Industries Assistance Commission Amendment Act 1983

Overview

The Industries Assistance Commission Amendment Act 1983, enacted by the Commonwealth Parliament, was introduced to address specific gaps in the referral process concerning commercial tariff concessions under the Customs Act 1901. This amendment aimed to enhance the review and oversight mechanisms by allowing the Industries Assistance Commission to assess whether certain tariff concessions should be made or revoked. The policy objective was to ensure that tariff decisions are thoroughly reviewed and that the interests of Australian industries are appropriately represented. By inserting references to these specific subsections of the Customs Act within the Principal Act, the legislation sought to streamline the referral process and improve the alignment between customs regulations and industrial policy.

Scope and Application

The Industries Assistance Commission Amendment Act 1983 amends section 23 of the Industries Assistance Commission Act 1973 to expand the scope of matters that can be referred to the Industries Assistance Commission by the Minister administering the Customs Act 1901. This Act applies to the Industries Assistance Commission and the Minister administering the Customs Act 1901, and its geographic reach is federal as it pertains to Commonwealth legislation. The Act extends the Commission's authority to review and advise on matters concerning Commercial Tariff Concession Orders under the Customs Act 1901. The amendment allows the Minister to refer two specific questions to the Commission: whether a Commercial Tariff Concession Order should have been made or revoked, thereby enhancing the Commission's role in trade policy decisions. The Act does not explicitly state any exclusions, exemptions, or thresholds, and its provisions are direct and do not rely on subordinate instruments for extension or restriction of application.

Key Provisions

The Industries Assistance Commission Amendment Act 1983 amends section 23 of the Industries Assistance Commission Act 1973 (referred to as the Principal Act within this amendment) by expanding the scope of matters that can be referred to the Industries Assistance Commission. Specifically, subsection (3) of section 23 is amended to include references to matters under Part XVa of the Customs Act 1901 or other specified purposes (section 3(a)). Additionally, new paragraphs (ea) and (eb) are inserted after paragraph (5)(e), allowing the Minister administering the Customs Act 1901 to refer to the Commission questions about whether a Commercial Tariff Concession Order should be made or revoked, in compliance with subsections 269r(1) and 269r(2) of the Customs Act 1901 (section 3(b)). The Act imposes obligations on the Minister administering the Customs Act 1901 to refer certain questions to the Industries Assistance Commission. Specifically, if the Minister wishes to comply with a request under subsection 269r(1) of the Customs Act 1901, they must refer to the Commission the question of whether a Commercial Tariff Concession Order should have been made. Similarly, if the Minister wishes to comply with a request under subsection 269r(2) of the Customs Act 1901, they must refer to the Commission the question of whether a Commercial Tariff Concession Order should be revoked. These obligations are designed to ensure that the Commission has the opportunity to provide its expert advice on these matters, thereby aiding in informed decision-making regarding tariff concessions. Failure to comply with the obligations set out in the Act could potentially lead to legal consequences, although the Act itself does not explicitly detail offences or penalties for non-compliance. However, the underlying principle is that adherence to the referral requirements ensures the smooth operation of the legislative framework and aids in upholding the integrity of the decision-making processes surrounding tariff concessions. Non-compliance might result in administrative or judicial scrutiny, and could potentially lead to actions being taken to enforce compliance or address any resultant issues stemming from the failure to refer the specified questions to the Commission.