Customs Amendment (Anti-Dumping Commission) Act 2013 (32 of 2013)
Schedule 1 Amendments
Part 1 Main amendments
Customs Act 1901
8 Before Division 1 of Part XVB
Insert:
Division 1A - Anti-Dumping Commission and Commissioner
Subdivision A - Preliminary
269SMA What this Division is about
• This Division establishes the Anti-Dumping Commission within the Australian Customs and Border Protection Service.
• There is to be a Commissioner of the Anti-Dumping Commission. The Commissioner has functions and powers under this Part.
• The Commissioner is to be assisted by staff of the Australian Customs and Border Protection Service.
Subdivision B - Anti-Dumping Commission
269SMB Establishment
There is to be an Anti-Dumping Commission within the Australian Customs and Border Protection Service.
269SMC Constitution of the Anti-Dumping Commission
The Anti-Dumping Commission consists of:
(a) the Commissioner; and
(b) the staff assisting the Commissioner as mentioned in subsection 269SMQ(1).
269SMD Function of the Anti-Dumping Commission
The Anti-Dumping Commission's function is to assist the Commissioner in the performance of his or her functions or the exercise of his or her powers.
269SME Anti-Dumping Commissionhas privileges and immunities of the Crown
The Anti-Dumping Commission has the privileges and immunities of the Crown in right of the Commonwealth.
Subdivision C - Commissioner
269SMF Establishment
(1) There is to be a Commissioner of the Anti-Dumping Commission.
(2) The Commissioner has the powers and functions conferred or imposed on him or her by this Act or any other law.
269SMG Powers of Commissioner
The Commissioner has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
269SMH Appointment
(1) The Commissioner is to be appointed by the Minister by written instrument.
(2) The Commissioner may be appointed on a full-time or part-time basis.
269SMI Term of appointment
The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The Commissioner may be reappointed: see section 33AA of theActs Interpretation Act 1901.
269SMJ Acting Commissioner
The Minister may appoint an individual to act as the Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: Sections 33AB and 33A of theActs Interpretation Act 1901 have rules that apply to acting appointments.
269SMK Terms and conditions of appointment
(1) The Commissioner holds office on such terms and conditions as are determined in writing by the Minister.
(2) The office of Commissioner is not a public office for the purposes of Part II of theRemuneration Tribunal Act 1973.
269SML Disclosure of interests to the Minister
The Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that conflict or could conflict with the proper performance of the Commissioner's functions.
269SMM Outside employment
Full-time Commissioner
(1) If the Commissioner is appointed on a full-time basis, he or she must not engage in paid employment outside the duties of his or her office without the Minister's approval.
Part-time Commissioner
(2) If the Commissioner is appointed on a part-time basis, he or she must not engage in any paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her duties.
269SMN Resignation
(1) The Commissioner may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
269SMO Termination of appointment
(1) The Minister may terminate the appointment of the Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner fails, without reasonable excuse, to comply with section 269SML; or
(d) the Commissioner is appointed on a full-time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office (see subsection 269SMM(1)); or
(e) the Commissioner is appointed on a part-time basis and engages in paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her duties (see subsection 269SMM(2)).
269SMP Delegation
(1) The Commissioner may, by writing, delegate any of the Commissioner's functions or powers to an officer of Customs.
(2) In performing functions or exercising powers under a delegation, the delegate must comply with any written directions of the Commissioner.
Subdivision D - Staff assisting the Commissioner
269SMQ Staff
(1) The staff assisting the Commissioner are to be staff referred to in section 15 of the Customs Administration Act 1985and made available for the purpose by the CEO.
(2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.
Note: Subsection 4(2) of the Customs Administration Act 1985 provides that the CEO, under the Minister, controls the Australian Customs and Border Protection Service.