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Wednesday, 5 December 1973
Page: 4326

Bill returned from the Senate with amendments.

Motion (by Mr Whitlam) agreed to:

That the amendments be taken into consideration in Committee of the whole House forthwith.

In Committee

Consideration of the Senate's amendments.

Clause 20.

(2)   Where a Commissioner (other than the Chairman) or an Associate Commissioner has or acquiries 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 a Commissioner or Associate Commissioner, he shall, to the best of his knowledge, disclose that interest to the Chairman.

Clause 22.

(1)   In the performance of its functions, the Commission shall have regard to the desire of the Australian Government, in pursuing the general objectives of national economic and social policy and urban and regional development, to improve and promote the well-being of the people of Australia, with full employment, stability in the general level of prices, viability in external economic relations, conservation of the natural environment and rising and generally enjoyed standards of living, and, in particular, to the desire of the Australian Government to -

(a)   improve the efficiency with which the community's productive resources are used;

Clause 23.

(3)   The Minister shall not take any action in respect of any of the matters specified in sub-section (4), being action that is related to the provision of assistance to a particular primary or secondary industry but not being action that is necessary in order to implement the policy of the Australian Government -

(a)   in relation to, or in relation to negotiations for, bilateral or multilateral trade agreements; or

(b)   in relation to tariff preference for developing countries, unless he has received a report of the Commission in relation to that matter under this Act, or if the Minister referred that matter to the Commission for inquiry and report and, when so referring that matter, specified a period within which the Commission was to report on that matter, thirty days have elapsed since the expiration of that period, but nothing in this subsection prevents action being taken to provide assistance to an industry in accordance with, or for the purposes of, a law of Australia that was passed or made before the commencement of this Act.

(4)   The matters referred to in sub-section (3) are -

(a)   whether duties should be imposed on goods of a particular description imported into Australia;

(f)   whether financial assistance for a period exceeding twelve months should be provided to an industry by the Australian Government;

(g)   where financial assistance (not being financial assistance provided after inquiry and report by the Commission or the Tariff Board) has been provided to an industry by the Australian Government for a period not exceeding, or for periods not exceeding in the aggregate, twelve months - whether financial assistance should be provided to that industry by the Australian Government for a further period so that the total period for which financial assistance will be provided will exceed twelve months; or

(h)   whether financial assistance that has been provided to an industry by the Australian Government for a period exceeding twelve months should be suspended or withdrawn or the rate of that financial assistance should be increased or reduced.

(5)   For the purposes of paragraph (4) (g), any period for which financial assistance has been provided to an industry and which occurred not less than six years before the commencement of the further period referred to in that paragraph or occurred before the commencement of this Act shall be disregarded.

Clause 24.

(1)   Where-

(a)   duties are imposed on goods of a particular description imported into Australia; and

(b)   a period of not less than six years has elapsed since -

(i)   the date on which the duties on goods of that description were first imposed; or

(ii)   where, since that date, the Commission or the Tariff Board has made an inquiry and report in relation to the assistance that should be provided to the industry producing goods of that description - the date on which that report was furnished, the Commission may on its own initiative inquire into and report on the assistance that should be provided to the industry producing goods of that description.

Clause 25.

In this Part, "Commissioner" includes an Associate Commissioner.

Clause 26.

Where it appears to the Minister that urgent action may be necessary to protect an industry, in relation to the importation of any goods, pending receipt and consideration of a report of the Commission in relation to those goods, he may request the Chairman to nominate a Commissioner to undertake an inquiry, either in relation to the importation of those goods generally or in relation to the importation of those goods from a particular country or countries, and to report to the Minister -

Clause 27.

(1)   Upon receipt of a request under section 26, the Chairman shall, by writing signed by him, nominate a Commissioner to undertake the inquiry, and the Commissioner shall forthwith undertake the inquiry.

(2)   A Commissioner undertaking an inquiry under this section may conduct the inquiry in such manner as he thinks fit.

Senate's amendment No. 1 -

In clause 20, after sub-clause (2), insert the following new sub-clause: "(3) A Commissioner 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 -

(a)   is recorded in the minutes, and

(b)   is disclosed in any report in which he participates.".

Senate's amendment No. 2 -

In clause 22, sub-clause (1), after paragraph (a), insert the following new paragraph: "(aa) encourage those economic activities in Australia, and the producers of the goods and services concerned, which contribute to improving the efficiency with which the community's productive resources are used;".

Senate's amendment No. 3 -

In clause 23, at end of sub-clause (3) add "or to provide financial assistance to an industry in accordance with, or for the purposes of, a law of Australia that is passed or made after the commencement of this Act and before 1 July 1974 ".

Senate's amendment No. 4 -

In clause 23, sub-clause (4), leave out paragraphs (f) and (g), insert the following paragraphs: "(f) whether financial assistance for a period exceeding two years should be provided to an industry by the Australian Government, whether or not any financial assistance has previously been provided to that industry by the Australian Government; "(g) whether financial assistance for a period not exceeding two years should be provided by the Australian Government to an industry to which financial assistance (not being financial assistance provided after inquiry and report by the Commission or the Tariff Board) has previously been provided by the Australian Government, where -

(i)   the period, or the sum of the periods, of the financial assistance that has previously been so provided (excluding so much of that period or those periods as occurred more than six years before the commencement of the period of the proposed further financial assistance or occurred before the commencement of this Act) is not less than two years; or

(ii)   the sum of so much of the period or periods of the financial assistance that has previously been so provided as is required to be taken into account under subparagraph (i) and the period of the proposed further financial assistance exceeds two years; or".

Senate's amendment No. 5 -

In clause 23, lines 22 and 23, leave out "twelve months ", insert " two years ".

Senate's amendment No. 6 -

In clause 23, leave out sub-clause(5).

Senate's amendment No. 7 -

In clause 23, after " industry " (wherever occurring), insert the following words, "or to a particular group or groups of primary or secondary industries ".

Senate's amendment No. 8 -

In clause 24, line 23, leave out " six years ", insert " ten' years ".

Senate's amendment No. 9 -

Clause 25, leave out the clause, insert the following clause - "25. (1) There shall be a Temporary Assistance Authority, comprising not more than three persons, appointed by the Governor-General on a full-time or on a part-time basis as appropriate.

(2)   Members of the Temporary Assistance Authority shall hold office under such terms and conditions as the Governor-General determines.".

Consequential amendments -

In clause 26, leave out "he may request the Chairman to nominate a Commissioner ", insert " he may request the Temporary Assistance Authority ".

Clause 27, leave out the clause, insert the following clause: " 27. (1) Upon receipt of a request under section 26, the Temporary Assistance Authority shall forthwith undertake the inquiry.

(2)   The Temporary Assistance Authority undertaking an inquiry under this section in relation to any goods shall conduct the inquiry in such manner as it thinks fit.".

In clause 28, leave out, "Commissioner" (wherever occurring), insert " Temporary Assistance Authority ".

In clause 29, leave out " Commissioner " (wherever occurring), insert "Temporary Assistance Authority".

In clause 30, line 9, leave out " Commissioner " insert " Temporary Assistance Authority ".

In clause 31, line 7, leave out "Commissioner", insert " Temporary Assistance Authority ".







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