Preliminary
An Act relating to the provision of assistance to the steel industry.
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Steel Industry Authority Act 1983.
2 Commencement [see Note 1]
This Act shall come into operation on 1 January 1984.
3 Effect on Industries Assistance Commission Act 1973
(1) Subject to sub‑section (2), this Act does not affect the operation of the Industries Assistance Commission Act 1973. (2) Sub‑section 23(3) of the Industries Assistance Commission Act 1973 does not apply in relation to anything done by the Minister:
(a) under or in pursuance of this Act; or
(b) in relation to any matter the subject of a report or recommendation by the Authority.
4 Interpretation
In this Act, unless the contrary intention appears:
appoint includes re‑appoint.
Authority means the Steel Industry Authority established by section 5.
Chairman means the Chairman of the Authority and includes a member acting as Chairman.
inquiry means an inquiry conducted under Part IV.
member means a member of the Authority and includes a person acting as a member.
steel industry means the steel industry in Australia.
Part II—Establishment, Object, Functions And Powers Of The Steel Industry Authority
5 Establishment
There is established by this Act an authority by the name of the Steel Industry Authority.
6 Object
The object of the establishment of the Authority is to provide advice to the Commonwealth to assist the Commonwealth in making decisions relating to the provision of assistance to the steel industry.
7 Functions
(1) The functions of the Authority are to monitor and analyse steel industry matters and, where it thinks it appropriate, conduct inquiries, report to the Minister and make recommendations to the Minister on such matters. (2) In sub‑section (1), steel industry matters means matters relating to the steel industry and, in particular, the following matters:
(a) investment in the steel industry;
(b) the volume of steel produced by the steel industry and the volume of sales of that steel;
(c) the volume of steel imported into Australia;
(d) the volume of sales in Australia of steel, and particular steel products, produced by the steel industry, and those volumes expressed as a percentage of the total volumes of sales in Australia of steel and particular steel products respectively;
(e) changes in employment levels in the steel industry and the manner in which the changes are effected;
(f) the productivity of labour in the steel industry and the relationship between changes in the productivity of labour in the steel industry and the productivity of labour in other industries in Australia;
(g) wage settlements in the steel industry;
(h) compliance with agreed procedures for resolution of industrial disputes in the steel industry;
(j) the prices of steel produced by the steel industry and the prices of steel produced in foreign countries;
(k) the standards of product quality attained or set by the steel industry;
(m) the services that the steel industry provides to buyers of steel;
(n) the level of taxes and charges levied by the State Governments on the steel industry;
(p) assistance provided, and to be provided, by the Commonwealth to the steel industry;
(q) matters relating to the steel industry that the Minister, by notice in writing, refers to the Authority.
8 Authority to report to Minister on changes in markets
(1) If:
(a) the volume of sales in Australia by the steel industry of steel products in a particular product category over any period of 3 months, expressed as a percentage of the total volume of sales in Australia of steel products in that product category over that period, is less than 80% or more than 90%; or
(b) in the opinion of the Authority, the volume of imports into Australia of a particular steel product that is not in a product category has risen rapidly and is not likely to fall to a corresponding extent in the reasonably foreseeable future;
the Authority shall, as soon as practicable, report to the Minister making recommendations on any need for changes in assistance to the steel industry or for any other action. (2) The Minister may, by notice published in the Gazette, designate a category of steel products to be a product category for the purposes of this section.
9 Powers
In addition to any other power conferred on it by this Act, the Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions and may inform itself in such manner as it thinks fit.
Part III—Constitution and Meetings of the Authority
10 Membership of the Authority
(1) The Authority shall consist of 3 part‑time members. (2) The members shall be appointed by the Governor‑General. (3) A member holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined by the Governor‑General. (4) The performance of the duties and functions and the exercise of the powers of the Authority are not affected by reason only of the number of members falling below 3 for a period of not more than 3 months.
11 Tenure of office
Subject to this Act, a member holds office for such period, not exceeding 2 years, as is specified in the instrument of his appointment, but is eligible for re‑appointment.
12 Chairman
(1) The Governor‑General shall appoint a member to be Chairman of the Authority. (2) The Chairman holds office for the period of his appointment as a member, or for such lesser period as is specified in the instrument of his appointment as Chairman, but is eligible for re‑appointment. (3) A person shall not continue to hold the office of Chairman if he ceases to be a member. (4) The Chairman holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined by the Governor‑General.
13 Remuneration and allowances
(1) The Chairman and the other members shall be paid:
(a) such remuneration as is determined by the Remuneration Tribunal; and
(b) such allowances as are prescribed.
(2) This section has effect subject to the Remuneration Tribunals Act 1973.
14 Disclosure of interests
(1) The Chairman shall give written notice to the Minister of all direct and indirect pecuniary interests that he has or acquires in any business carried on in Australia or in any body corporate carrying on any such business. (2) Where the Chairman has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of his functions during a meeting, the interest shall be disclosed in the report resulting from the meeting. (3) Where a member (other than the Chairman) has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of his functions during a meeting:
(a) he shall disclose the interest to the Chairman;
(b) except with the consent of the Chairman, he shall not take part, or continue to take part, in the meeting; and
(c) if he takes part, or continues to take part, in the meeting‑the interest shall be disclosed in the report resulting from the meeting.
(4) Where the Chairman becomes aware that a member (other than the Chairman) has, in relation to a matter that is, or is to be, considered at a meeting, an interest of the kind referred to in subsection (3):
(a) if the Chairman considers that the member should not take part, or should not continue to take part, in the meeting‑he shall give a direction to the member accordingly; or
(b) in any other case‑the interest of the member shall be disclosed in the report resulting from the meeting.
(5) In this section, meeting includes:
(a) an inquiry; and
(b) a part of a meeting or of an inquiry.
15 Leave of absence
The Minister may grant to a member leave of absence on such terms and conditions as to remuneration and otherwise as the Minister determines.
16 Resignation of office
(1) A member may resign his office by writing signed by him and delivered to the Governor‑General. (2) The Chairman may resign the office of Chairman by writing signed by him and delivered to the Governor‑General.
17 Retirement from office
The Governor‑General may, with the consent of the member, retire a member from office on the ground of invalidity.
18 Suspension and removal from office
(1) A member shall not be removed from office except as provided by this section. (2) The Governor‑General may suspend a member from office on the ground of misbehaviour or physical or mental incapacity. (3) Where the Governor‑General suspends a member from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension. (4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sittings days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be restored to office and, if each House so passes a resolution, the Governor‑General shall terminate the suspension. (5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor‑General may remove the member from office. (6) If a member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or
(b) fails, without reasonable excuse, to comply with his obligations under section 14;
the Governor‑General shall remove him from office. (7) Where a member who is an eligible employee for the purposes of the Superannuation Act 1976 is removed from office under sub‑section (5) on the ground of physical or mental incapacity, he shall be deemed, for the purposes of that Act, to have been retired on the ground of invalidity on the day on which he was suspended from office. (8) A member who is suspended from office under this section is not entitled to be paid any remuneration or allowances in respect of the period of his suspension unless he is restored to office.
19 Acting appointments
(1) The Minister may appoint a member to act as the Chairman:
(a) during a vacancy in the office of Chairman; or
(b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason (including the reason that he is suspended from office), unable to perform the duties of his office;
but a member appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Minister may appoint a person to act as a member other than the Chairman:
(a) during a vacancy in the office of that member; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that he is acting as Chairman or is suspended from office), unable to perform the duties of his office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (3) While a person is acting as Chairman or as a member other than the Chairman, he has and may exercise all the powers, and shall perform all the functions, of the Chairman or that member, as the case may be. (4) An appointment of a person under sub‑section (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (5) The Minister may:
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Chairman or as a member other than the Chairman; and
(b) terminate such an appointment at any time.
(6) Where:
(a) a person is acting as the Chairman in accordance with paragraph (1)(b); or
(b) a person is acting as a member other than the Chairman in accordance with paragraph (2)(b);
and that office becomes vacant while that person is so acting, then, subject to subsection (4), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (7) The appointment of a person to act as the Chairman or as a member other than the Chairman ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister. (8) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
20 Meetings of the Authority
(1) The Chairman shall convene such meetings of the Authority as he considers necessary for the efficient performance of its functions. (2) Meetings of the Authority shall be held at such places as the Chairman determines. (3) The Chairman shall preside at all meetings of the Authority. (4) The Authority shall keep records of its meetings. (5) Subject to this Act, the Chairman may give directions regarding the procedure to be followed at or in connection with a meeting of the Authority. (6) At a meeting of the Authority:
(a) the Chairman and one other member form a quorum;
(b) all questions shall be decided by a majority of votes of the members present and voting; and
(c) the Chairman has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) Where a majority of the members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a duly constituted meeting of the Authority held on the day on which the document was signed, or, if the members sign the document on different days, on the day on which the document was last signed by a member. (8) For the purposes of sub‑section (7), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be deemed to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.
Part IV—Conduct of Formal Inquiries
21 Procedure at inquiries
(1) Subject to sub‑section (2), an inquiry shall be held in public. (2) The Authority may hold the whole or part of an inquiry in private if, in the opinion of the Authority, the circumstances are such that it is necessary or desirable in the public interest to do so. (3) Where proceedings are held in private, the Authority may inform itself on any matter in such manner as it thinks fit. (4) Where proceedings are held in public:
(a) evidence in the proceedings shall, subject to this sub‑section, be taken on oath or affirmation;
(b) the Authority may, if it thinks fit, permit a person appearing as a witness to give evidence by tendering, and verifying by oath or affirmation, a written statement;
(c) where the Authority considers that the attendance of a person as a witness would cause serious hardship to the person, the Authority may permit the person to give evidence by sending to the Authority a written statement, verified in such manner as the Authority directs;
(d) where evidence is given by a written statement in accordance with paragraph (b) or (c), the Authority shall make available to the public in such manner as it thinks fit the contents of the statement, other than any matter:
(i) that the person who gave the evidence objects to being made public; and
(ii) the evidence of which the Authority is satisfied would have been taken in private if that evidence had been given orally and the witness had objected to giving it in public.
(5) Subject to this section:
(a) the procedure to be followed at an inquiry is within the discretion of the Authority; and
(b) the Authority is not bound by the rules of evidence.
22 Power to summon witnesses
The Chairman may, by writing signed by him, summon a person to appear before the Authority at a time and place specified in the summons to give evidence and produce such books and documents (if any) as are referred to in the summons.
23 Failure of witness to attend
A person served with a summons under this Part shall not, without reasonable excuse:
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or released from further attendance, by the Chairman.
Penalty: $1,000 or imprisonment for 6 months.
24 Power to administer oath or affirmation
The Chairman may administer an oath or affirmation to a person appearing as a witness.
25 Refusal to be sworn or to answer questions
A person appearing as a witness shall not, without reasonable excuse:
(a) refuse or fail to comply with a requirement by the Chairman to be sworn or to make an affirmation;
(b) refuse or fail to answer a question that he is required to answer by the Chairman; or
(c) refuse or fail to produce a document that he was required to produce by a summons served on him.
Penalty: $1,000 or imprisonment for 6 months.
26 Protection of members and witnesses
(1) A member has, in the exercise of his powers and the performance of his duties and functions as a member in relation to an inquiry, the same protection and immunity as a Justice of the High Court. (2) Subject to this Act, a person appearing as a witness has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, as a witness in proceedings in the High Court.
27 Contempt of Authority
A person shall not:
(a) insult or disturb a member in the exercise of his powers or the performance of his functions or duties as a member;
(b) interrupt an inquiry;
(c) use insulting language towards a member;
(d) create a disturbance, or take part in creating or continuing a disturbance, in a place where the Authority is holding an inquiry; or
(e) do any other act or thing that would, if the Authority were a court of record, constitute a contempt of that court.
Penalty: $1,000 or imprisonment for 6 months.
28 Powers of Authority in relation to documents produced
(1) A member or a member of the staff assisting the Authority may inspect any books or documents furnished to the Authority for the purposes of the performance of its functions under this Act or produced at an inquiry and may make copies of, or take extracts from, those books or documents. (2) A book or document so furnished may be retained by the Authority for such reasonable period as is necessary for the purposes of the Authority, but during that period the Authority shall permit a person otherwise entitled to possession of the book or document to inspect, make copies of and take extracts from the book or document at such places and times as the Authority thinks appropriate.
29 Allowances to witnesses
A person served with a summons under this Part is entitled to be paid by the Commonwealth such allowances for his travelling and other expenses as are prescribed.
30 Witness prejudiced in his employment
(1) An employer shall not:
(a) dismiss an employee from his employment, or prejudice an employee in his employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry; or
(b) dismiss or threaten to dismiss an employee from his employment, or prejudice or threaten to prejudice an employee in his employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry.
Penalty: $1,000 or imprisonment for 6 months.
(2) In any proceedings for an offence against this section:
(a) if it is established that the employee was dismissed from, or prejudiced in, his employment and that, before he was so dismissed or prejudiced, he appeared as a witness, or gave any evidence, at an inquiry—the burden lies on the defendant of proving that the employee was not dismissed or prejudiced by reason that he so appeared as a witness or gave evidence; or
(b) if it is established that the employee was dismissed, or threatened with dismissal, from his employment, or was prejudiced, or threatened with prejudice, in his employment and that before he was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he proposed to appear as a witness, or to give evidence, at an inquiry—the burden lies on the defendant of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that he proposed so to appear as a witness or to give evidence.
Part V—Miscellaneous
31 Reports
(1) The Authority shall, not later than 30 September in each year, prepare and furnish to the Minister a report on the operations of the Authority during the period of 12 months that ended on the preceding 30 June. (2) The Authority shall, at least once every 3 months, prepare and furnish to the Minister a report on the operations of the Authority during the period that has elapsed since the last period covered by a report furnished to the Minister under this section. (3) The Minister shall cause a copy of a report furnished to him under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he received the report.
32 Engagement of consultants
(1) The Authority may, on behalf of the Commonwealth engage persons to supply information to the Authority for the purpose of the performance of its functions. (2) The terms and conditions of the engagement of persons under subsection (1) shall be such as are determined by the Authority .
33 Authority may supply information
(1) Subject to subsection (2), the Authority may, in its discretion, supply to a person information received by it under this Act. (2) The Authority shall not supply information under sub‑section (1) if doing so would constitute a breach of confidence.
34 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
35 Termination of Act
On 31 December 1988, this Act shall cease to have effect and, for the purposes of section 8 of the Acts Interpretation Act 1901, shall be deemed to be repealed by an Act other than this Act.