TARIFF BOARD.
No. 69 of 1933.
An Act to amend the Tariff Board Act 1921–1929.
[Assented to 15th December, 1933.]
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 1933.
(2.) The Tariff Board Act 1921–1929 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 1921–1933.
Remuneration of members of Board.
2. Section eight of the Principal Act is amended—
(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—
“(1.) Subject to this section, the Chairman shall receive a salary of Sixteen hundred pounds a year.
“(1a.) If the Chairman is a member who holds an administrative office in the Department of Trade and Customs, he shall receive a salary (inclusive of such salary, if any, as is payable to him as an officer of the Public Service) equal to the salary for the time being payable to the Comptroller-General of Customs:
Provided that no reduction shall be made in the salary of a Chairman by reason of a reduction in the salary for the time being payable to any Comptroller-General of Customs.”; and
(b) by inserting after sub-section (3.) the following sub-section:—
“(3a.) The salaries, fees and expenses payable under this section shall be subject to reduction in accordance with the provisions of the Financial Emergency Act 1931–1933, and in accordance with any Act amending or in substitution for that Act.”.
Overview
The Tariff Board Act 1933, enacted by the Commonwealth Parliament, serves to amend the existing Tariff Board Act 1921–1929, addressing the need for updated remuneration structures for the members of the Tariff Board. This legislative amendment reflects a policy objective to ensure that the compensation of the Board members, particularly the Chairman, remains aligned with the roles and responsibilities they undertake within the Department of Trade and Customs, while also taking into account broader financial constraints during the period. The Act formalises a specific salary for the Chairman, contingent upon their administrative role, and ties this remuneration to the salary of the Comptroller-General of Customs, with provisions to prevent reductions in the Chairman's salary due to changes in the Comptroller-General's pay. Furthermore, the salaries and expenses of Board members are subject to reductions under the Financial Emergency Act 1931–1933 and any subsequent amending legislation.
Scope and Application
The Tariff Board Act 1933 applies to the members of the Tariff Board, specifically addressing the remuneration of its members, including the Chairman. This Act amends the Tariff Board Act 1921–1929, which is referred to as the Principal Act, and together they constitute the Tariff Board Act 1921–1933. The legislation governs the salary of the Chairman of the Board, setting it at sixteen hundred pounds per year, and if the Chairman holds an administrative office in the Department of Trade and Customs, their salary will be equivalent to that of the Comptroller-General of Customs, with protections against reductions. The Act also specifies that the salaries, fees, and expenses of the Board members are subject to reductions as outlined in the Financial Emergency Act 1931–1933 or any subsequent amending or substituting Acts. The scope of this Act is national, impacting federal entities involved in tariff and trade-related activities within Australia.
Key Provisions
The Tariff Board Act 1933 introduces several key provisions to amend the existing Tariff Board Act 1921–1929. Firstly, section 2 of the Act revises the remuneration of the Chairman of the Tariff Board. Under the new provision (section 2(a)(1)), the Chairman is to receive an annual salary of sixteen hundred pounds, subject to certain conditions. Specifically, if the Chairman holds an administrative office within the Department of Trade and Customs, their salary must be equal to that of the Comptroller-General of Customs, inclusive of any salary they receive as a Public Service officer. Importantly, section 2(a)(1a) stipulates that the Chairman’s salary cannot be reduced due to any decrease in the salary of the Comptroller-General of Customs. Furthermore, section 2(b) introduces sub-section (3a), making the salaries, fees, and expenses of the Board members subject to reduction under the Financial Emergency Act 1931–1933, or any subsequent amending or substituting Act.
The Act imposes several obligations on the parties involved, particularly focusing on the remuneration structure for the Chairman and other members of the Tariff Board. These obligations include ensuring that the Chairman's salary aligns with that of the Comptroller-General of Customs if they hold an administrative office in the Department of Trade and Customs. Additionally, it mandates that any salary adjustments must comply with the Financial Emergency Act 1931–1933 or any subsequent legislation that may amend or replace it. This includes adhering to the provisions that allow for salary reductions during financial emergencies, thereby maintaining fiscal responsibility while safeguarding the Board’s integrity.
Failure to comply with the provisions outlined in the Tariff Board Act 1933 could result in significant consequences. While the Act does not explicitly outline offences or penalties for non-compliance, it is reasonable to infer that breaches could lead to legal ramifications. Given the specificity of the Act regarding remuneration and financial regulations, any deviation from the stipulated provisions could potentially be challenged in court, leading to civil liabilities or administrative penalties. Additionally, since the Act is intertwined with financial laws like the Financial Emergency Act 1931–1933, non-compliance might attract penalties under those Acts, including fines or other financial sanctions, as dictated by the respective legislation.