Copper Bounty Act (No. 2) 1960 (Cth)

COPPER BOUNTY (No. 2).

 

No. 100 of 1960.

An Act to amend the Copper Bounty Act 1958, as amended by the Copper Bounty Act 1960.

[Assented to 15th December, 1960.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Copper Bounty Act (No. 2) 1960.

(2.) The Copper Bounty Act 1958, as amended by the Copper Bounty Act 1960, is in this Act referred to as the Principal Act.

(3.) Section one of the Copper Bounty Act 1960 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Copper Bounty Act 1958-1960.

Commencement.

2. This Act shall come into operation on the first day of January, One thousand nine hundred and sixty-one.

Interpretation.

3.Section three of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “the prescribed quantity” and inserting in its stead the following definition:—

“‘the prescribed quantity’ means—

(a)in relation to the period to which this Act applies specified in paragraph (c), (d) or (g)of sub-section (2.) of this section—twenty-five tons; and

(b)in relation to any other period to which this Act applies—fifty tons.”;

(b) by omitting from sub-section (1.) the definition of “year to which this Act applies”; and

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) For the purposes of this Act, each of the following periods is a period to which this Act applies:—

(a)the period that commenced on the nineteenth day of May, One thousand nine hundred and fifty-eight, and ended on the thirtieth day of June, One thousand nine hundred and fifty-nine;

(b)the year that commenced on the first day of July, One thousand nine hundred and fifty-nine;

(c)the period that commenced on the first day of July, One thousand nine hundred and sixty, and ended on the thirty-first day of December of that year;

(d)the period commencing on the first day of January, One thousand nine hundred and sixty-one, and ending on the thirtieth day of June of that year;

(e)the year commencing on the first day of July, One thousand nine hundred and sixty-one;

(f) the year commencing on the first day of July, One thousand nine hundred and sixty-two; and

(g)the period commencing on the first day of July, One thousand nine hundred and sixty-three, and ending on the thirty-first day of December of that year.”.

Specification of bounty.

4.Section five of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the word “year” and inserting in its stead the word “period”.

Rates of bounty.

5.Section seven of the Principal Act is amended by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

“(3.) Where the amount determined by the Minister in accordance with the last preceding sub-section does not exceed Two hundred and ninety pounds, the rate of bounty is Thirty-five pounds per ton of refined copper.

“(4.) Where the amount determined by the Minister in accordance with sub-section (2.) of this section exceeds Two hundred and ninety pounds, the rate of bounty is an amount per ton of refined copper ascertained by deducting from Thirty-five

pounds an amount of One pound for each One pound by which the amount so determined exceeds Two hundred and ninety pounds.”.

Reduction of bounty where profits exceed ten per centum per annum.

6.—(1.) Section eight of the Principal Act is amended—

(a)by omitting from sub-sections (1.), (2.) and (6.) the word “year” (wherever occurring) and inserting in its stead the word “period”;

(b)by omitting from sub-sections (1.) and (2.) the words “sold for use in Australia”; and

(c) by adding at the end thereof the following sub-section:—

“(7.) Where a producer of copper ore sells the ore or a substance obtained from the ore, being a substance that contains copper and does not contain any other metal to such an extent that the value of the other metal exceeds the value of the copper—

(a)a reference in this section to the production and sale of refined copper shall, in relation to that producer, be read as including a reference to the production and sale of that ore or other substance; and

(b)the reference in sub-section (3.) of this section to the distribution or sale of refined copper shall, in relation to that producer, be read as including a reference to the distribution or sale of that ore or other substance.”.

(2.) The provisions of section eight of the Principal Act, and the provisions of sub-section (2.) of section three of the Principal Act so far as those provisions affect the operation of section eight of the Principal Act, continue to apply for the purposes of the ascertainment of the bounty payable in respect of refined copper sold before the commencement of this Act.

Arrangements between producers.

7.—(1.) Section nine of the Principal Act is repealed and the following section is inserted in its stead:—

“9.—(1.) Where the Minister is satisfied that there is or has been in operation an arrangement between any producers of refined copper which has or had the effect of sharing among those producers the financial advantage arising from sales of refined copper for use in Australia, the Minister may determine that bounty shall not be payable in respect of refined copper which has been sold for use in Australia by a producer but in respect of which, under the arrangement, that producer is not entitled to the full financial return obtainable from the sale of the refined copper for use in Australia.

“(2.) For the purposes of this section, the Minister may treat an arrangement made by, or payment made by or to, a

company or other person affiliated with, subsidiary to or otherwise connected with, a producer of refined copper as having been made by or to that producer.

“(3.) The Minister may, by writing under his hand, certify determinations made by him under this section, and any such certificate is, in all courts and for all purposes, evidence of those determinations.”.

(2.) The section inserted by the last preceding sub-section does not apply in relation to refined copper sold before the commencement of this Act, and the provisions of section nine of the Principal Act continue to apply in relation to that copper.

Accounts.

8. Section eleven of the Principal Act is amended—

(a)by omitting from sub-section (2.) the word “year” and inserting in its stead the word “period”; and

(b) byinserting after sub-section (2.) the following sub-section:—

“(2a.) Where a producer of copper ore sells the ore or a substance obtained from the ore, being a substance that contains copper and does not contain any other metal to such an extent that the value of the other metal exceeds the value of the copper, a reference in this section to the production and sale, or tosales, of refined copper shall, in relation to that producer, be read as including a reference to the production and sale, or to sales, as the case may be, of that ore or other substance.”.

Return for Parliament.

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