Tariff Board Act 1953

Legislation au C1953A00087 Not in force Act

Legislation content

TARIFF BOARD.

 

No. 87 of 1953.

An Act to amend the Tariff Board Act 1921-1952.

[Assented to 11th December, 1953.]

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 1953.

(2.) The Tariff Board Act 1921-1952 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 1921-1953.

Commencement.

2. This Act shall come into operation on the first day of January, One thousand nine hundred and fifty-four.

3. Sections four, five, six and seven of the Principal Act are repealed and the following sections inserted in their stead:—

Definitions.

“4. In this Act, unless the contrary intention appears—

‘member’ means a member of the Board;

‘the Board’ means the Tariff Board appointed under this Act;

‘the Chairman ‘ means the Chairman of the Board;

‘the Department’ means the Department of Trade and Customs.

Tariff Board.

“5. For the purposes of this Act there shall be a Tariff Board consisting of seven members.

Members of Board.

“6.—(1.) Members of the Board shall be appointed by the Governor-General.


“(2.) The Governor-General shall so exercise his powers to appoint members that two members, or, if the Governor-General thinks fit, three members, will be persons each of whom—

(a) was, at the time of his appointment (or, if he has been appointed more than once, at the time of his last appointment) an officer of the Public Service of the Commonwealth; and

(b) was, at the time of his appointment (or, if he has been appointed more than once, at the time of his first appointment) an officer of the Department.

“(3.) A member holds office for such period as is specified in the instrument of his appointment, being a period of not less than one year nor more than five years, but, subject to this Act, is eligible for reappointment.

“(4.) In case of the illness, suspension or absence of a member, the Governor-General may appoint a person to be the deputy of the member during the illness, suspension or absence, and a deputy so appointed has all the powers and shall perform all the duties of the member of whom he is the deputy during the illness, suspension or absence.

“(5.) Where a member was, immediately before his appointment as a member, an officer of the Public Service of the Commonwealth, his service as a member shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1953 applies as if this Act and this section had been specified in the Schedule to that Act.

The Chairman.

“7.—(1.) The Governor-General shall appoint a member to be Chairman of the Board.

“(2.) In case of the illness, suspension or absence of the Chairman, the Governor-General may appoint one of the other members to act as Chairman during the illness, suspension or absence, and a member so appointed has all the powers and shall perform all the duties of the Chairman during the illness, suspension or absence.”.

Sittings of the Board.

4. Section eleven of the Principal Act is amended by omitting from sub-section (3.) the word “temporary”.

Quorum of Board.

5. Section twelve of the Principal Act is amended by omitting from sub-section (1.) the word “two” and inserting in its stead the word “four”.

6. Section twelve a of the Principal Act is repealed and the following section inserted in its stead:—

Exercise of powers of Board by members specified by Chairman.

“12a.—(1.) Where a matter has been referred to the Board for inquiry and report, the Chairman may, subject to the next succeeding sub-section, determine, by writing under his hand, that, for the purposes of that inquiry and report, the powers of the Board under this Act may be exercised by the Chairman and such other members as are specified by the Chairman.


“(2.) The members specified by the Chairman under the last preceding sub-section shall be not less than two nor more than four in number and shall include one, and not more than one, of the members referred to in sub-section (2.) of section six of this Act.

“(3.) For the purposes of the inquiry into and report on a matter in relation to which the Chairman has made a determination under sub-section (1.) of this section, the Board shall be deemed to consist of the Chairman and the other members specified in the determination.

“(4.) Notwithstanding sub-section (1.) of the last preceding section, at a meeting of the Board constituted in accordance with the last preceding sub-section, two members, of whom at least one is a member other than a member referred to in sub-section (2.) of section six of this Act, are a quorum.

“(5.) A meeting of the Board as constituted by virtue of a determination made under sub-section (1.) of this section may be held notwithstanding that a meeting of the Board as constituted by virtue of another determination made under that sub-section is being held at the same time.”.

Vacancy not to invalidate proceedings.

7. Section thirteen of the Principal Act is amended by omitting sub-section (2.).

Existing Chairman and members to continue in office.

8. Nothing in this Act affects the tenure of office of the Chairman and other members of the Board holding office immediately before the commencement of this Act.

 

Overview

The Tariff Board Act 1953 was enacted by the Parliament of the Commonwealth of Australia to amend the Tariff Board Act 1921-1952. This Act was introduced to address issues with the composition and procedures of the Tariff Board, which was responsible for advising on tariff matters. The Tariff Board Act 1953 provides for the appointment of members, the tenure of office, and the quorum requirements for the Board, ensuring the efficient and effective functioning of the Tariff Board in its advisory role. The policy objective of the Act is to ensure that the Tariff Board is well-structured and capable of providing informed advice on tariff-related issues, thereby supporting the economic and trade policies of the Commonwealth. The Tariff Board Act 1953 establishes a Board consisting of seven members appointed by the Governor-General, with specific provisions for the appointment of officers from the Public Service of the Commonwealth and the Department of Trade and Customs. It also sets out the procedures for appointing a Chairman and the conditions under which the Board may exercise its powers. The Act ensures continuity in the Board's operations by providing that existing members continue in office until their terms expire or they are reappointed, and it clarifies the quorum requirements for the Board's meetings. This legislation aims to enhance the Board's capability to provide expert advice on tariff matters, thereby supporting the economic interests of Australia.

Scope and Application

The Tariff Board Act 1953 amends the Tariff Board Act 1921-1952 and comes into operation on the first day of January 1954. It applies to the Tariff Board, which is appointed under the Act and consists of seven members, including the Chairman. Members are appointed by the Governor-General, with specific stipulations regarding their qualifications and tenure. The Act outlines the procedures for appointing deputy members and acting Chairmen in cases of illness, suspension, or absence of the Chairman or other members. The Act also provides that the service of members counts towards their public service rights under the Officers’ Rights Declaration Act 1928-1953. The Board’s quorum requirements have been altered, now needing four members instead of two, and provisions have been made for the exercise of Board powers by a smaller group of members specified by the Chairman. This Act does not invalidate proceedings due to vacancies and ensures that existing members continue in their positions until their terms expire. The Act applies nationally as Commonwealth legislation, with no specific exclusions or exemptions mentioned in the provided text.

Key Provisions

The Tariff Board Act 1953 introduces significant amendments to the Tariff Board Act 1921-1952. Key sections include the definition of terms (Section 4), the establishment of the Tariff Board (Section 5), and the appointment and tenure of its members (Section 6). The Act specifies that the Board consists of seven members appointed by the Governor-General, with particular emphasis on ensuring that at least two or three members have prior experience as officers of the Department of Trade and Customs (Section 6(2)). Members serve for a period between one and five years, with eligibility for reappointment (Section 6(3)). The Governor-General also has the authority to appoint a deputy for any member during their illness, suspension, or absence (Section 6(4)). The Chairman of the Board is appointed by the Governor-General, with provisions for an acting Chairman in the event of the Chairman's illness, suspension, or absence (Section 7). The obligations imposed by the Act on the parties involved primarily revolve around the appointment and functioning of the Tariff Board. The Governor-General holds significant responsibility in appointing the members of the Board and their deputies, ensuring that the Board is properly constituted and can function effectively even in the absence of its members (Sections 5 and 6). The Act mandates that at least two members of the Board must have prior service in the Department of Trade and Customs, ensuring that the Board has the necessary expertise and experience to make informed decisions (Section 6(2)). Furthermore, the Act outlines the quorum requirements and the process for conducting inquiries and reports, which must include the Chairman and at least one other specified member, with a minimum of two members required for a quorum (Section 12a). Breach of the provisions outlined in the Tariff Board Act 1953 could lead to various consequences. Although the Act does not explicitly detail offences or penalties for non-compliance, the nature of the Board's responsibilities and the appointments made under the Act suggest that any failure to adhere to its stipulations could undermine the Board's ability to function effectively. This could potentially result in delays or deficiencies in the Board's inquiries and reports, which might have broader implications for trade and tariff policies. The precise legal consequences of such breaches would likely be determined by the courts in the context of specific cases.

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Administrative Law
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Act
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Commencement Provisions
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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.