Bounty and Subsidy Legislation Amendment Act 1988 (Cth)
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
AMENDMENT OF VARIOUS BOUNTY AND SUBSIDY ACTS
Omit the definition, substitute the following definition:
“ ‘terminating day’ means 15 September 1987;”.
Omit “30 June 1989”, substitute “31 December 1993”.
Omit the definition, substitute the following definition:
“ ‘children’s book’ means a book intended for children, whether with or without pictures, of which the text (if any) is not less than 3 millimetres in height;”.
Omit “, but does not include any step taken that relates to the advertising or promotion of the book”.
Omit the definition, substitute the following definition:
“ ‘production run’ means a production of a number of books, each being a book the contents of which are the same as the contents of all of the other books;”.
Omit the paragraph, substitute the following paragraph:
“(a) a book that is a magazine or other periodical that is not casebound and that is issued at regular intervals that do not exceed 6 months;”
Omit “picture”.
Omit “picture”.
Omit “and the bindings of which are identical”.
Omit the paragraph, substitute the following paragraph:
“(t) a book that is produced or published by or on behalf of an instrumentality or authority of the Commonwealth or of a State, not being a book:
(i) that is produced or published by or on behalf of an instrumentality or authority that is declared by the Minister, under subsection (8a), to be, or to be and to have been, with effect from a particular day, an instrumentality or authority to which that subsection applies; and
(ii) that is produced or published on or after that particular day and while that declaration remains in force.
After subsection (1) insert the following subsections:
“(1a) A book some only of the production processes of which are carried out by an instrumentality or authority of the Commonwealth or of a State shall not, by reason only thereof, be taken to be an ineligible book under paragraph (1) (t), but the production processes so carried out by the instrumentality or authority shall be disregarded in determining, for the payment of bounty, the production cost of the book.
“(1b) Nothing in subsection (1a) shall be taken to imply that a book in respect of which some only of the production processes are carried out by an instrumentality or authority of the Commonwealth or of a State may not be an ineligible book by reason that the book is produced on behalf of an instrumentality or authority of the Commonwealth or of a State or is published by or on behalf of such an instrumentality or authority.”.
Omit “picture”.
Omit “picture”.
After subsection (8) insert the following subsections:
“(8a) Where the Minister is satisfied that of the books produced or published, or likely to be produced or published, by or on behalf of a particular instrumentality or authority of the Commonwealth or of a State on or after a particular day all or most are, or will be, available for purchase by the public at a price that is not less than the cost to the instrumentality or authority of all production processes involved in the manufacturing of those books, the Minister may, by notice in writing, a copy of which shall be forwarded to the instrumentality or authority concerned, declare that
particular instrumentality or authority to be, or to be and to have been, with effect from that day, an instrumentality or authority to which this subsection applies.
“(8b) The Minister shall not declare a particular instrumentality or authority of the Commonwealth or of a State to have been an instrumentality or authority to which subsection (8a) applies with effect from a day occurring more than 12 months before the making of the declaration.
“(8c) The Minister shall not declare a particular instrumentality or authority of the Commonwealth or of a State to be, or to be and to have been, with effect from a particular day, an instrumentality or authority to which subsection (8a) applies if:
(a) that particular instrumentality or authority is the official printer of the Commonwealth or of a State; or
(b) of the books produced or published or likely to be produced or published by or on behalf of that particular instrumentality or authority on or after that day, most are or will be books produced or published by the official printer of the Commonwealth or of a State on behalf of that particular instrumentality or authority.”.
Repeal the section, substitute the following section:
“11. (1) Bounty in respect of a bountiable book is payable at an amount equal to:
(a) if the book is produced before 1 January 1989—20%;
(b) if the book is produced on or after 1 January 1989 and before 1 January 1990—18%;
(c) if the book is produced on or after 1 January 1990 and before 1 January 1991—16%;
(d) if the book is produced on or after 1 January 1991 and before 1 January 1992—14%; and
(e) if the book is produced on or after 1 January 1992—13.5%;
of the publisher’s production cost of the book.
“(2) Where the publisher of a book in respect of which bounty is payable under this Act supplied any paper or binding materials free of charge to the manufacturer or a manufacturer of the book for use in the production of the book, bounty in respect of the book ascertained in accordance with subsection (1) shall be increased by an amount equal to:
(a) if the book is produced before 1 January 1989—16.7%;
(b) if the book is produced on or after 1 January 1989 and before 1 January 1990—15.3%;
(c) if the book is produced on or after 1 January 1990 and before 1 January 1991—13.8%;
(d) if the book is produced on or after 1 January 1991 and before 1 January 1992—12.3%; and
(e) if the book is produced on or after 1 January 1992—11.9%; of the publisher’s paper cost in relation to the book.”.
Omit “$200, or such other amount as the Comptroller determines in writing,”, substitute “$500, or, if another amount is prescribed, that other amount,”.
Omit the subsection, substitute the following subsection:
“(3) A person shall not make more than one claim for an amount in respect of the bounty on books produced in a particular production run.”.
After “
Omit all the words after “manufacture of the equipment” (last occurring), substitute “was the provision of a production service; or”.
Omit all the words after “modification of the equipment” (last occurring), substitute “was the provision of a production service; or”.
Insert the following subsection:
“(1a) For greater certainty, and without, by implication, affecting the application of paragraph (c) of the definition of a ‘variable definition’ in any other respect, the modification of bountiable equipment B is declared to be a kind of process within the meaning of that paragraph.”.
Omit the subsection.
Omit “(other than a decision made under subsection 28 (9);”.
Repeal the section.
Omit the paragraph, substitute the following paragraph:
“(b) a ship that has been solely engaged in the Australian coastal trade during the period of 12 months preceding the date of the repair contract; or”.
Repeal the section, substitute the following section:
“3aa. Where:
(a) the last condition for the payment of bounty in respect of bountiable yarn (in this section called the ‘eligible yarn’) of a particular kind referred to in a paragraph of the definition of ‘bountiable yarn’ in subsection 2 (1) is satisfied on or after 1 July 1987 and in a qualifying accounting period of a producer of the eligible yam; and
(b) in the same qualifying accounting period of that producer, bountiable yarn of the same kind as the eligible yarn, produced by the same producer is sold, or otherwise disposed of, for export from Australia;
the factory cost, whether or not incurred after 1 July 1987, in connection with the process or processes carried out by that producer in the production of the eligible yarn is increased by an amount equal to 30% of the factory cost incurred in connection with the process or processes of producing the bountiable yarn referred to in paragraph (b).”.
After “production” insert “in Australia”.
After “producing” insert “in Australia”.
After “production” insert “in Australia”.
After “producing” insert “in Australia”.
Insert the following section:
“14a. (1) Notwithstanding any other provision of this Act, if the Comptroller is of the opinion that the amount available in a financial year for payment of subsidy will be insufficient to meet all valid claims for subsidy payable in that year, the Comptroller may, subject to the regulations:
(a) defer the making of such payments of subsidy as the Comptroller considers appropriate; and
(b) make payments of subsidy in such order as the Comptroller considers appropriate.
“(2) Notwithstanding any other provision of this Act, if money is not appropriated by the Parliament for the purpose of the payment of subsidy in a financial year, a person is not entitled to be paid subsidy in that year.”.
Omit “subsection (2)”, substitute “subsection (3)”.
Omit the subsection.
Omit “(other than a decision made under subsection 23 (8))”.
Omit the subsection.
Omit “(other than a decision made under subsection 23 (9))”.
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House of Representatives on 16 March 1988
Senate on 15 April 1988
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