Summary heading

Abolition

The Department of Business and Consumer Affairs was abolished on 7 May 1982 (Commonwealth Gazette, No S94, 7 May 1982). The new Department of Industry and Commerce [II] (CA 3256) inherited the Customs and Excise functions from the Department of Business and Consumer Affairs whilst control of corporate affairs, trade practices and consumer affairs, including supervision of the Trade Practices Commission (CA 2788) and the National Companies and Securities Commission (CA 3084) went to the Attorney-General's Department (CA 5); and supervision of the Industries Assistance Commission (CA 1719), the Petroleum Products Pricing Authority (CA 3213) and industry protection policy generally, went to the Department of Administrative Services [II] (CA 1964).

Creation

On its creation on 22 December 1975, the Department of Business and Consumer Affairs assumed "responsibility for business practices, bankruptcy and insolvency, patents, trade marks and copyright from the Attorney-General's Department; the customs and excise functions from the Department of Police and Customs, and consumer affairs from the Department of Science and Consumer Affairs.

In his press release announcing the arrangements, the Prime Minister stated:

These functions [are] now administered by a Department which is organized to have close contact with the community, consumers and business. The Department [has] a strong practical orientation, to ensure that regulatory activities are carried out in the public interest. The Department [maintains] close contact with other specialized departments.

 The Minister for Business and Consumer Affairs [is] responsible for the Industries Assistance Commission, the Temporary Assistance Authority, the Prices Justification Tribunal and the Trade Practices Commission. Responsibility for the future Securities and Exchange legislation [is to] be within this Ministry" (Prime Minister's Press Release, 18 December 1975).

Functions and activities

 The functions of the new Department as formally listed in the Administrative Arrangements Order of 22 December 1975 were:

 Business practices

 Duties of customs and excise

 Bounties on the production or export of goods

 Bankruptcy and insolvency

 Patents of inventions and designs, and trade marks

 Copyrights

 Consumer Affairs.

Legislation administered

Enactments administered by the Minister of the new Department comprised the following:

. Agricultural Tractors Bounty Act 1966-1973

. Bankruptcy Act 1966-1975, except to the extent to which that Act is administered by the Attorney-General

. Beer Excise Repeal Act 1968

. Book Bounty Act 1969-1975

. Boy Scouts Association Act 1924-1966

. Canned Fruit Excise Repeal Act 1968

. Cellulose Acetate Flake Bounty Act 1956-1973

. Coal Excise Act 1949-1973

. Commerce (Trade Descriptions) Act 1905-1973, in so far as that Act relates to imports

. Copper Bounty Act 1958-1966

. Copyright Act 1968-1973

. Customs Act, except to the extent that that Act is administered by the Attorney-General

. Customs Tariff (Anti-Dumping) Act 1975

. Customs Tariff (Cost Export Duty) Act 1975

. Customs Tariff Act 1966-1974

. Customs Tariff Validation Acts

. Defence (Transitional Provisions) Act 1946-1973 and Defence Transition (Residual Provisions) Act 1952-1973, in relation to the following regulations: National Security (Industrial Property) Regulations; National Security (Supplementary) Regulation 62

. Design Act 1906-1973

. Diesel Fuel Tax Acts

. Diesel Fuel Taxation (Administration) Act 1957-1973

. Distillation Act 1901-1973

. Excise Act 1901-1974

. Excise Tariff 1921-1975

. Excise Tariff Validation Acts

. Industries Assistance Commission Act 1973

. Liquified Gas (Road Vehicles Use) Tax Act 1974

. Liquified Gas (Road Vehicles Use) Tax Collection Act 1974

. Metal Working Machine Tools Bounty Act 1972-1973

. Narcotic Drugs Act 1967-1973

. New Zealand Drugs Act 1967-1973

. New Zealand Re-exports Act 1924-1947

. Nitrogenous Fertilizers Subsidy Act 1966-1974

. Patents Act 1952-1973

. Patents, Trade Marks, Designs and Copyright Act 1939-1973

. Phosphate Fertilizers Bounty Act 1963-1971

. Prices Justification Act 1973-1974

. Refrigeration Compressors Bounty Act 1975

. Spirits Act 1906-1973

. States Grants (Petroleum Products) Act 1965-1973

. Trade Marks Act 1955-1973

. Trade Practices Act 1974-1975, except to the extent to which it is administered by the Minister for Transport.

. Trading with Enemy Act 1939-1973, except so far as that Act relates to the control of enemy property

. War Precautions Act Repeal Act 1920-1973, in relation to paragraph 22(e)

Under the Administrative Arrangements Order approved on 5 October 1976 (Australian Government Gazette, No S175, 5 October 1976), the administration of copyrights under the Copyright Act 1968-1973 was transferred to the Attorney-General's Department (CA 5) and secondary entry control (an implicit function) passed to the Department of Immigration and Ethnic Affairs (CA 1955). Citation of the Customs Tariff Act (which the Department still administered) was

corrected from Customs Tariff Act 1966-1974 to Customs Tariff Act 1966. The Department was charged with the administration of the newly-enacted Psychotropic Substances Act 1976, effective from the date of Royal Assent, 25 August 1976.

In the Administrative Arrangements Order of 8 November 1976, the Department passed responsibility for patents of inventions and designs and trade marks to the Department of Productivity (CA 2129). In September 1979, Registrars in Bankruptcy were transferred to the Attorney-General's Department (CA 5); however, the Official Receivers remained under the control of the Department of Business and Consumer Affairs.

In late 1981, the Shipping Registration Act 1981 appeared on the list of enactments administered by the Department of Transport [III] (CA 1492). The Collectors and Sub-collectors of Customs, located in the Department of Business and Consumer Affairs, continued to make entries in the existing Register of British Ships until January 1982 when the function became centralised in the Shipping Registration Office in the Department of Transport [III].

The Review of Commonwealth Functions held several implications for the Department of Business and Consumer Affairs; the Prices Justification Tribunal was abolished on 26 June 1981; a Petroleum Pricing Authority was established in its place to monitor petroleum product prices; the scope and activities of the Trade Practices Commission were to be reduced; the functions and workload of the Industries Assistance Commission were examined with a view to staff savings; the Customs By-law System was to be examined with a view to possible improvements; finally the Government intended to make greater use of contracting out bankruptcy work to private lawyers and accountants.

Administrative structure

Historical agency address

Barton ACT (and Trade Group Offices)

State/regional structure

Records created by the agency

Additional information

Ministers for the Department of Business and Consumer Affairs were: 

22 Dec 1975 - 17 Jul 1977  : Hon John Winston Howard (CP 197)

17 Jul 1977 -  7 Dec 1979  : Hon Wallace Clyde Fife

 7 Dec 1979 - 20 Apr 1980  : Hon Ransley Victor Garland (CP 70)

 2 Nov 1980 - 20 Apr 1982  : John Colinton Moore (CP 284)

20 Apr 1982 -  7 May 1982  : Neil Anthony Brown (CP 287)

Secretaries of the Department were:

12 Dec 1975 -  8 Nov 1976  : A Carmody

 8 Nov 1976 - 14 Mar 1982  : M A Besley

14 Mar 1982 -  7 May 1982  : T P Hayes

End notes

Sources

1. Media Release, Minister for Business and Consumer Affairs,

   30 April 1981

2. Commonwealth Gazette, No S94, 7 May 1982