Bounty Legislation Amendment Act 1990 (Cth)

Bounty Legislation Amendment Act 1990

No. 42 of 1990

An Act to amend certain Acts providing for the payment of bounty, and for related purposes

[Assented to 16 June 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Bounty Legislation Amendment Act 1990.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) The amendments of the Bounty (Ships) Act 1989 made by section 3 are taken to have commenced on 1 July 1989.

(3) The amendments of the Bounty and Subsidy Legislation Amendment Act (No. 2) 1988 made by section 3 are taken to have commenced on 26 December 1988.

Amendments of various Acts

3. The Acts specified in Schedule 1 are amended as set out in that Schedule.

Repeal

4. The Acts set out in Schedule 2 are repealed.

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SCHEDULE 1 Section 3

AMENDMENTS OF VARIOUS ACTS

Bounty and Subsidy Legislation Amendment Act (No. 2) 1988

The item in Schedule 1 that amends the definition of “bounty period” in subsection 2 (1) of the Bounty (Printed Fabrics) Act 1981:

After “31 December 1988” insert “(wherever occurring)”.

The item in Schedule 1 that amends the definition of “bounty period” in subsection 2 (1) of the Bounty (Textile Yarns) Act 1981:

After “31 December 1988” insert “(wherever occurring)”.

Bounty (Books) Act 1986

Subsection 4 (1) (definition of “production run”):

Omit the definition, substitute the following definition:

“ ‘production run’ means a number of books, each being a book:

(a) the contents of which are the same as the contents of all of the other books; and

(b) the binding of which is completed as part of the same binding operation that extends to all of the other books;”.

Paragraph 5 (1) (p):

Omit “produced by a manufacturer or manufacturers in”, substitute “comprising”.

Paragraph 5 (1) (u):

Omit the paragraph, substitute the following paragraph:

“(u) a book that the Comptroller is satisfied was, or will be, after 1 July 1990, exported, either directly or indirectly through another country or other countries, to New Zealand.”.

Paragraph 10 (3) (b):

Omit “that was produced”, substitute “included”.

Subsection 14 (3):

Omit “produced”, substitute “included”.

SCHEDULE 1—continued

Bounty (Computers) Act 1984

Subsection 9 (6):

After the subsection, insert the following subsection:

“(6a) Bounty is not payable in respect of bountiable equipment that the Comptroller is satisfied was, or will be, after 1 July 1990, exported, either directly or indirectly through another country or other countries, to New Zealand.”.

Bounty (Metal Working Machines and Robots) Act 1985

Subsection 16(11):

After the subsection, insert the following subsection:

“(11a) Bounty is not payable in respect of bountiable equipment that the Comptroller is satisfied was, or will be, after 1 July 1990, exported, either directly or indirectly through another country or other countries, to New Zealand.”.

Bounty (Ships) Act 1989

Paragraph 5 (1) (c):

Omit the paragraph, substitute the following paragraph:

“(c) the direct material costs incurred by the shipbuilder in respect of goods that are:

(i) actually incorporated in the vessel or in the modification of the vessel, as the case requires; or

(ii) consumed in the construction or modification of the vessel, as the case requires;”.

Subparagraph 5 (1) (e) (ii):

After “incorporated” insert “or consumed”.

Subsection 5 (3):

Omit the subsection, substitute the following subsection:

“(3) For the purposes of subsection (1), material costs incurred by a shipbuilder in respect of goods that are:

(a) actually incorporated in the bountiable vessel, in the modification of the bountiable vessel, or in the fitting out of the bountiable vessel; or

(b) consumed in the construction of the bountiable vessel, in the modification of the bountiable vessel, or in the fitting out of the bountiable vessel;

SCHEDULE 1—continued

means the full into-store cost to the shipbuilder of goods so used and, without limiting the generality of the foregoing, includes costs incurred by the shipbuilder in respect of materials used in, or component parts of, the bountiable vessel, that are imported from a foreign country, including any freight or insurance costs associated with that importation that are paid by the shipbuilder.”.

Bounty (Textile Yarns) Act 1981

Subsection 7 (1):

After the subsection, insert the following subsection:

“(1a) Bounty is not payable in respect of bountiable yarn that the Comptroller is satisfied was, or will be, after 1 July 1990, exported, either directly or indirectly through another country or other countries, to New Zealand.”.

Subsection 10b (1):

(a) Omit “$100”, substitute “$200”.

(b) Omit the penalty, substitute the following penalty:

“Penalty: $3,000.”.

Subsection 10b (4):

Omit “$100”, substitute “$200”.

Subsection 10ba (6):

Omit the penalty, substitute the following penalty:

“Penalty: $3,000.”.

Subsection 10ba (7):

Omit the penalty, substitute the following penalty:

“Penalty: Imprisonment for 6 months.”.

Subsection 10bb (1):

Omit the penalty, substitute the following penalty:

“Penalty: $3,000.”.

Paragraph 10bb (4) (b):

Omit “$100”, substitute “$200”.

Subsection 10c (1):

Omit “$100”, substitute “$200”.

Subsection 15 (2):

Omit the penalty, substitute the following penalty:

“Penalty: $3,000.”.

SCHEDULE 1— continued

Subsection 16 (1b):

Omit the penalty, substitute the following penalty:

“Penalty: Imprisonment for 6 months.”.

Subsection 18 (1):

Omit the penalty, substitute the following penalty:

“Penalty: Imprisonment for 6 months.”.

Subsection 18 (2):

Omit the penalty, substitute the following penalty:

“Penalty: Imprisonment for 5 years.”.

Subsection 18 (3):

(a) Omit “to the knowledge of the person” (wherever occurring).

(b) Omit the penalty, substitute the following penalty:

“Penalty: Imprisonment for 6 months.”.

Subsections 18 (9), (10) and (11):

Omit the subsections.

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SCHEDULE 2 Section 4

Bounty (Agricultural Tractors and Equipment) Act 1985

Bounty (Berry Fruits) Act 1982

Bounty (Books) Act 1969

Bounty (Commercial Motor Vehicles) Act 1978

Bounty (High Alloy Steel Products) Act 1983

Bounty (Injection-moulding Equipment) Act 1979

Bounty (Metal-working Machine Tools) Act 1978

Bounty (Paper) Act 1979

Bounty (Steel Mill Products) Act 1983

Fertilisers Subsidy Act 1986

Nitrogenous Fertilizers Subsidy Act 1966

Phosphate Fertilizers Subsidy Act 1963

Ship Construction Bounty Act 1975

[Minister’s second reading speech made in—

House of Representatives on 17 May 1990

Senate on 30 May 1990