Tariff Board Act 1929

Legislation au C1929A00005 Not in force Act

Legislation content

TARIFF BOARD.

 

No. 5 of 1929.

An Act to amend the Tariff Board Act 1921-1924.

[Assented to 18th March, 1929.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Tariff Board Act 1929.

(2.) The Tariff Board Act 1921–1924 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Tariff Board Act 1921–1929.

The Chairman of the Board.

2. Section seven of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The Governor-General shall appoint a member of the Board as Chairman, and may appoint as Chairman a member who holds an administrative office in the Department of Trade and Customs.”.

3. Section eight of the Principal Act is repealed and the following section inserted in its stead:—

Remuneration of member of Board.

“8.—(1.) The Chairman shall receive a salary of sixteen hundred pounds a year, inclusive of such salary (if any) as is payable to him as an officer of the Public Service.

“(2.) Each of the other members shall receive an allowance of six guineas per sitting, with a maximum in any one year of fifteen hundred pounds:

Provided that if, in any year, the amount received by way of salary by a member, who is an officer of the Commonwealth Public Service, is less than the amount which would be payable to him at the rate of six guineas per sitting, with a maximum of fifteen hundred pounds a year, the amount of the difference shall be paid to him as an allowance.


“(3.) 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.

“(4.) The Minister may grant to each member of the Board, not being an officer of the Commonwealth Public Service, fifteen days’ leave of absence in each year, and, for each day of absence on leave, each such member shall, if remunerated by way of sitting fees be entitled to receive allowance as if he had attended a sitting of the Board on that clay.

“(5.) In this section ‘year’ means a period of twelve months commencing from the date of appointment of the member concerned, or from any anniversary of that date.”.

Sittings of the Board.

4. Section eleven of the Principal Act is amended—

(a) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) The Chairman shall preside at all meetings of the Board at which he is present and in his temporary absence a member who has been nominated for the purpose by the Chairman shall preside.”;

(b) by omitting from paragraph (c) of sub-section (4.) the words “complaints made” and inserting in their stead the word “question”; and

(c) by omitting from sub-section (7.) the words “clause three, sub-clauses five and six of this Act” and inserting in their stead the words “the last two preceding sub-sections”.

5. After section twelve of the Principal Act the following section is inserted:—

Appointment of committee.

“12a.—(1.) The Board may appoint two of its members as a committee for the purpose of conducting any inquiry or other business of the Board, and in the conduct of any such inquiry or business the committee shall have all the powers of the Board.

“(2.) The Chairman of the Board shall nominate one of the members of a committee appointed under this section to be the chairman of the committee.

“(3.) Meetings of the committee shall be convened by the chairman of the committee who shall, in relation to the committee, have the same powers as the Chairman of the Board has in relation to the Board:

Provided that the chairman shall not exercise the casting vote except in relation to the conduct of the proceedings of the committee.

“(4.) Any committee so appointed shall furnish to the Board a report of any inquiry or other business conducted or performed by the committee.

“(5.) The members of a committee shall receive such fees in respect of its sittings as they would have received if the sittings were sittings of the Board.”.


Reference of certain matters to the Board.

6. Section fifteen of the Principal Act is amended—

(a) by omitting paragraphs (a) and (b) of sub-section (1.);

(b) by omitting from paragraph (h) of sub-section (1.) the words “complaint that” and inserting in their stead the words “question whether”;

(c) by omitting from paragraph (c) of sub-section (2.) the word “and” (second occurring);

(d) by inserting in sub-section (2.), after paragraph (d), the following paragraphs:—

“(e) the classification of goods under all Tariff Items which provide for classification under by-laws; and

“(f) the determination of the value of goods for duty under section one hundred and sixty of the Customs Act. 1901–1925.”;

(e) by omitting from sub-section (3.) the words “that any complaint referred to it under paragraph (h) of sub-section (1.) of this section is justified” and inserting in their stead the words “, in respect of any question referred to it under paragraph (h) of sub-section (1.) of this section, that a manufacturer is taking undue advantage of the protection afforded him by the Tariff”; and

(f) by omitting from paragraph (a) of sub-section (3.) the words “the amount of duty payable on the goods the subject of the complaint” and inserting in their stead the words “the protection afforded to the manufacturer in respect of the goods”.

7. After section fifteen of the Principal Act the following section is inserted:—

Board to confer with Director of Economic Research.

“15a. After the appointment of a person to be Director of Economic Research, the Board may confer with the Director upon any particular matter referred to the Board for inquiry and report.”.

Annual report.

8. Section eighteen of the Principal Act is amended by omitting from sub-section (1.) the words “in the month of July” and inserting in their stead the words “within sixty days after the first day of July”.

 

Overview

The Tariff Board Act 1929, enacted by the Commonwealth of Australia's Parliament, amends the Tariff Board Act 1921-1924 to address gaps in the operation and structure of the Tariff Board. This legislation updates the appointment process for the Chairman, modifies the remuneration structure for Board members, and clarifies the procedural rules for Board meetings. The Act also extends the Board's remit to include additional matters such as the classification of goods and the determination of their value for duty purposes. Furthermore, it provides for the Board to consult with the Director of Economic Research and mandates the submission of an annual report within a specified timeframe. The policy objective appears to be enhancing the efficiency and effectiveness of the Tariff Board in advising on tariff-related matters.

Scope and Application

The Tariff Board Act 1929 amends the Tariff Board Act 1921-1924, extending and modifying the functions and structure of the Tariff Board within the Commonwealth of Australia. This legislation applies to the members of the Tariff Board, including the Chairman and other members, as well as the administrative officers involved in the appointment and remuneration of these members. The Act outlines the remuneration, appointment, and procedural aspects of the Board, specifying that the Governor-General appoints the Chairman, who may also hold an administrative office within the Department of Trade and Customs. The remuneration details for members, including salary, sitting allowances, and travel expenses, are clearly stipulated, with provisions for additional payments to ensure members are fairly compensated for their duties. The Act also defines the scope of the Board's inquiries and reports, extending to the classification of goods under Tariff Items and the determination of duty values. Furthermore, the Board is granted the authority to appoint committees to conduct inquiries and other business, with these committees having the same powers as the full Board. The Act provides for the Board to confer with the Director of Economic Research, enhancing its capacity to make informed recommendations and decisions. Finally, the Act mandates that the Board's annual report be submitted within sixty days after the first of July each year.

Key Provisions

The Tariff Board Act 1929 (section 1) amends the Tariff Board Act 1921–1924, now referred to as the Principal Act. The Act specifies that the Principal Act, as amended by this Act, may be cited as the Tariff Board Act 1921–1929 (section 1(3)). Section 2 of the Act mandates that the Governor-General appoints a member of the Board as Chairman, who may also hold an administrative office in the Department of Trade and Customs. Section 8 of the Principal Act is repealed and replaced with new provisions regarding the remuneration of Board members. The Chairman is to receive a salary of sixteen hundred pounds a year, inclusive of any salary they may receive as an officer of the Public Service (section 8(1)). Other members receive an allowance of six guineas per sitting, with a maximum of fifteen hundred pounds per year. If a member's salary as a Commonwealth Public Service officer is less than the maximum allowance, the difference is paid as an allowance (section 8(2)). Members are also to be reimbursed for reasonable travel expenses related to their duties (section 8(3)). Non-Public Service officers are granted fifteen days' leave of absence per year, with allowance paid for each day of absence (section 8(4)). The Act imposes specific obligations on the parties it governs, primarily concerning the appointment and roles of the Board members. The Governor-General's role in appointing the Chairman and the specific remuneration structure for members are key obligations outlined in the Act. Additionally, the Act stipulates that the Board may appoint a committee of two members to conduct inquiries or other business with the same powers as the Board, with the Chairman nominating the committee's chairman (section 12a). The Board is also required to report any inquiries or business conducted by the committee to the full Board (section 12a(4)). The Act delineates specific offences, penalties, or consequences for breaches of its provisions. While the Act does not explicitly state penalties for non-compliance, the nature of the obligations suggests that failure to adhere to the remuneration and appointment processes could lead to legal repercussions. For instance, not adhering to the stipulated allowances or not properly reimbursing members for travel expenses could be subject to scrutiny. Additionally, not following the prescribed procedures for appointing the Chairman or committee members could result in the actions of the Board being challenged in a court of law.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.