitution of a Division of
the Commission is changed, the Division as constituted after the change may
complete the inquiry and report.
(4) For the purposes of an inquiry and report specified in a determination
made under sub-section (1), the Commission shall be deemed to consist of the
Division of the Commission specified in the determination.
(5) The Chairman is not required to attend a meeting of a Division of the
Commission (including a meeting at which a report to be made by the Division
is considered) if he does not think fit to do so and, in that case,
sub-section 18 (3) does not apply in relation to a meeting of that Division.
(6) At a meeting of a Division of the Commission at which the Chairman is
not present, a Commissioner nominated for the purpose by the Chairman shall
preside.
(7) At a meeting of a Division of the Commission constituted by 3 or more
Commissioners, 2 Commissioners form a quorum.
(8) A Division of the Commission may meet and exercise powers of the
Commission under this Act notwithstanding that another Division of the
Commission is meeting and exercising powers of the Commission at the same
time.
(9) In this section, "Commissioner" includes an Associate Commissioner.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 20
Disclosure of interests
SECT
20. (1) The Chairman shall give written notice to the Minister of all direct
and indirect pecuniary interests that he has or acquires in any business
carried on in Australia or in any body corporate carrying on any such
business.
(2) Where the Chairman has or acquires an interest, pecuniary or otherwise,
that could conflict with the proper performance of his functions during a
proceeding and the Chairman takes part in the proceeding, the interest shall
be disclosed in the report resulting from the proceeding.
(3) Where a Commissioner (other than the Chairman) has or acquires an
interest, pecuniary or otherwise, that could conflict with the proper
performance of his functions during a proceeding -
(a) he shall disclose the interest to the Chairman;
(b) except with the consent of the Chairman, he shall not take part, or
continue to take part, in the proceeding; and
(c) if he takes part, or continues to take part, in the proceeding - the
interest shall be disclosed in the report resulting from the proceeding.
(4) Where the Chairman becomes aware that a Commissioner (other than the
Chairman) has, in relation to a proceeding, an interest of the kind referred
to in sub-section (3) -
(a) if the Chairman considers that the Commissioner should not take part, or
should not continue to take part, in the proceeding - he shall give a
direction to the Commissioner accordingly; or
(b) in any other case - the interest of the Commissioner shall be disclosed
in the report resulting from the proceeding.
(5) Where a Commissioner (other than the Chairman) or an Associate
Commissioner who is, or is to be, a member of a Division of the Commission
that is constituted for the purposes of a proceeding has or acquires any
interest, pecuniary or otherwise, that could conflict with the proper
performance of his functions during the proceeding -
(a) he shall disclose the interest to the Chairman;
(b) except with the consent of the Chairman, he shall not take part, or
continue to take part, in the proceeding; and
(c) if he takes part, or continues to take part, in the proceeding - the
interest shall be disclosed in the report resulting from the proceeding.
(6) Where the Chairman becomes aware that a Commissioner (other than the
Chairman) or an Associate Commissioner who is, or is to be, a member of a
Division of the Commission that is constituted for the purposes of a
proceeding has, in relation to that proceeding, an interest of the kind
referred to in sub-section (5) -
(a) if the Chairman considers that the Commissioner or the Associate
Commissioner should not take part, or should not continue to take part, in the
proceeding - he shall give a direction to the Commissioner or Associate
Commissioner, as the case may be, accordingly; or
(b) in any other case - the interest of the Commissioner or the Associate
Commissioner, as the case may be, shall be disclosed in the report resulting
from the proceeding.
(7) A reference in this section to a proceeding is a reference to a
proceeding by way of an inquiry by the Commission under this Act.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - PART III
PART III - REFERENCE OF MATTERS TO COMMISSION
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 21
Functions of Commission under Part III
SECT
21. The functions of the Commission under this Part are to hold inquiries
and make reports to the Minister, in accordance with this Act, in respect of
matters affecting assistance to industries, and other matters, that may be
referred to the Commission in accordance with this Part.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 22
General policy guidelines for Commission
SECT
22. (1) In the performance of its functions under this Part, the Commission
shall have regard to the desire of the Commonwealth Government -
(a) to encourage the development and growth of efficient Australian
industries that are internationally competitive, export-oriented and capable
of operating over a long period of time with minimum levels of assistance;
(b) to facilitate adjustment to structural changes in the economy by
industries and persons affected by those changes, and to minimize social and
economic hardships arising from those changes; and
(c) to recognize the interests of other industries, and of consumers, likely
to be affected by measures proposed by the Commission.
(2) If at any time the Minister considers that there are additional matters
to which the Commission should have regard in the performance of its functions
under this Part, he may, by notice in writing to the Commission, inform the
Commission accordingly and the Commission shall have regard to those matters.
(3) The Minister may, by notice in writing to the Commission, give
directions as to the priorities to be observed by the Commission in having
regard to the matters mentioned in sub-section (1) or contained in any notice
under sub-section (2) and the Commission shall comply with any such
directions.
(4) The Minister shall cause a copy of any notice given to the Commission
under sub-section (2) or (3) to be published in the Gazette as soon as
practicable after the notice is given.
(4A) Where a matter of the kind referred to in paragraph 23 (5) (a), (ea) or
(eb) is referred to the Commission for inquiry and report, the preceding
provisions of this section do not apply in relation to the performance by the
Commission of its functions under this Part in relation to that matter.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 23
Reference of matters to Commission
SECT
23. (1) The Minister may refer to the Commission for inquiry and report any
matter relating to the giving, continuance or withdrawal of assistance to an
industry or to a particular group or groups of industries or to industries
generally by the Commonwealth Government, and may, when so referring a matter,
specify a period within which the Commission is to report on that matter.
(2) Where a matter is so referred, the Commission shall inquire into, and
report to the Minister on, that matter, but may give consideration to the
necessity for any form of assistance in respect of the industry or to a
particular group or groups of industries concerned and report accordingly.
(3) A Minister shall not take any action in respect of a prescribed matter,
being action that is related to the provision of assistance to a particular
industry or to a particular group or groups of industries, unless -
(a) the action is necessary in order to implement the policy of the
Commonwealth Government -
(i) in relation to, or in relation to negotiations for, bilateral or
multilateral trade agreements; or
(ii) in relation to tariff preferences for developing countries; or
(b) a period of not more than 12 months has elapsed since the Minister
administering this Act received, or last received, as the case requires, a
report of the Commission under this Part in relation to the matter.
(3A) Where the Minister -
(a) refers a matter to the Commission under sub-section (1) and, when so
referring the matter, specifies a period within which the Commission is to
report on the matter; and
(b) at the expiration of the period (in this sub-section referred to as the
"relevant period") of 30 days commencing at the expiration of the period
referred to in paragraph (a), has not received a report of the Commission in
relation to the matter pursuant to the reference,
the Minister shall be deemed, for the purposes of sub-section (3) -
(c) to have received such a report at the expiration of the relevant period;
and
(d) if the Minister later receives such a report - to have received the
report at the expiration of the relevant period.
(3B) Nothing in sub-section (3) prevents action being taken to provide
assistance to an industry or to a particular group or groups of industries in
accordance with, or for the purposes of, Part XVA of the Customs Act 1901 or a
law of the Commonwealth passed or made before 1 January 1974 or to provide
financial assistance to an industry or to a particular group or groups of
industries in accordance with, or for the purposes of, a law of the
Commonwealth passed or made after 1 January 1974 and before 1 July 1974.
(4) For the purposes of sub-section (3), each of the following matters is a
prescribed matter:
(a) whether duties should be imposed on goods of a particular description
imported into Australia;
(b) whether duties imposed on goods of a particular description imported
into Australia should be removed or the rates of those duties should be
increased or reduced;
(c) whether the importation of goods of a particular description into
Australia should be prohibited or restricted;
(d) whether a prohibition on the importation of goods of a particular
description into Australia should be removed;
(e) whether a restriction on the importation of goods of a particular
description into Australia should be extended, reduced or removed;
(f) whether financial assistance for a period exceeding 2 years should be
provided to an industry or to a particular group or groups of industries by
the Commonwealth Government, whether or not any financial assistance has
previously been provided to that industry or to that group or those groups of
industries by the Commonwealth Government.
(g) whether financial assistance for a period not exceeding 2 years should
be provided by the Commonwealth Government to an industry or to a particular
group or groups of industries to which financial assistance (not being
financial assistance provided after inquiry and report by the Commission or
the Tariff Board) has previously been provided by the Commonwealth Government,
where -
(i) the period, or the sum of the periods, of the financial assistance
that has previously been so provided (excluding so much of that period or
those periods as occurred more than 6 years before the commencement of the
period of the proposed further financial assistance or occurred before the
commencement of this Act) is not less than 2 years; or
(ii) the sum of so much of the period or periods of the financial
assistance that has previously been so provided as is required to be taken
into account under sub-paragraph (i) and the period of the proposed further
financial assistance exceeds 2 years;
(h) whether financial assistance that has been provided to an industry or to
a particular group or groups of industries by the Commonwealth Government for
a period exceeding 2 years should be suspended or withdrawn or the rate of
that financial assistance should be increased or reduced.
(5) Without limiting the generality of sub-section (1), the Minister may
refer to the Commission for inquiry and report any of the following matters:
(a) where the Minister administering the Customs Tariff (Anti-Dumping) Act
1975 is empowered or required under that Act to refer a question as to the
existence of any facts to the Commission for inquiry and report - a question
as to the existence of any such facts;
(b) any matter in connexion with the interpretation of any Customs Tariff or
Excise Tariff, or the classification of goods in any such Tariff, that has
been referred to the Minister administering the Act under which are imposed
the duties of customs or excise to which that Tariff relates for review;
(c) whether goods not prescribed by a by-law or not specified in a
determination for the purposes of a Customs Tariff Item or Excise Tariff Item
should be so prescribed or specified;
(d) whether goods prescribed by a by-law or specified in a determination for
the purposes of a Customs Tariff Item or Excise Tariff Item should continue to
be so prescribed or specified;
(ea) where the Minister administering the Customs Act 1901 wishes to comply
with a request under sub-section 269R (1) of that Act to refer to the
Commission the question whether a Commercial Tariff Concession Order should
have been made - that question;
(eb) where the Minister administering the Customs Act 1901 wishes to comply
with a request under sub-section 269R (2) of that Act to refer to the
Commission the question whether a Commercial Tariff Concession Order should
have been revoked - that question;
(f) a matter relating to the addition of goods to the goods that are to
remain or become free from duties in accordance with an agreement between the
Commonwealth Government and the New Zealand Government;
(g) a matter relating to the giving of concessions in respect of duties to
goods that are the produce or manufacture of developing countries; and
(h) the reduction or removal of duties or other forms of assistance to
industries in connexion with negotiations for bilateral or multilateral trade
agreements.
(6) The Minister may, either generally or otherwise as provided by the
instrument of authorization, by writing signed by him, authorize another
Minister to exercise the powers conferred on the first-mentioned Minister
under paragraphs (5) (a) to (d), inclusive, and, where such an authorization
is given, the Minister to whom the authorization is given may exercise those
powers in accordance with the authorization, but nothing in this sub-section
prevents the first-mentioned Minister from exercising any of those powers.
(7) Where, under this section, the Minister has referred a matter to the
Commission for inquiry and report, the Minister may, at any time before he has
received a report from the Commission in pursuance of the reference, withdraw
or amend the reference.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 23A
Report of Commission pursuant to reference
SECT
23A. Where the Minister has referred to the Commission for inquiry and
report a matter relating to the giving, continuance or withdrawal of
assistance to an industry or to a particular group or groups of industries,
the Commission shall, in its report on the matter pursuant to the reference -
(a) report on all matters that the Minister has specified in the reference;
and
(b) unless the Minister, when so referring the matter, otherwise directed -
report on courses of action that the Commission considers to exist in relation
to the matter, and indicate which course of action it considers to be the most
advisable.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - PART IV
PART IV - TEMPORARY ASSISTANCE
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 29
Interpretation
SECT
29. In this Part -
(aa) a reference to a group of industries that includes a particular
industry is a reference to a group of industries that consists of -
(i) the particular industry; and
(ii) another industry that is, or 2 or more other industries that are,
related to the particular industry;
(a) a reference to the taking of action to provide temporary assistance to
an industry following the receipt by the Minister of a report of the
Commission under section 30A in relation to the industry shall be read as a
reference to the taking of action to provide assistance to the industry, being
action that, by reason of the operation of sub-section 23 (3), could not have
been taken but for the application of sub-section 30B (1) in relation to that
report; and
(b) a reference to temporary assistance being provided to an industry shall
be read as a reference to assistance being provided to an industry in
consequence of the taking of action of the kind referred to in paragraph (a).
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 29AA
Functions of Commission under Part IV
SECT
29AA. The functions of the Commission under this Part are to hold inquiries
and make reports to the Minister, in accordance with this Act, pursuant to
requests by the Minister under section 30.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 29A
Policy guidelines for inquiry into temporary assistance
SECT
29A. In the performance of its functions under this Part, the Commission
shall have regard to the desire of the Commonwealth Government that temporary
assistance be provided to an industry (in this section referred to as the
"relevant industry") only if there has been a change in the circumstances
under which the relevant industry, or a group of industries that includes the
relevant industry, operates, being a change in circumstances that -
(a) is largely outside the control of the relevant industry;
(b) is peculiar to, or is having a particularly severe impact on, the
relevant industry or a group of industries that includes the relevant
industry; and
(c) has caused, or threatens, serious injury to the relevant industry.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 30
Request by Minister for inquiry into temporary assistance
SECT
30. (1) Where it appears to the Minister that urgent action may be necessary
to provide assistance to an industry that is experiencing difficulty, he may
request the Commission to undertake an inquiry in relation to that industry
and to report to the Minister -
(a) whether it is necessary that urgent action be taken to provide
assistance to that industry; and
(b) if such urgent action is necessary - the nature and extent of the
assistance that the Commission recommends should be provided to the industry.
(2) Where, under sub-section (1), the Minister has requested the Commission
to undertake an inquiry in relation to an industry, the Minister may, at any
time before he has received a report from the Commission in pursuance of the
request, withdraw or amend the request.
(3) Where the Minister amends a request to the Commission to undertake an
inquiry, sub-section 30A (1) applies in relation to the inquiry as if the
reference in that sub-section to the date on which the request was made were a
reference to the date on which the Minister amended the request.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 30A
Inquiry into, and report on, temporary assistance
SECT
30A. Where the Commission is requested under section 30 to undertake an
inquiry in relation to an industry, the Commission -
(a) shall, after giving notice of the inquiry in accordance with section 32,
forthwith hold the inquiry;
(b) shall, as soon as practicable, but not later than 45 days after the day
on which the request was made, report to the Minister in accordance with the
request;
(c) shall not, in its report to the Minister in accordance with the request,
recommend that particular assistance be provided to the industry, if the
provision of that assistance to the industry would seriously disadvantage
another industry in Australia;
(d) shall not, in its report to the Minister in accordance with the request,
recommend that assistance be provided to the industry for a period exceeding
12 months; and
(e) shall, in its report to the Minister in accordance with the request -
(i) recommend whether or not the Minister should refer to the
Commission under section 23 a matter relating to the giving, continuance or
withdrawal of assistance to the industry;
(ii) report whether, in its opinion, the circumstances under which
the industry, or a group of industries that includes the industry, is
operating are such as to warrant the holding, before any temporary assistance
that may be provided to the industry following receipt by the Minister of the
report ceases to be so provided, of a further inquiry under this Part in
relation to the industry; and
(iii) in a case where the Commission proposes to recommend in
the report that assistance be provided to the industry for a particular period
and considers it appropriate to recommend that the industry undertake
particular action during that period - recommend that the industry so
undertake that action.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 30B
Action to provide temporary assistance
SECT
30B. (1) Subject to this Part, where the Minister has received a report of
the Commission under section 30A in relation to an industry, sub-section 23
(3) does not prevent the taking of action to provide assistance to the
industry in accordance with this Part.
(1A) Where the Minister -
(a) requests the Commission under sub-section 30 (1) to undertake an inquiry
in relation to an industry; and
(b) at the expiration of the period of 45 days commencing immediately after
the day on which the request was made, has not received a report of the
Commission under section 30A in relation to the industry in accordance with
the request,
the Minister shall be deemed, for the purposes of this Part -
(c) to have received such a report at the expiration of that period; and
(d) if the Minister later receives such a report - to have received the
report at the expiration of that period.
(2) Where, following the receipt by the Minister of a report of the
Commission under section 30A in relation to an industry, action is first taken
to provide temporary assistance to the industry, the Minister shall cause a
copy of the report to be laid before each House of the Parliament within 7
sitting days of that House after the day on which the action is taken.
(3) Where, following the receipt by the Minister of a report of the
Commission under section 30A in relation to an industry, action is taken to
provide temporary assistance to the industry, the Minister shall, as soon as
practicable after that assistance is provided, or commences to be provided,
cause to be published in the Gazette a notice specifying the nature of that
assistance and stating that the assistance has been provided, or has commenced
to be provided, following the receipt by the Minister of the report.
(4) Upon the expiration of a period of 12 months commencing when the
Minister receives a report of the Commission under section 30A, sub-section
(1) of this section ceases to apply in relation to the report.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 30D
Period of temporary assistance
SECT
30D. Where temporary assistance (in this section referred to as the
"relevant assistant") is being provided to an industry in consequence of the
taking of action, following the receipt by the Minister of a report of the
Commission under section 30A in relation to the industry, to provide temporary
assistance to the industry, the relevant assistance shall not continue to be
provided to the industry after the expiration of the period of 12 months
commencing on the day on which temporary assistance was first provided, or
first commenced to be provided, as the case requires, to the industry in
consequence of the taking of action, following the receipt by the Minister of
the report, to provide temporary assistance to the industry.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 30H
Action by Minister to terminate assistance
SECT
30H. Where -
(a) by reason of section 30D, temporary assistance is not to continue to be
provided to an industry after the expiration of a particular period; and
(b) action by the Minister is required to ensure that the temporary
assistance does not continue to be provided to the industry after the
expiration of that period,
the Minister shall take that action.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 30J
Operation of section 23
SECT
30J. (1) Subject to sub-section 23 (3), the termination of the provision of
temporary assistance to an industry by reason of section 30D does not prevent
the taking of further action to provide assistance to that industry.
(2) Sub-section 23 (3) does not prevent the taking of action to terminate,
or to reduce the extent of, temporary assistance that is being provided to an
industry.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - PART V
PART V - CONDUCT OF INQUIRIES
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 31A
General conduct of inquiries
SECT
31A. Subject to this Act, in an inquiry -
(a) the procedure to be followed is within the discretion of the Commission;
and
(b) the Commission -
(i) is not bound to act in a formal manner;
(ii) is not bound by the rules of evidence;
(iii) may inform itself on any matter in such manner as it thinks
fit;
(iv) may receive information or submissions in the form of oral or
written statements; and
(v) may consult with such persons as it thinks fit.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 31B
Notice to person to furnish information and documents
SECT
31B. (1) Where the Commission is holding an inquiry, the Chairman, or a
Commissioner who has been nominated to preside at a meeting of a Division of
the Commission constituted for the purposes of the inquiry, may, for the
purposes of the inquiry, by notice in writing served on a person, require the
person to send to the Commission, on or before a day specified in the notice
-
(a) a statement, signed by the person, setting out such information as is so
specified; and
(b) such documents as are so specified.
(2) A person shall not, without reasonable excuse, refuse or fail to comply
with a notice served on the person under sub-section (1).
Penalty: $1,000 or imprisonment for 6 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 32
Notice of inquiries
SECT
32. Before the Commission commences to hold an inquiry, the Commission shall
give reasonable notice in each State and in the Australian Capital Territory
and in the Northern Territory, by advertisement published in the Gazette and
in a newspaper circulating in the State or Territory, as the case may be, of
its intention to hold the inquiry, the subject of the inquiry and the time
when the inquiry is to be commenced.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 32A
Commission to prepare draft report
SECT
32A. In the course of an inquiry into a matter, being an inquiry held
pursuant to a reference of the matter to the Commission under section 23, the
Commission shall, unless the Minister, when referring the matter to the
Commission under that section, otherwise directed -
(a) prepare a draft report on the matter, being a draft report that includes
all the matters that Part III would require it to include if it were the
report of the Commission on the matter pursuant to the reference; and
(b) cause copies of the draft report to be made available to the public.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 32B
Power to hold hearings
SECT
32B. (1) Subject to this Part, the Commission shall hold hearings for the
purposes of an inquiry.
(2) Where section 32A requires the Commission to prepare a draft report on a
matter in the course of an inquiry into the matter, then, unless the Minister
has consented in writing to the holding, before the Commission has so prepared
such a draft report pursuant to that section, of hearings for the purposes of
the inquiry, the Commission shall, until it has so prepared such a draft
report pursuant to that section, inform itself for the purposes of the inquiry
without holding such hearings.
(3) Before the Commission commences to hold hearings for the purposes of an
inquiry, the Commission shall give reasonable notice in each State and in the
Australian Capital Territory and in the Northern Territory, by advertisement
published in the Gazette and in a newspaper circulating in the State or
Territory, as the case may be, 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 commenced.
(4) Sections 9, 18 and 19 apply in relation to a hearing, so far as those
sections are capable of so applying, and so apply as if the hearing were a
meeting of the Commission.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 32C
Summons to person to attend hearing
SECT
32C. (1) The Chairman, or the Commissioner who has been nominated to preside
at the hearing concerned, may summon a person in writing to appear at a
hearing to give evidence and to produce such documents as are specified in the
summons.
(2) Where a person has been served, as prescribed, with a summons under
sub-section (1) to appear at a hearing, the Chairman, or the Commissioner who
has been nominated to preside at the hearing, may, at any time before the
person has so appeared pursuant to the summons, direct the person in writing
to send to the Commission, on or before a day specified in the direction -
(a) a statement, signed by the person, setting out such information as is so
specified, and
(b) such documents as are specified in the summons,
and, if such a direction is served on the person, a prosecution for an offence
against section 35 or 37 shall not be brought against the person in relation
to the summons.
(3) A person shall not, without reasonable excuse, refuse or fail to comply
with a direction under sub-section (2) that is served on the person.
Penalty: $1,000 or imprisonment for 6 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 33
Procedure at hearings
SECT
33. (1) A hearing shall be held in public and evidence at a hearing shall,
subject to this section, be given in public.
(2) Where a person appearing as a witness at a hearing objects to giving in
public evidence that the Commission is satisfied is of a confidential nature,
the Commission may take the evidence in private if it considers that it is
desirable in the public interest to do so.
(3) The Commission may, if it thinks fit, permit a person appearing as a
witness at a hearing to give evidence by tendering a statement signed by the
person.
(4) At a hearing, the Commission may, if it thinks fit, permit or require a
person desiring to make a submission to the Commission to make the submission
in writing.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 35
Failure of person summoned to attend
SECT
35. A person served, as prescribed, with a summons under sub-section 32C (1)
to appear at a hearing shall not, without reasonable excuse -
(a) fail to attend as required by the summons; or
(b) fail to attend from day to day unless excused, or released from further
attendance, by the Commissioner presiding at the hearing.
Penalty: $1,000 or imprisonment for 6 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 37
Refusal to answer questions or produce documents
SECT
37. A person appearing as a witness at a hearing shall not, without
reasonable excuse -
(a) refuse or fail to answer a question that the person is required to
answer
by the Commissioner presiding at the hearing; or
(b) refuse or fail to produce a document that the person was required to
produce by a summons under sub-section 32C (1) served on the person as
prescribed.
Penalty: $1,000 or imprisonment for 6 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 37A
False or misleading evidence or information
SECT
37A. A person shall not -
(a) furnish to the Commission, whether orally or in writing, information
that the person knows to be false or misleading in a material particular;
(b) at a hearing before the Commission, give evidence that the person knows
to be false or misleading in a material particular; or
(c) send to the Commission, pursuant to section 31B or 32C, a statement
containing matter that the person knows to be false or misleading in a
material particular.
Penalty: $1,000 or imprisonment for 6 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 38
Protection of Commissioners and witnesses
SECT
38. (1) A Commissioner has, in the performance of his duties as a
Commissioner, the same protection and immunity as a Justice of the High Court.
(2) Subject to this Act, a person appearing as a witness at a hearing has
the same protection, and is, in addition to the penalties provided by this
Act, subject to the same liabilities, in any civil or criminal proceedings as
a witness in proceedings in the High Court.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 39
Contempt of Commission
SECT
39. A person shall not -
(a) insult or disturb a Commissioner in the exercise of his powers or the
performance of his functions or duties as a Commissioner;
(b) interrupt a hearing;
(c) use insulting language towards a Commissioner;
(d) create a disturbance, or take part in creating or continuing a
disturbance, in a place where the Commission is holding a hearing; or
(e) do any other act or thing that would, if the Commission were a court of
record, constitute a contempt in the face of that court.
Penalty: $1,000 or imprisonment for 6 months.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 40
Powers of Commission in relation to documents produced
SECT
40. (1) A Commissioner or a member of the staff assisting the Commission may
inspect any books or documents furnished or sent to the Commission for the
purposes of the performance of its functions under this Act or produced at a
hearing and may make copies of, or take extracts from, those books or
documents.
(2) Books or documents so furnished may be retained by the Commission for such
reasonable period as the Commission thinks fit.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 40A
Written statements and submissions to be made public
SECT
40A. Where -
(a) the Commission receives information, or a submission, in the form of a
written statement;
(b) pursuant to section 31B or 32C, a person sends a statement to the
Commission;
(c) pursuant to section 33, evidence is given at a hearing by the tendering
of a signed statement; or
(d) a document is furnished or sent to the Commission in connection with an
inquiry, or is produced at a hearing,
the Commission shall make available to the public in such manner as the
Commission thinks fit the contents of the statement or document, other than
any matter -
(e) that the person who furnished, sent, tendered or produced the statement
or document, as the case may be, objects to being made public; and
(f) the evidence of which the Commission is satisfied would have been taken
in private if that evidence had been given orally at a hearing and the person
giving that evidence had objected to giving it in public.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 41
Allowances to witnesses
SECT
41. A person who attends at a hearing pursuant to a summons served on the
person under sub-section 32C (1) is entitled to be paid by the Commonwealth
such allowances and expenses as are prescribed.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 42
Person prejudiced in employment by reason of assisting Commission
SECT
42. (1) An employer shall not -
(a) dismiss an employee from his employment, or prejudice an employee in his
employment, by reason that the employee has assisted the Commission in
connection with an inquiry; or
(b) dismiss or threaten to dismiss an employee from his employment, or
prejudice or threaten to prejudice an employee in his employment, by reason
that the employee proposes to assist the Commission in connection with an
inquiry.
Penalty: $1,000 or imprisonment for 6 months.
(2) In any proceedings for an offence against this section -
(a) if it is established that the employee was dismissed from, or prejudiced
in, his employment and that, before he was so dismissed or prejudiced, he
assisted the Commission in connection with an inquiry - the burden lies on the
defendant of proving that the employee was not dismissed or prejudiced by
reason that he so assisted the Commission; or
(b) if it is established that the employee was dismissed, or threatened with
dismissal, from his employment, or was prejudiced, or threatened with
prejudice, in his employment and that before he was so dismissed, threatened
with dismissal, prejudiced or threatened with prejudice, he proposed to assist
the Commission in connection with an inquiry - the burden lies on the
defendant of proving that the employee was not so dismissed, threatened with
dismissal, prejudiced or threatened with prejudice by reason that he proposed
so to assist the Commission.
(3) For the purposes of this section, a person shall be taken to assist the
Commission in connection with an inquiry if, and only if, the person -
(a) furnishes information, whether orally or in writing, or furnishes
documents, to the Commission in connection with the inquiry;
(b) gives evidence, or produces documents, at a hearing held for the
purposes of the inquiry; or
(c) sends to the Commission a statement, or documents, pursuant to section
31B or 32C, in connection with the inquiry.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - PART VI
PART VI - MISCELLANEOUS
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 43
Staff
SECT
43. (1) Subject to sub-section (2), the staff required to assist the
Commission in the performance of its functions shall be persons appointed or
employed under the Public Service Act 1922.
(2) Nothing in sub-section (1) prevents the engaging by the Chairman, with
the consent of the Minister, of persons, not being persons referred to in that
sub-section, to provide services for the Commission.
(3) The Chairman has all the powers of, or exercisable by, a Secretary under
the Public Service Act 1922 so far as those powers relate to the branch of the
Public Service comprising the staff referred to in sub-section (1) as if that
branch were a separate Department of the Public Service.
(4) For the purposes of section 26 of the Public Service Act 1922, the
Chairman shall be deemed to be a Secretary.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 45
Annual Report
SECT
45. (1) The Commission shall, as soon as practicable, and in any event
within 3 months, after 30 June in each year, prepare and furnish to the
Minister a report (in this section referred to as an "annual report") on the
operations of the Commission during the year that ended on that day.
(2) In an annual report, the Commission shall, so far as practicable, also
report on -
(a) the assistance provided to industries by the Commonwealth Government and
the effect of that assistance on the development of those industries;
(b) the economic performance of those industries and the principal factors
affecting that performance; and
(c) the general effect on the Australian economy of the provision of that
assistance.
(3) An annual report shall not include recommendations for changes in the
nature or extent of the assistance provided by the Commonwealth Government to
particular industries but may include recommendations for changes in the
nature or extent of the assistance provided by the Commonwealth Government to
industries generally.
(4) The Minister shall cause a copy of each annual report to be laid before
each House of the Parliament within 15 sitting days of that House after the
date of receipt of the report by the Minister.
(5) The copy of an annual report so laid before a House of the Parliament
shall be accompanied by a statement by the Minister setting out what action,
if any, has been taken during the year to which the annual report relates in
respect of each report made to the Minister by the Commission during that year
or a preceding year.
INDUSTRIES ASSISTANCE COMMISSION ACT 1973 - SECT 46
Regulations
SECT
46. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.