Commonwealth Numbered Acts

INDUSTRIES ASSISTANCE COMMISSION ACT 1973 No. 169 of 1973 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

''Associate Commissioner'' means an Associate Commissioner of the Commission;

''Chairman'' means the Chairman of the Commission and includes a person acting
as Chairman of the Commission;

''Commission'' means the Industries Assistance Commission established by this
Act, and includes a Division of that Commission performing functions of that
Commission;

''Commissioner'' means a Commissioner of the Commission and includes the
Chairman and a person appointed to act as a Commissioner;

''duties'' means duties of customs but does not include duties of customs
imposed in accordance with the Customs Tariff (Dumping and Subsidies) Act
1961-1965;

''goods'' includes-

   (a)  animals, poultry and fish; and

   (b)  minerals, trees and crops, whether on, under or attached to land or
        not;

''industry'' includes any business or activity concerned with or related to
the production or supply of goods or the supply of services;

''meeting'', in relation to the Commission, includes a sitting of the
Commission for the purpose of taking evidence;

''production'', in relation to goods being minerals, includes recovery and
treatment.

(2) For the purposes of this Act-

   (a)  a reference to assistance includes a reference to assistance by way of
        the imposition of duties or the doing of any other act that would in
        any way, directly or indirectly, assist a person to carry on a
        business or activity or confer a pecuniary benefit on, or result in a
        pecuniary benefit accruing to, a person in respect of the carrying on
        of a business or activity;

   (b)  a reference to the provision of financial assistance is a reference to
        the provision of assistance by way of making payments of moneys to
        persons engaged in the industry concerned, but does not include a
        reference to the provision of assistance by way of making such
        payments where equivalent amounts of moneys have been raised by a tax
        imposed on the industry for the purpose of providing the assistance;

   (c)  a reference to assistance, or financial assistance, by the Australian
        Government is a reference to such assistance-

        (i)    under a law of Australia passed for the purpose of providing
               assistance to the industry concerned;

        (ii)   under an appropriation made by a law of Australia, being an
               appropriation made for the purpose of providing assistance to
               the industry concerned; or

        (iii)  under a scheme formulated for the purpose of providing
               assistance to the industry concerned, being a scheme that is
               wholly or partly dependent for its operation on, or on the
               doing of any act under, such a law or on the making of payments
               out of such an appropriation; and

   (d)  the payment of moneys to a body corporate established for a public
        purpose by or under a law of Australia or of a State or Territory,
        being a body corporate that is engaged in an industry, shall be deemed
        not to constitute the provision of financial assistance to that
        industry except to the extent, if any, to which the moneys are applied
        by that body corporate in providing financial assistance to other
        persons engaged in that industry.