1Tariff Board Act 1972

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Tariff Board

No. 50 of 1972

An Act relating to the Membership of the Tariff Board.

[Assented to 7 June 1972]

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 1972.

(2.) The Tariff Board Act 1921–1971 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 1921–1972.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Tariff Board.

3. Section 5 of the Principal Act is amended—

(a) by omitting the word “nine” and inserting in its stead the words “not less than seven nor more than eleven”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) The exercise of the powers and the performance of the duties and functions of the Board are not affected by reason only of the number of members falling below seven for a period of not more than three months.”.

Members of Board.

4. Section 6 of the Principal Act is amended by omitting from sub-section (2.) the words “two of those members, or, if the Governor-General thinks fit, three of those members,” and inserting in their stead the words “not less than two nor more than five of those members,”.

Delegation by Chairman.

5.—(1.) Section 9 of the Principal Act is amended by omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections:—

“(1.) The Chairman may, by writing under his hand, delegate any of his powers, duties and functions under this Act (except this power of delegation) to—

(a) a Deputy Chairman; or

(b) a member who—

(i) is empowered to preside at a meeting or meetings of a Division of the Board by virtue of sub-section (6.) of section twelve a of this Act; or

(ii) constitutes a Division of the Board in accordance with section twelve b of this Act.

“(2.) A power, duty or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation but, where it is so delegated to a member (not being a Deputy Chairman) under paragraph (b) of the last preceding sub-section, it shall not be exercised or performed except for the purposes of an inquiry and report to be made by the Division of the Board at whose meeting or meetings he is empowered to preside or which is constituted by him.”.