Customs Amendment (Anti-dumping Improvements) Act (No. 1) 2012 (205 of 2012)
Schedule 1
Customs Act 1901
22 Sections 269ZK to 269ZT
Repeal the sections, substitute:
269ZK What this Division is about
This Division establishes the Review Panel. It:
• deals with the appointment of members to the Panel; and
• deals with the terms and conditions for members; and
• provides for the provision of resources to the Panel; and
• regulates the disclosure of information in the Panel’s control.
269ZL Establishment of Review Panel
The Review Panel is established by this section.
269ZM Membership of the Review Panel
The Review Panel consists of the following members:
(a) a SeniorMember;
(b) at least 2 other members.
269ZN Review Panel’s powers
The Review Panel has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Part in relation to the review of certain decisions made by the Minister or the CEO.
Note: Sections 269ZZA and 269ZZN set out these reviewable decisions.
269ZO Protection of members
A member of the Review Panel has, in the performance of his or her duties as a member, the same protection and immunity as a Justice of the High Court.
269ZP Appointment of members
(1) Each member of the Review Panel is to be appointed by the Minister by written instrument.
(2) A member of the Review Panel holds office on a part-time basis.
(3) The Minister must not appoint an officer of Customs as a member of the Review Panel.
(4) A person must not be appointed as a member of the Review Panel unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
269ZQ Period of appointment for members
A member of the Review Panel holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.
269ZR Terms and conditions of appointment
(1) A member of the Review Panel holds office on such terms and conditions as are determined in writing by the Minister.
(2) An office of Review Panel member is not a public office for the purposes of Part II of the Remuneration Tribunal Act 1973.
269ZS Disclosure of interests to the Minister
A member of the Review Panel must give written notice to the Minister of any direct or indirect pecuniary interest that the member has or acquires and that conflicts or could conflict with the proper performance of the member’s functions.
269ZT Outside employment
A member of the Review Panel must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties.
269ZTA Resignation
(1) A member of the Review Panel 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.
269ZTB Termination of appointment
(1) The Minister may terminate the appointment of a member of the Review Panel for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of a member of the Review Panel if:
(a) the member:
(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 member engages in paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties (see section 269ZT); or
(c) the member fails, without reasonable excuse, to comply with section 269ZS; or
(d) the member is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.
269ZTC Acting appointments
The Minister may, by written instrument, appoint a person to act as a member of the Review Panel:
(a) during a vacancy in the office of the member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the member:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
269ZTD Provision of resources to Review Panel
(1) The Minister must arrange with the Review Panel for sufficient resources (including personnel) to be made available to the Panel to enable the Panel to perform the Panel’s functions effectively.
(2) If a person is performing services for the Review Panel under such an arrangement, the person must perform those services in accordance with the directions of the Panel.