TARIFF BOARD 1952.
No. 43 of 1952.
An Act to amend the Tariff Board Act 1921–1950.
[Assented to 27th September, 1952.]
[Date of commencement, 25th October, 1952.]
BE it enacted by the Queen’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 1952.
(2.) The Tariff Board Act 1921–1950, as amended by this Act, may be cited as the Tariff Board Act 1921–1952.
Salary and conditions of appointment of members.
2. Section eight of the Tariff Board Act 1921–1950 is amended by inserting after sub-section (3.) the following sub-section:—
“(3a.) In addition to any leave of absence that may be granted to a member under the last preceding sub-section, the Minister may, in the event of the illness of a member, grant to him leave of absence for such period, with payment at such rate of salary (if any), as the Minister thinks fit.”.
Overview
The Tariff Board Act 1952 was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, to amend the existing Tariff Board Act 1921–1950. The 1952 Act was introduced to address the need for more flexible provisions regarding the leave of absence for members of the Tariff Board. The policy objective, as reflected in the amendments, was to provide the Minister with the discretion to grant additional leave, with or without pay, in cases of illness, thereby ensuring the Board's capacity to function effectively even in the absence of its members due to health reasons. The Act was assented to on 27th September 1952 and commenced on 25th October 1952.
Scope and Application
The Tariff Board Act 1952 is an amendment to the Tariff Board Act 1921–1950, establishing specific provisions related to the salary and conditions of appointment of members of the Tariff Board. This Act applies to the members of the Tariff Board, detailing their remuneration and the conditions under which they may be granted leave, particularly in cases of illness. It is a Commonwealth Act, therefore, its jurisdiction extends across the entirety of Australia, applying uniformly to all members of the Tariff Board regardless of their location within the country. Notably, this Act does not introduce any exclusions or exemptions and does not specify any thresholds for its application. The Act's provisions are direct and do not rely on subordinate instruments for extension or restriction of their application.
Key Provisions
The Tariff Board Act 1952 amends the Tariff Board Act 1921–1950 by introducing several changes, notably concerning the salary and conditions of appointment of members of the Tariff Board. Section 2 of the Act introduces a new subsection (3a) to section eight of the 1921–1950 Act, allowing the Minister to grant additional leave of absence to a member in the event of illness, along with the payment of salary at a rate deemed appropriate by the Minister.
Under this new provision, the obligations on the Minister include the ability to grant extended leave to a member who is unwell, ensuring that the member is compensated for the period of absence. This is an enhancement over the existing provisions, providing more flexibility and consideration for members' health and well-being. Additionally, the Minister must determine the rate of salary to be paid during this leave, which may involve assessing the member's circumstances and the duration of the leave.
Failure to comply with the provisions of this Act could result in various legal consequences. While the specific offences and penalties are not detailed in the provided excerpt, it is likely that breaches of the provisions could lead to disciplinary actions or legal challenges. In general, non-compliance with legislative mandates concerning public officers and their conditions of service could potentially result in administrative penalties or other legal repercussions, depending on the severity and nature of the breach.