Commonwealth Numbered Acts

INDUSTRIES ASSISTANCE COMMISSION AMENDMENT ACT 1978 No. 1 of 1978 - SECT 14

14. Sections 26, 27, 28, 29 and 30 of the Principal Act are repealed and the
following sections substituted: Acting appointment
''26. (1) Where the full-time member of the Authority is, or is expected to
be, absent from duty or from Australia or is suspended, or there is, or is
expected to be a vacancy in the office of the full-time member of the
Authority, the Minister may appoint a person to act as the full-time member of
the Authority during the absence or suspension or until the filling of the
vacancy.

''(2) A person appointed to act as the full-time member of the Authority
during a vacancy in the office of the full-time member of the Authority shall
not continue to act as the full-time member of the Authority after the
expiration of 12 months after the occurrence of the vacancy.

''(3) The Minister may at any time terminate an appointment made by him under
this section.

''(4) Subject to this section, a person acting in the office of the full-time
member of the Authority holds office on such terms and conditions as the
Minister determines.

''(5) While the appointment of a person under sub-section (1) remains in
force, he has, and may exercise, all the powers, and shall perform all the
functions, of the full-time member of the Authority.

''(6) A person appointed to act as the full-time member of the Authority may
resign his appointment by writing under his hand delivered to the Minister.

''(7) The validity of anything done by a person acting in the office of the
full-time member of the Authority shall not be called in question on the
ground that the occasion for his appointment had not arisen or that the
appointment had ceased to have effect. Associate members
''27. (1) The Minister, after consultation with the full-time member of the
Authority, may appoint a person to be an associate member, or persons to be
associate members, of the Authority.

''(2) An associate member of the Authority shall be appointed for a period
commencing on a day specified in the instrument of his appointment and ending
on the day on which the Authority completes its inquiry and report in relation
to a matter specified in that instrument, but is eligible for re-appointment.

''(3) An associate member of the Authority shall be paid such remuneration as
is determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.

''(4) An associate member of the Authority shall be paid such allowances as
are prescribed.

''(5) Sub-sections (3) and (4) have effect subject to the Remuneration
Tribunals Act 1973.

''(6) Subject to this section, an associate member of the Authority holds
office on such terms and conditions (if any) as the Minister determines.

''(7) Where an associate member has, or associate members have, been appointed
under sub-section (1) for the purposes of a particular inquiry, the full-time
member of the Authority may, by writing signed by him, determine that the
powers of the Authority under this Act in relation to that inquiry may be
exercised by a Division of the Authority constituted by-

   (a)  the associate member or associate members; or

   (b)  the full-time member of the Authority and the associate member or
        associate members, and, where such a determination is made, the
        Authority shall, for the purposes of the inquiry, be deemed to consist
        of that Division of the Authority.

''(8) A Division of the Authority may exercise powers of the Authority under
this Act notwithstanding that another Division of the Authority, or the
Authority as constituted by the full-time member of the Authority, is
exercising powers of the Authority at the same time.

''(9) In this section, a reference to the full-time member of the Authority
shall, if there is a person acting in the office of the full-time member of
the Authority, be read as a reference to the person so acting. Disclosure of
financial interests
''28. (1) The full-time member of the Authority shall give written notice to
the Minister of all direct or indirect pecuniary interests that he has or
acquires in any business carried on in Australia or in any body corporate
carrying on such a business.

''(2) Where an associate member of the Authority has or acquires any direct or
indirect pecuniary interest in any business carried on in Australia, or in any
body corporate carrying on any such business, being an interest that could be
in conflict with his duties as an associate member of the Authority he shall,
to the best of his knowledge, disclose that interest to the full-time member
of the Authority.

''(3) The full-time member of the Authority or an associate member of the
Authority shall not exercise any power by this Act conferred upon him in any
matter in which he has a direct or indirect pecuniary interest unless his
interest is disclosed in any report in which he participates.

''(4) In this section, a reference to the full-time member of the Authority
shall, if there is a person acting in the office of the full-time member of
the Authority, be read as a reference to the person so acting.

                 ''Division 2-Provision of Temporary Assistance
Interpretation
''29. In this Division-

   (a)  a reference to the taking of action to provide temporary assistance to
        an industry following the receipt by the Minister of a report of the
        Authority under section 30A in relation to the industry shall be read
        as a reference to the taking of action to provide assistance to the
        industry, being action that, by reason of the operation of sub-section
        23 (3), could not have been taken but for the application of
        sub-section 30B (1) in relation to that report; and

   (b)  a reference to temporary assistance being provided to an industry
        shall be read as a reference to assistance being provided to an
        industry in consequence of the taking of action of the kind referred
        to in paragraph (a). Purpose of inquiry
''29A. The principal purpose of an inquiry by the Authority under this Part in
relation to an industry is to enable the Authority to report to the Minister
on the level of assistance to the industry that is necessary to maintain the
existing level, or a previously existing level, of activity and employment in
the industry, and the Authority shall perform its functions under this Part
accordingly. Request by Minister for inquiry by Temporary Assistance Authority
''30. (1) Where it appears to the Minister that urgent action may be necessary
to provide assistance to an industry that is experiencing difficulty by reason
of the importation of any goods, he may request the Authority to undertake an
inquiry in relation to that industry and to report to the Minister-

   (a)  whether it is necessary that urgent action be taken to provide
        assistance to that industry; and

   (b)  if such urgent action is necessary-the nature and extent of the
        assistance that the Authority recommends should be provided to the
        industry.

''(2) Where, under sub-section (1), the Minister has requested the Authority
to undertake an inquiry in relation to an industry, the Minister may, at any
time before he has received a report from the Authority in pursuance of the
request, withdraw or amend the request.

''(3) Where the Minister amends a request to the Authority to undertake an
inquiry, sub-section 30A (1) applies in relation to the inquiry as if the
reference in that sub-section to the date on which the request was made were a
reference to the date on which the Minister amended the request. Inquiry and
report by Temporary Assistance Authority
''30A. (1) Where the Authority is requested under section 30 to undertake an
inquiry in relation to an industry, the Authority shall-

   (a)  after giving notice of the inquiry in accordance with section 32,
        forthwith undertake the inquiry; and

   (b)  as soon as practicable, but not later than 45 days after the date on
        which the request was made, report to the Minister in accordance with
        the request and recommend to the Minister whether or not a matter
        relating to the giving or continuance of assistance to the industry
        should forthwith be referred to the Commission under section 23 for
        inquiry and report.

''(2) Part V applies in relation to an inquiry conducted by the Authority
under this section in like manner as that Part applies in relation to an
inquiry conducted by the Commission and, for the purpose of the application of
that Part in relation to an inquiry by virtue of this sub-section-

   (a)  a reference in that Part other than section 34 and sub-section 40 (1)
        to the Commission shall be read as a reference to the Authority;

   (b)  a reference in that Part other than section 34 to a Commissioner shall
        be read as a reference to-

        (i)    if the Authority is constituted for the purposes of the inquiry
               by one person only-that person; and

        (ii)   if the Authority is constituted for the purposes of the inquiry
               by 2 or more persons-any of those persons;

   (c)  the reference in section 34 to the Chairman or a Commissioner who has
        been nominated to preside at a meeting of the Commission shall be read
        as a reference to-

        (i)    if the Authority is constituted for the purposes of the inquiry
               by one person only-that person;

        (ii)   if the Authority is constituted for the purposes of the inquiry
               by 2 or more persons including the full-time member of the
               Authority-the full-time member of the Authority; or

        (iii)  if the Authority is constituted for the purposes of the inquiry
               by 2 or more persons not including the full-time member of the
               Authority-one of those persons authorized by the full-time
               member of the Authority to exercise powers under section 34 in
               relation to the inquiry;

   (d)  the reference in section 34 to the Commission (second occurring) shall
        be read as a reference to the Authority; and

   (e)  the reference in sub-section 40 (1) to the Commission (second
        occurring) shall be read as a reference to the Authority.

''(3) When undertaking an inquiry as to whether it is necessary that urgent
action be taken to provide assistance to an industry that is experiencing
difficulty by reason of the importation of any goods, the Authority shall
inquire into the question whether those goods are being imported in such
increased quantities as to cause or threaten serious injury to that industry
in relation to like or directly competitive goods produced by the industry and
shall have regard to the results of the inquiry into that question. Action to
provide temporary assistance
''30B. (1) Subject to this Division, where the Minister has received a report
of the Authority under section 30A in relation to an industry, sub-section 23
(3) does not prevent the taking of action to provide assistance to the
industry in accordance with this Division.

''(2) Where, following the receipt by the Minister of a report of the
Authority under section 30A in relation to an industry, action is taken to
provide temporary assistance to the industry, the Minister shall cause a copy
of the report to be laid before each House of the Parliament within 7 sitting
days of that House after the day on which the action is taken.

''(3) Where, following the receipt by the Minister of a report of the
Authority under section 30A in relation to an industry, action is taken to
provide temporary assistance to the industry, the Minister shall, as soon as
practicable after that assistance is provided, or commences to be provided,
cause to be published in the Gazette a notice specifying the nature of that
assistance and stating that the assistance has been provided, or has commenced
to be provided, following the receipt by the Minister of the report and, where
such a notice is published, sub-section (1) ceases to have effect in relation
to the report. Reference of matters to Commission
''30C. Where temporary assistance (in this section referred to as the
'relevant assistance') commences to be provided to an industry and, during the
period of 4 years immediately preceding the date on which the relevant
assistance commences to be provided, assistance was provided to the industry
for a period of 2 years, or for periods the sum of which is not less than 2
years, being assistance provided to the industry as a result of-

   (a)  the taking of action by the Minister under section 29 or 30 of this
        Act as in force at any time before the commencement of the
        Industries Assistance  Commission Amendment Act 1978 or as continued
        in force by section 18 of that last-mentioned Act;

   (b)  the taking of action to provide temporary assistance to the industry
        following the receipt by the Minister of a report of the Authority
        under section 30A in relation to the industry; or

   (c)  the taking of action to provide assistance to the industry for a
        limited period following the receipt by the Minister of a report of
        the Commission in relation to the industry, the Minister shall,
        forthwith after the relevant assistance commences to be provided,
        refer to the Commission for inquiry and report under section 23 a
        matter relating to the continuance or withdrawal of assistance to the
        industry. Continuation of temporary assistance beyond 12 months
''30D. (1) Where temporary assistance has commenced to be provided to an
industry and it appears to the Minister that the assistance may need to
continue to be provided to the industry after the expiration of the period of
12 months after the date on which the assistance commenced to be provided, the
Minister may request the Commission or the Authority to undertake an inquiry
in relation to the industry and to report to the Minister whether the
assistance should continue to be provided to the industry after the expiration
of that period of 12 months.

''(2) Where, under sub-section (1), the Minister requests the Commission to
undertake an inquiry, the Minister shall specify a period within which the
Commission is to report to the Minister in accordance with the request.

''(3) Where, under sub-section (1), the Minister requests the Authority to
undertake an inquiry, the Minister shall specify a period, not exceeding 45
days, within which the Authority is to report to the Minister in accordance
with the request.

''(4) Temporary assistance shall not continue to be provided to an industry
after the expiration of the period of 12 months after the date on which the
assistance commenced to be provided unless, before the expiration of that
period of 12 months, the Minister has received a report of the Commission or
of the Authority in relation to that assistance in pursuance of a request by
the Minister under sub-section (1). Continuation of temporary assistance
beyond 2 years
''30E. (1) Where-

   (a)  temporary assistance has been provided to an industry for a period of
        12 months after the date on which the assistance commenced to be
        provided; and

   (b)  it appears to the Minister that the assistance may need to continue to
        be provided to the industry after the expiration of the period of 2
        years after the date on which the assistance commenced to be provided,
        the Minister may request the Commission to undertake an inquiry in
        relation to the industry and to report to the Minister whether the
        assistance should continue to be provided to the industry after the
        expiration of that period of 2 years.

''(2) Where, under sub-section (1), the Minister requests the Commission to
undertake an inquiry, the Minister shall specify a period within which the
Commission is to report to the Minister in accordance with the request.

''(3) Temporary assistance shall not continue to be provided to an industry
after the expiration of the period of 2 years after the date on which the
assistance commenced to be provided unless, before the expiration of that
period of 2 years, the Minister has received a report of the Commission in
relation to that assistance in pursuance of a request by the Minister under
sub-section (1). Inquiry and report
''30F. (1) Where the Authority is requested under section 30D, or the
Commission is requested under section 30D or 30E, to undertake an inquiry and
to report to the Minister, the Authority or Commission, as the case may be,
shall-

   (a)  after giving notice of the inquiry in accordance with section 32,
        forthwith undertake the inquiry; and

   (b)  report to the Minister in accordance with the request within the time
        specified by the Minister as the time within which the Authority or
        Commission, as the case may be, was to report in accordance with the
        request.

''(2) Sub-section 30A (2) applies in relation to an inquiry by the Authority
under this section in like manner as that sub-section applies in relation to
an inquiry by the Authority under section 30A.

''(3) Where the Minister has received a report of the Commission in pursuance
of a reference required to be made by section 30C or in pursuance of a request
under section 30D or 30E, he shall, as soon as practicable after the receipt
of the report, notify in the Gazette the fact that he has received the report
and the date upon which he received the report. Limitation on import
restrictions and duties
''30G. (1) Where-

   (a)  following the receipt by the Minister of a report of the Authority
        under section 30A in relation to an industry, action has been taken to
        provide temporary assistance to the industry by means of, or by means
        of measures that include, the temporary prohibition or restriction of
        the importation of goods; and

   (b)  following the taking of that action, the Minister has received a
        report of the Commission in relation to the industry in pursuance of a
        reference required to be made by section 30C or in pursuance of a
        request under section 30E, the Minister shall, before the expiration
        of the period of 3 months after the date on which he received the
        report of the Commission, take action for the purpose of the removal
        of the prohibition or restriction.

''(2) Sub-section 30B (1) does not authorize the taking of action to provide
assistance to an industry following the receipt by the Minister of a report of
the Authority under section 30A in relation to the industry, being assistance
that consists of or includes the collection of a duty on any goods, unless the
action is for the purpose of the collection of a duty on those goods that is
not to operate after the expiration of 3 months after the date on which the
Minister receives a report of the Commission-

   (a)  in pursuance of a reference that, by virtue of section 30C, is
        required to be made to the Commission forthwith after the assistance
        commences to be provided; or

   (b)  in pursuance of a request by the Minister under section 30E in
        relation to the assistance. Action by Minister to terminate assistance
''30H. Where-

   (a)  by reason of section 30D or 30E, temporary assistance is not to
        continue to be provided to an industry after the expiration of the
        period of 12 months, or the period of 2 years, as the case may be,
        after the date on which the assistance commenced to be provided; and

   (b)  action by the Minister is required to ensure that the temporary
        assistance does not continue to be provided to the industry after the
        expiration of that period of 12 months or 2 years, as the case may be,
        the Minister shall take that action. Operation of section 23
''30J. (1) Subject to sub-section 23 (3), the termination of the provision of
temporary assistance to an industry by reason of section 30D, 30E or 30G does
not prevent the taking of further action to provide assistance to that
industry.

''(2) Sub-section 23 (3) does not prevent the taking of action to terminate,
or to reduce the extent of, temporary assistance that is being provided to an
industry.

''Division 3-Miscellaneous Annual report by Temporary Assistance Authority
''30K. (1) The Authority shall, within 90 days after each year ending on 30
June, furnish to the Minister a report on the operations of the Authority
during that year.

''(2) The Minister shall cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after the date of
receipt of the report by the Minister.

''(3) The copy of the report so laid before a House of the Parliament shall be
accompanied by a statement by the Minister setting out what action (if any)
has been taken during the year to which the report relates in respect of each
report made to the Minister by the Authority during that year or a preceding
year.''.