Wheat Bounty Act 1934 (Cth)

WHEAT BOUNTY

No. 60 of 1934.

An Act to provide for the payment of a Bounty on the Production of Wheat, and for other purposes.

[Assented to 17th December, 1934.]

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 Wheat Bounty Act 1934.

Definition.

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

“wheat” means wheat harvested in Australia during the period commencing on the first day of October, One thousand nine hundred and thirty-four and ending on the thirty-first day of March, One thousand nine hundred and thirty-five.

Specification of bounty.

3.—(1.) Bounty under this Act shall be payable on the production of wheat which has, on or after the first day of October, One thousand nine hundred and thirty-four and prior to the commencement of this Act, been sold or delivered for sale, or which is sold or delivered for sale on or before the thirty-first day of October, One thousand nine hundred and thirty-five or on or before such later date as is prescribed.

 

(2.) For the purposes of this Act wheat shall be deemed to have been delivered for sale if it is delivered by a grower to a flour miller, wheat merchant, Government instrumentality or co-operative organization for storage pending sale.

Rate of bounty.

4. The rate of bounty payable under this Act shall be three pence per bushel.

To whom bounty payable.

5.—(1.) Bounty shall, subject to this section, be payable in the prescribed manner to the grower of the wheat.

(2.) Where wheat is produced by share-farmers, the bounty payable in respect of the wheat shall be apportioned between the share-farmers in proportion to the interests of the share-farmers in the wheat or the proceeds thereof:

Provided that where the share-farmers have agreed to share the wheat or the proceeds thereof on other than a proportionate basis, the bounty shall be apportioned in such manner as is determined in each case by the Minister, by any person thereto authorized in writing by the Minister, or by any person thereto authorized by or under any arrangement made in pursuance of section ten of this Act.

(3.) For the purposes of this section, wheat shall not be deemed to be produced by share-farmers unless it is produced by two or more persons under an agreement whereby each of those persons contributes towards the production of the wheat by the provision of either land, labour, material or plant, and is entitled to a share in the wheat or the proceeds thereof.

Appropriation.

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

Offences against Act.

7. No person shall—

(a) obtain any bounty which is not payable;

(b) 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 made thereunder 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.

Power to call for Information.

8.—(1.) The Minister, or any person thereto authorized in writing by the Minister or by or under any arrangement made in pursuance of section ten of this Act, 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: Five hundred pounds, or imprisonment for two years.

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

Return to be laid before Parliament.

9. 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 laid before both Houses of the Parliament by the Minister within thirty days after the expiration of the financial year ending on the thirtieth day of June, One thousand nine hundred and thirty-five, if the Parliament is then sitting and, if not, then within thirty days after the next meeting of the Parliament.

Arrangements for payment of bounty by States.

10. The Governor-General may arrange with the Governor in Council of any State for the payment by the State on behalf of the Commonwealth of bounty under this Act to growers of wheat in that State, and for the carrying out, by officers of the State or other persons, of any powers or functions under this Act.

Regulations.

11. 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—

(a) for prescribing penalties not exceeding Fifty pounds or imprisonment for a period not exceeding three months for any breach of the regulations; and

(b