PRIMARY PRODUCERS
RELIEF.
No. 47 of 1935.
An
Act to provide for Financial Assistance to the States in the provision of
Relief to Primary Producers, and for other purposes.
[Assented to 4th November,
1935.]
Preamble.
BE it enacted by the King’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.
1.—(1.) This Act may be cited as the PrimaryProducers Relief
Act 1935.
(2.) The Financial Relief
Act 1932–1933*, as amended by this Act, may be cited as the Financial Relief Act
1932–1935.
(3.) The Financial Relief Act 1934 , as amended by
the Financial Relief
Act 1935‡ and by this Act, may be cited as the Financial Relief Act
1934–1935.
Definitions.
2. In
this Act, unless the contrary intention appears—
“artificial
manure ” means any substance—
(а) which contains
nitrogen, phosphoric acid or potash;
(b) which has been
manufactured, produced or prepared in any manner for the purpose of fertilizing
the soil or supplying nutriment to plants; and
(c) in respect of which, if
used in a State, the laws of that State in relation to the preparation and sale
of that substance as a fertilizer have been complied with,
but
does not include—
(d) any animal or vegetable
matter which has not been subjected to process or manufacture ;
(e) agricultural lime or
other soil amendment; or
(f) any product prepared
primarily for supplying lime to the soil;
“Territory”
means a Territory of the Commonwealth situated within the Commonwealth
Appropriation of
£275,000 for relief to primary producers.
3. Subject to this Act, there shall be payable
out of the Consolidated Revenue Fund, which is hereby appropriated accordingly,
the sum of Two hundred and seventy-five thousand pounds for the purposes of
financial assistance to the States in the provision of relief to primary
producers in respect of the production of primary produce other than wheat and
for the purposes of providing relief to primary producers in any Territory in
respect of that production.
Amount payable to each State.
4. The amount which may be paid under the last
preceding section to any State shall be such as represents payments made by the
State to primary producers in respect of the production of primary produce
other than wheat, in that State, at the rate of fifteen shillings for each ton
of artificial manure used in that State, in respect of that production, by
primary producers during the year ending on the thirtieth day of June, One
thousand nine hundred and thirty-six:
Provided that, in calculating the amount which may be
paid to a State under this section in respect of artificial manure used by any
primary producer during that year, fractions of a ton less than one-half of a
ton shall be excluded and fractions of a ton greater than one-half of a ton
shall be excluded to the extent by which they exceed one-half of a ton.
Act No. 16, 1934.
‡ Act No. 36, 1935.
5. No payment made by a State to a primary
producer shall be taken into account in calculating the amount which may be
paid to that State under this Act unless—
Conditions of
payment.
(a) the primary producer has obtained, upon
application lodged by him with the Secretary of the Department of Commerce of
the Commonwealth on or before the thirty-first day of October, One thousand
nine hundred and thirty-six, a certificate in writing from the Secretary of
that Department stating that the primary producer has furnished satisfactory
evidence that he has used in that State, during the year ending on the
thirtieth day of June, One thousand nine hundred and thirty-six, in the
production of primary produce other than wheat, the quantity of artificial
manure stated in the certificate; and
(b) the amount of the payment is calculated at
the rate of fifteen shillings for each ton of artificial manure stated in the
certificate.
Payments to primary producers in Territories.
6. There shall be payable, out of the amount
appropriated by this Act, to each primary producer in respect of the production
of primary produce other than wheat, in any Territory, an amount representing
fifteen shillings for each ton of artificial manure used by that primary
producer in that Territory during the year ending on the thirtieth day of June,
One thousand nine hundred and thirty-six:
Provided that—
(a) in calculating
the amount which may be paid to a primary producer under this section in
respect of artificial manure used by him during that year, fractions of a ton
less than one-half of a ton shall be excluded and fractions of a ton greater
than one-half of a ton shall be excluded to the extent by which they exceed
one-half of a ton; and
(b) no amount shall be paid under this section
to a primary producer unless an application therefor has been lodged by him
with the Secretary of the Department of Commerce of the Commonwealth on or
before the thirty-first day of October, One thousand nine hundred and
thirty-six.
Offences.
7. No person shall—
(a) obtain any payment under this Act by means
of any false or misleading statement ; or
(b) present, to any officer or other person
doing duty in relation to this Act or the regulations made under this Act, any
document, or make to any such officer or person any statement, which is false
in any particular.
Penalty: Five hundred pounds, or
imprisonment for two years.
Minister may require information.
8.—(1.) The Minister, or any person thereto authorized
in writing by him, may, by notice in writing, call upon any person to furnish
to him, within such time as is specified in the notice, such books, documents
and information as the Minister or that authorized person
thinks
necessary for the purposes of, or in relation to compliance with, this Act or
the regulations made under this Act, or any suspected contravention thereof.
(2.) Any person who, without reasonable excuse (proof
whereof shall lie upon him), fails, after receipt of a notice under the last
preceding sub-section, to comply with the requirements of the notice, shall be
guilty of an offence.
Penalty: One hundred pounds, or imprisonment for six
months.
Regulations.
9. The Governor-General may make regulations,
not inconsistent with this Act, prescribing all matters which by this Act are
required or permitted to be prescribed, or which are necessary or convenient to
be prescribed, for carrying out or giving effect to this Act, and in particular
for prescribing penalties not exceeding Fifty pounds or imprisonment for a
period not exceeding three months for any breach of the regulations.
Amendment of section 32 of Financial Relief Act 1932-1933.
10. Section thirty-two of the Financial Relief Act
1932–1933 is amended by omitting from paragraph (a) the words “from the Secretary of the
Department of Commerce of the Commonwealth a certificate in writing”, and
inserting in their stead the words “, upon application lodged by him with the
Secretary of the Department of Commerce of the Commonwealth on or before the
thirtieth day of November, One thousand nine hundred and thirty-five, a
certificate in writing from the Secretary of that Department”.
Amendment of section 33 of Financial Relief Act 1932–1933.
11. Section thirty-three of the Financial Relief Act
1932–1933 is amended by adding at the end thereof the following proviso:—
“Provided
further that no amount shall be paid under this section to a primary producer
unless an application therefor has been lodged by him with the Secretary of the
Department of Commerce of the Commonwealth on or before the thirtieth day of
November, One thousand nine hundred and thirty-five”.
Amendment of section 21 of Financial Relief Act 1934.
12. Section twenty-one of the Financial Relief Act
1934, as amended by the Financial
Relief Act 1935, is amended by omitting from paragraph (a) the words “ upon application ma.de by him on or before
the thirty-first day of October, One thousand nine hundred and thirty-live,
from the Secretary of the Department of Commerce of the Commonwealth a
certificate in writing ”, and inserting in their stead the words “ upon
application lodged by him with the Secretary of the Department of Commerce of
the Commonwealth on or before the thirty-first day of October, One thousand
nine hundred and thirty-five, a certificate in writing from the Secretary of
that Department ”.
Amendment of section 22 of Financial Relief Act 1934.
13. Section twenty-two of the Financial Relief Act
1934, as amended by the Financial
Relief Act 1935, is amended by omitting from paragraph (b)