TARIFF BOARD.
No. 13 of 1950.
An Act to amend the Tariff Board Act 1921–1947.
[Assented to 1st July, 1950.]
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 1950.
(2.) The Tariff Board Act 1921–1947 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 1921–1950.
Commencement.
2. This Act shall be deemed to have come into operation on the twenty-first day of March, One thousand nine hundred and fifty.
3. Section eight of the Principal Act is repealed and the following section inserted in its stead:—
Salary and conditions of appointment or members.
“8.—(1.) A member shall be paid salary and travelling allowance at such rates (if any) as the Governor-General determines, but the salary of a member shall not be diminished during his term of office.
“(2.) A deputy of a member shall, in respect of the period during which he acts as deputy, be paid salary and travelling allowance at the rates applicable to the member of whom he is a deputy.
“(3.) The Minister may grant to a member leave of absence for a period or periods not exceeding in all fifteen days (exclusive of Saturdays, Sundays and holidays) in each year.
“(4.) A member shall be deemed to have vacated his office if he engages in paid employment outside the duties of his office.
“(5.) In this section ‘year’ means a period of twelve months commencing on the date of appointment of the member concerned or on any anniversary of that date.”.
Appointment of committee.
4. Section twelve a of the Principal Act is amended by omitting sub-section (5.).
Board to confer with Director of Economic Research.
5. Section fifteen a of the Principal Act is repealed.
Overview
The Tariff Board Act 1950 was enacted to amend the Tariff Board Act 1921–1947, addressing specific issues and gaps that had arisen over time. This legislation was introduced to provide updates and clarifications to the existing framework, ensuring it remains effective and relevant. Enacted by the Parliament of the Commonwealth of Australia, the Act aims to refine the operation of the Tariff Board, ensuring its members are appropriately compensated and that their terms of service are clearly defined. The primary objective of the Act is to enhance the governance and functionality of the Tariff Board, thereby supporting its role in economic research and tariff determination.
Scope and Application
The Tariff Board Act 1950 amends the Tariff Board Act 1921–1947, which is referred to as the Principal Act in this Act. The amended Principal Act can be cited as the Tariff Board Act 1921–1950. The Act came into operation on 21 March 1950. The Act primarily addresses the salary and conditions of appointment for members of the Tariff Board, specifying that the Governor-General determines their salary and travelling allowance rates, which cannot be reduced during their term of office. It also sets out provisions for deputy members, including their pay and leave of absence, as well as the circumstances under which a member’s office is vacated. The Act repeals certain sections of the Principal Act, including section eight concerning salary and conditions of appointment, and section fifteen a regarding the Board conferring with the Director of Economic Research. The Act applies to members of the Tariff Board and their deputies within the Commonwealth of Australia, and any subordinate instruments may further extend or restrict its application.
Key Provisions
The Tariff Board Act 1950, as amended, introduces significant changes to the existing Tariff Board Act 1921–1947. Firstly, the Act allows for the amendment of salary and conditions of appointment for members of the Tariff Board. Specifically, section 8 of the Principal Act is repealed and replaced with new provisions (section 3). These provisions dictate that members are to be paid a salary and travelling allowance at rates determined by the Governor-General, with the condition that a member’s salary cannot be reduced during their term (subsection 8(1)). Additionally, a deputy acting in place of a member is to receive the same salary and travelling allowance as the member they are substituting for during the period of their service (subsection 8(2)). The Minister is granted the authority to permit a member to take leave of absence for up to fifteen days per year, excluding weekends and public holidays (subsection 8(3)). A member is deemed to have vacated their office if they engage in paid employment outside their official duties (subsection 8(4)). The term 'year' is defined as a twelve-month period starting from the date of a member’s appointment or any anniversary of that date (subsection 8(5)).
The Act also imposes specific obligations on the parties involved. Members of the Tariff Board are required to adhere to the salary and conditions of appointment as determined by the Governor-General. Members and their deputies must ensure that they do not engage in any paid employment outside their official duties, as this would result in vacating their office. Furthermore, the Minister’s role includes overseeing the leave of absence granted to members, ensuring that it does not exceed the stipulated limit.
Breaching the provisions of the Act can lead to serious consequences. Engaging in paid employment outside the official duties of a member results in automatic vacating of office. While the Act does not explicitly detail offences and penalties for other breaches, it is implied that non-compliance with the salary and conditions of appointment, as well as the leave of absence provisions, could lead to disciplinary actions or legal consequences. The maximum penalties for breaches are not explicitly stated within the provided text, but such violations may result in civil or administrative penalties as per the relevant laws and regulations in place.