Apple and Pear Bounty Act (No. 2) 1936

Overview

The Apple and Pear Bounty Act (No. 2) 1936 was enacted to amend the Apple and Pear Bounty Act 1936. This legislation was introduced to address the need to adjust the bounty rates for apples and pears exported during specified periods. The Act was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aiming to refine the bounty provisions to better support the apple and pear export industry. The policy objective was to provide a more accurate and timely financial incentive for growers, ensuring they receive appropriate compensation for their exports.

Scope and Application

The Apple and Pear Bounty Act (No. 2) 1936 amends the Apple and Pear Bounty Act 1936, extending its provisions to cover a two-year period and altering the rate of bounty payable for apples and pears exported during specific years. The bounty is payable to the grower of the apples or pears, provided they meet the conditions stipulated in the Act. The Act applies to the Commonwealth of Australia and concerns the specific industry of apple and pear growers and exporters. The application of the Act is further detailed through subordinate instruments which may provide additional rules or exceptions, thereby extending or restricting its scope. There are no stated exclusions or exemptions within the text of the Act itself; however, the conditions under which the bounty is paid may implicitly act as a form of exclusion for those not meeting the specified criteria.

Key Provisions

The Apple and Pear Bounty (No. 2) Act 1936 primarily amends the Apple and Pear Bounty Act 1936 by adjusting the bounty rates and the period for which these bounties are applicable. Specifically, Section 2 alters the period for bounty eligibility from the year ended on a specified date to a two-year period ending on a specified date. The new bounty rates are set out in Section 5, which replaces Section 5 of the Principal Act. It provides that for apples and pears exported during the year ending on the thirty-first day of December 1935, the bounty rate is fourpence per bushel case, while for the year ending on the thirty-first day of December 1936, the rate is fourpence and a half per bushel case. Additionally, Section 4 modifies the conditions under which the bounty is payable, specifying that it should be the quantity in respect of which the grower is entitled to the bounty, rather than having been exported by or on behalf of the grower. The Act imposes several obligations on the parties involved. For instance, it mandates that the bounty must be paid to the prescribed officer in the year following the exportation of the apples or pears, as outlined in Section 7. This section also allows for exceptions where the Minister deems the circumstances justify later payments. Furthermore, it requires that a report on the Act's operation and a return detailing the bounty payments and other prescribed particulars be prepared and presented to Parliament within a specified timeframe, as stated in Section 10. In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the provided text. However, non-compliance with the obligations and requirements set out in the Act could potentially lead to administrative or legal repercussions, given the statutory nature of the provisions. The absence of specific penalties in the provided sections suggests that enforcement and penalties may be addressed through other legislative mechanisms or administrative procedures.