Prune Bounty Act 1936 (Cth)

PRUNE BOUNTY.

No. 6 of 1936.

An Act to provide for the Payment of a Bounty on the Export of Prunes from the Commonwealth.

[Assented to 20th March, 1936.]

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. This Act may be cited as the Prune Bounty Act 1936.

Definitions.

2. In this Act, unless the contrary intention appears—

“bounty” means bounty under this Act;

“the Secretary” means the Secretary of the Department of Commerce of the Commonwealth.

Bounty to be paid.

3.There shall be payable, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the bounty specified in this Act.

Specification of bounty.

4.The bounty shall be payable in respect of prunes exported from the Commonwealth during the year One thousand nine hundred and thirty-five, in respect of which the provisions of the Commerce (General Exports) Regulations (being Statutory Rules 1926, No. 22, as amended to the date of the export of the prunes) were complied with.

Rate of bounty.

5.—(1.) Bounty shall be payable at the rate of Three farthings for each pound of prunes exported.

(2.) The weight of any prunes, as at the date of export, shall, for the purposes of this Act, be such as is ascertained in the prescribed manner.

Payee of bounty.

6.—(1.) The bounty shall be payable to the grower of the fruit from which the prunes were produced.

(2.) The quantity of prunes in respect of which bounty shall be payable to a grower shall be—

(a) where the prunes in respect of which bounty is claimed have been exported by or on behalf of the grower—such quantity as is certified by the prescribed authority within the meaning of the Dried Fruits Act 1928–1935 to have been so exported; and

(b) where the prunes in respect of which bounty is claimed have been exported by or on behalf of any person other than the grower—such quantity as is ascertained in the prescribed manner.

Condition of payment.

7.A payment of bounty shall not be made under this Act unless the claimant for that bounty has lodged an application therefor with the Secretary on or before the thirtieth day of June, One thousand nine hundred and thirty-six.

Offences.

8. A person shall not—

(a) obtain or attempt to obtain payment of any bounty which is not payable;

(b) obtain or attempt to obtain payment of any bounty by means of any false or misleading statement; or

(c) present to any officer or other person doing duty in relation to this Act or the regulations any document, or make to any such officer or person any statement, which is false in any particular.

Penalty: One hundred pounds or imprisonment for one year.

Power to call for information.

9.—(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 and documents and such information as the Minister or that authorized person thinks necessary in relation to compliance with this Act or the regulations made thereunder 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 one year.

(3.) Where any person who has so failed to furnish the books, documents or information is a claimant for bounty, the Minister may, if he thinks fit, withhold payment of any bounty payable to the claimant until he has furnished the required books, documents or information.

Return to be laid before Parliament.

10.A report upon the working of this Act, and a return setting forth—

(a) the amount of bounty paid under this Act; and

(b) such other particulars as are prescribed,

shall be prepared in the month of September, One thousand nine hundred and thirty-six, and shall be laid before each House of the Parliament within fifteen sitting days of that House after the thirtieth day of September, One thousand nine hundred and thirty-six.

Regulations.

11.