Tariff Board Act 1921 (Cth)

1921. Tariff Board. No. 21.

TARIFF BOARD.

No. 21 of 1921.

An Act relating to the Tariff Board.

[Assented to 15th December, 1921.]

BE it enacted by the King's Most Excellent Majesty, the Senate, Australia, as follows:—

and the House of Representatives of the Commonwealth of

1. This Act may be cited as the Tariff Board Act 1921.	Short title.
2. This Act shall commence on a date to be fixed by Proclamation.	Commencement.

3. The Customs Act 1901-1920 shall be incorporated and read as one with this Act. Incorporation.

4. In this Act, except where otherwise clearly intended—	Definitions,
" T h e B o a r d " means the Tariff Board appointed under this A c t; " T h e Cha i rman" means the Chairman of the Tariff Board

appointed under this A c t;

" M e m b e r " means a Member of the Tariff Board appointed

under this Act, and includes the Chairman of the Board; and

" T h e Minis ter" means the Minister of State for the time being

administering the Department of Trade and Customs.

5. For the purposes of this Act there shall be a Tariff Board consisting of three members.	Tariff Board.
Appointment
6.—(1.) The Governor-General shall, as soon as conveniently practicable, appoint three persons to be members of the Board, and on the happening of any vacancy in the office of member the Governor- General shall appoint a person to the vacant office.	of Board.
(2.) One of the three persons to be so appointed shall be a person who holds an administrative office in the Department of Trade and Customs.
(3.) Every such appointment shall be for such a term as is specified in the appointment, but not being less than one year nor more than five yea r s; and, on the expiration of his term of office, every person so appointed shall, subject to this Act, be eligible for re-appointment.

(4.) In case of the illness, suspension, or absence of any member of the Board, the Governor-General may appoint a person to act as a

No. 21. Tariff Board. 1921.

deputy of the member during the illness, suspension, or absence, and the deputy shall, while so acting, have all the powers and perform all the duties of a member.

(5.) An officer of the Commonwealth Public Service who is appointed a member of the Board shall retain all his existing and accruing rights, and the period of his membership on the Board shall for all purposes be included as par t of his period of service in the Commonwealth Public Service.

The Chairman

of the Board.	7.—(1.) The Governor-General shall appoint as Chairman of the Board a member who holds an administrative office in the Department of Trade and Customs, and on the happening of any vacancy in t h e office of Chairman the Governor-General shall appoint an adminis- trat ive officer of the Department of Trade and Customs to fill t h a t office.
(2.) In case of the illness, suspension, or absence of the Chairman, the Governor-General shall appoint one of the other members to act as Chairman during the illness, suspension, or absence.
Remuneration	8.—(1.) The Chairman shall receive, in addition to his salary as an officer of the Public Service, an allowance which, together with his salary, shall not exceed Fourteen hundred pounds a year, and each of the other members shall receive an allowance of Five guineas per sitting.
of members
of the Board.
(2.) There shall be paid to each member, on account of his expenses in travelling to discharge the duties of his office, such sums as are considered reasonable by the Governor-General.

Oath or	9. Every member of the Board shall, before proceeding to discharge
affirmation

of allegiance

the duties of his office, take an oath or affirmation of allegiance in

I, A.B., do swear tha t I will well and truly serve our Sovereign

Lord the King in the office of a Member of the Tariff Board,

and office.

the form of the Schedule to the Constitution, and also an oath or

affirmation in the form following:—

and tha t except in the course of my duty I will not divulge

any information which is furnished to me or to the Depar tment in connexion with matters which are being or which may be

dealt with by the B o a r d: So help me God.

Or I, A.B., do solemnly and sincerely promise and declare tha t I will well and truly serve our Sovereign Lord the King in the office of a member of the Tariff Board, and tha t except in the course of my duty I will not divulge any information which is furnished to me or to the Department in connexion with matters which are being or which may be dealt with by the Board.

Suspension	10.—(1.) The Governor-General may suspend any member from office for misbehaviour or incapacity. The Minister shall, within seven days after the suspension, if the Parliament is then sitting, or, if the Parl iament is not then sitting, within seven days after the next
of member.

1921. Tariff Board. No. 21.

meeting of the Parliament, cause to be laid before both Houses of the

Parl iament a full s tatement of the grounds of suspension.

(2.) A member who has been suspended shall be restored to office unless each House of the Parliament, within forty days after the statement has been laid before it, and in the same session, passes an address praying for his removal on the grounds of proved misbehaviour or incapacity.

11.—(1.) Subject to the regulations, the Board may hold sittings in any par t of the Commonwealth in such place or places as it may

Sittings of the

Board.

deem most convenient for the transaction of its business or proceedings,

and shall keep minutes of its proceedings in the prescribed form.

(2.) Sittings of the Board shall be convened by the Chairman.

(3.) The Chairman shall preside a t all meetings of the Board a t

which he is present, and in his temporary absence from any meeting the members present shall elect one of the members to preside as Chairman.

12.—(1.) For the conduct of business any two members shall be a quorum, and shall have, subject to the next sub-section, all the	Quorum of
Board.
powers of the Board.

(2.) At meetings of the Board the decision of the majority shall

prevail.

(3.) The Chairman shall have a deliberate vote, and, in the event of an equality of voting, a second or casting vote.

13.—(1.) No act or proceeding of the Board shall be invalidated or prejudiced by reason only of there being, a t the time when the

to invalidate Vacancy not

proceedings.

act or proceeding was done, taken, or commenced, a vacancy in the

membership of the Board.

(2.) Notwithstanding anything contained in this section, the Board shall not commence or continue the determination of any mat ter unless two members are available to inquire into and report upon the matter.

1 4. A member shall not exercise any power by this Act conferred upon him in any matter in which he has a direct or indirect pecuniary	to act when
Member not
interested.
interest.

15.—(1.) The Minister shall refer to the Board for inquiry and report the following	Reference of
certain matters

ma t t e r s :— to Board.

(a) the classification of goods under all Tariff I tems which provide

for classification under by-laws;

(b) the determination of the value of goods for duty under section

one hundred and sixty of. the Customs Act 1901-1920;

(c) any dispute arising out of the interpretation of any Customs

Tariff or Excise Tariff, or the classification of articles in any

Tariff, in which an appeal is made to the Minister from the

decision of the Comptroller-General;

(d) the necessity for new, increased, or reduced duties, and the

deferment of existing or proposed deferred du t ies;

No. .21. Tariff Board. 1921.

(e) the necessity for granting bounties for the encouragement of

any primary or secondary industry in Aust ra l ia;

(f) the effect of existing bounties or of bounties subsequently

g ran ted;

(g) any proposal for the application of the British Preferential Tariff or the Intermediate Tariff to any par t of the British Dominions or any foreign country, together with any requests received from Australian producers or exporters in relation to the export of their goods to any such par t or coun t ry;

(h) any complaint t ha t a manufacturer is taking undue advantage of the protection afforded him by the Tariff, and in particular in regard to his—

(i) charging unnecessarily high prices for his goods; or (ii) acting in restraint of t rade to the detriment of the

public; or

(iii) acting in a manner which results in unnecessarily high prices being charged to the consumer for his goods,

and shall not take any action in respect of any of those matters until

he has received the report of the Board.

(2.) The Minister may refer to the Board for their inquiry and report

the following ma t t e r s :—

(a) the general effect of the working of the Customs Tariff and the Excise Tariff, in relation to the primary and secondary industries of the Commonwealth;

(b) the fiscal and industrial effects of the Customs laws of the

Commonwealth;

(c) the incidence between the rates of duty on raw materials

and on finished or part ly finished products; and

(d) any other mat ter in any way affecting the encouragement

of primary or secondary industries in relation to the Tariff.

(3.) If the Board finds on inquiry tha t any complaint referred to it

under paragraph (h) of sub-section (1.) of this section is justified, it

may recommend—

(a) t ha t the amount of duty payable on the goods the subject of

the complaint be reduced or abolished; or

(b) t ha t such other action as the Board thinks desirable be taken, but shall, before it makes any such recommendation, consider carefully the conditions obtaining in the industry as a whole.

Action upon

16.—(1.) Upon receipt of a report from the Board in pursuance of

action according to law in respect of any of the matters dealt with by

the Board in its report.

report of

the last preceding section, the Minister may, if he thinks fit, take

Board.

(2.) A copy of every report made in pursuance of sub-section (3.)

of the last preceding section shall be laid on the table of each House

receipt of

1921. Tariff Board. No. 21.

of the Parliament within seven days, if the Parliament is then sitting, and, if the Parliament is not then sitting, then within seven days of the next meeting of the Parliament.

1 7. The Board may on its own initiative inquire into and report on any of the matters referred to in sub-section (2.) of section fifteen	Power of Board to
inquire and
of this Act.	report.

18.—(1.) The Board shall, in the month of June in each year, Annual report.

report to the Minister generally as to the operation of the Tariff and the development of industries, and shall in such report set out the recommendations made by the Board during the preceding twelve months, other than any recommendations whose inclusion the Minister and the Board agree is not in the public interest.

(2.) A copy of the report of the Board shall be laid on the table of each House of the Parliament within seven days of its receipt by the Minister, if the Parliament is then sitting, and, if the Parliament is not then sitting, then within seven days of the next meeting of the Parliament.

(3.) The report shall be accompanied by a statement by the Minister setting out what action (if any) has been taken in respect of each recommendation of the Board.

19.—(1.) For the purposes of this Act any member of the Board may on resolution of the Board by writing under his hand summon	Power to end for witnesses
and documents.
any person to a t tend the Board a t a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.
(2.) The Board may, in its discretion, on the application of any party to an inquiry before the Board, summon any person to appear as a witness before the Board.
2 0. Every witness who has been summoned to at tend the Board shall appear and report himself from day to day, unless excused by the	Duty of
witness to

continue in

Chairman or unti l he is released from further attendance by the

attendance.

Chairman.

2 1. Any member of the Board may administer an oath to any person appearing as a witness before the Board, whether the witness

Power to

examine upon

oath.

has been summoned or appears without being summoned, and may

examine the witness upon oath.

22.—(1.) Where any witness to be examined before the Board conscientiously objects to take an oath, he may make an affirmation

Affirmation

in lieu of

oath.

tha t he conscientiously objects to take an oath, and tha t he will s tate the truth, the whole t ruth, and nothing but the truth, to all questions that may be asked him.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities as an oath.

No. 21. Tariff-Board. 1921.

Penalty for	23.—(1.) If any person served with a summons to a t tend the excuse to a t tend the Board, or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce, he shall be guilty of an offence.
failing to
attend or	Board, when the summons is served personally, fails without reasonable
produce
documents

P e n a l t y: Two hundred and fifty pounds.

(2.) I t shall be a defence to a prosecution under this section for failing without reasonable excuse to produce any documents, books, or writings, if the defendant proves tha t the documents, books, or writings were not relevant to the inquiry which the Board was making.

Penalty for

2 4. If any person appearing as a witness before the Board refuses

to the investigation or proceeding pu t to him by any of the members

he shall be guilty of an offence.

sworn or to

to be sworn or to make an affirmation or to answer any question relevant

give evidence.

refusing to be

Pena l t y: Two hundred and fifty pounds.

Acts or	2 5 — ( 1. )	Where any person has on any day done or omitted to do
omissions on

different days

something, and his act or omission amounts to an offence against either

to constitute

separate

of the last two preceding sections, and does or omits to do the same

offences.

thing a t any meeting of the Board held on some other day, each such

act or omission shall be a separate offence.

(2.) Where any person, who has been convicted of any offence against either of the last two preceding sections, is subsequently con- victed on information by the Attorney-General of any offence against either of those sections, committed by him after the first-mentioned conviction and in relation to the same inquiry, he shall be liable to a penalty not exceeding Five hundred pounds and to imprisonment for a period not exceeding three months.

Witness need	2 6. Nothing in this Act shall make it compulsory for any witness
not disclose

secret	before the Board to disclose to the Board any secret process of manu-
process.	facture.

Power of 2 7. The Board may inspect any documents, books, or writings,

Board in

relation to

before it, and may retain them for such reasonable period as it thinks

documents

produced.

fit, and may make copies of such matter as is relevant to the inquiry

or take extracts from them.

testimony.

Giving false

2 8. Any witness before the Board who knowingly gives false testimony touching any matter, material to any inquiry, shall be guilty of an indictable offence.

Pena l t y: Imprisonment for five years.

Bribery of	29. Any person who—
witness.
(a) gives, confers, or procures, or promises or offers to give or confer, or to procure or a t t empt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding tha t any person called or to be called as a witness before the Board shall, give false testimony or withhold t rue tes t imony; or

1921. Tariff Board. No. 21.

(b) a t tempts by any means to induce a person called or to be

called as a witness before the Board to give false testimony,

or to withhold t rue tes t imony; or

(c) asks, receives, or obtains, or agrees or a t tempts to receive or obtain any property or benefit of any kind for himself, or any other person, upon any agreement or understanding tha t any person shall as a witness before the Board give false testimony or withhold t rue testimony,

shall be guilty of an indictable offence.

Pena l ty: Imprisonment for five years.

3 0. Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or	Fraud on
witness.
writing, to any person called or to be called as a witness before the Board, with intent to affect the testimony of tha t person as a witness, shall be guilty of an indictable offence.

P e n a l t y: Imprisonment for two years.

3 1. Any person who, knowing t ha t any book, document, or writing Destroying books or

is or may be required in evidence before the Board, wilfully destroys	documents.
it or renders it illegible or undecipherable or incapable of identifica- tion, with intent thereby to prevent it from being used in evidence, shall be guilty of an indictable offence.

Pe na l t y: Imprisonment for two years.

3 2. Any person who wilfully prevents or wilfully endeavours to prevent any person, who has been summoned to a t tend as a witness

Preventing

witness from

attending.

before the Board, from attending as a witness, or from producing any- thing in evidence pursuant to the summons to at tend, shall be guilty of an indictable offence.

P e n a l t y: Imprisonment for one year.

3 3. Any person who uses, causes, inflicts, or procures any violence, punishment, damage, loss, or disadvantage to any person for or on account of his having appeared as a witness before the Board, or for Injury to witness.

guilty of an indictable offence. or on account of any evidence given by him before the Board, shall be Pe na l t y: Five hundred pounds, or imprisonment for one year.

34.—(1.) Any employer who dismisses any employee from his employment, or prejudices any employee in his employment, for or on	employers of
Dismissal by
witness.
account of the employee having appeared as a witness before the Board, or for or on account of the employee having given evidence before the Board, shall be guilty of an indictable offence.

P e n a l t y: Two hundred and fifty pounds, or imprisonment for one

year.

(2.) I n any proceeding for any offence against this section, it shall lie upon the employer to prove t ha t any employee, shown to have been dismissed or prejudiced in his employment, was so dismissed or prejudiced for some reason other than the reasons mentioned in sub-section (1.) of this section.

No. 21. Tariff Board. 1921.

(3.) Any prosecution under this section shall be commenced within

three months from the date of the commission of the alleged offence.

Allowances	35.—(1.) The Governor-General may make regulations prescribing
to witness.

a scale of allowances to be paid to any witness summoned under this

Act for his travelling and other expenses.

(2.) The claim to allowance of any such witness, certified by the Chairman, shall be paid by the Treasurer out of moneys to be provided by the Parliament for the purposes of the Board.

Regulations. 3 6. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or are necessary or convenient to be prescribed, for giving effect to this Act.

Duration of Act. 3 7. This Act shall continue in force for a period of two years and

no. longer.