Berry Fruit-growers' Relief Act 1941

Legislation au C1941A00023 Not in force Act

Legislation content

BERRY FRUIT- GROWERS RELIEF.

 

No. 23 of 1941.

An Act to authorize the making of Loans to the State of Tasmania for the Purpose of Relief to Berry Fruit-growers, and for other purposes.

[Assented to 7th April, 1941.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Berry Fruit-growers Relief Act 1941.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Loans to State of Tasmania.

3. The Treasurer may make loans, not exceeding in the whole the sum of Twenty thousand pounds, to the State of Tasmania for the purpose of the alleviation by that State, in accordance with agreements made between the Commonwealth and the State, of hardship suffered by berry fruit-growers in consequence of damage to crops by frost or hail.

Conditions of loan to State.

4.—(1.) Moneys loaned to the State in accordance with the provisions of this Act shall be repaid by that State to the Commonwealth by four equal annual payments, the first to be made not later than four years after the making of the loan and the last to be made not later than seven years after the making of the loan.

(2.) The State shall pay to the Commonwealth interest on the loans at the rate of three and one quarter per centum per annum.

Additional payments to State in respect of portion of interest.

5. During the first year after the making to the State of a loan in accordance with the provisions of this Act, the Treasurer may pay to the State a sum not exceeding the interest on the loan payable by the State to the Commonwealth in respect of that year, and, during


each of the next following six years, the Treasurer may pay to the State a sum not exceeding one-half of the interest on the loan payable by the State to the Commonwealth in respect of that year.

Appropriation.

6. Moneys loaned or paid in accordance with the provisions of this Act shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly.

Overview

The Berry Fruit-growers' Relief Act 1941 was enacted to address the specific economic difficulties faced by berry fruit-growers in Tasmania due to crop damage caused by frost or hail. Assented to on 7 April 1941, the Act authorises the Commonwealth to provide financial assistance to the State of Tasmania in the form of loans, with a total limit of £20,000. This legislation was designed to facilitate the alleviation of hardship experienced by berry fruit-growers, through agreements between the Commonwealth and the State. The Act ensures that loans are to be repaid over a period of up to seven years, with interest at a rate of 3¼ per cent per annum. Additionally, the Act allows for the Commonwealth to make additional interest payments to Tasmania to further support the relief efforts. Enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective of the Berry Fruit-growers' Relief Act 1941 is to provide necessary financial aid to mitigate the adverse effects of crop damage on berry fruit-growers in Tasmania.

Scope and Application

The Berry Fruit-growers’ Relief Act 1941 applies to the Commonwealth of Australia, specifically empowering the Treasurer to make loans to the State of Tasmania. The primary purpose of this Act is to provide financial assistance to berry fruit-growers in Tasmania who have suffered crop damage due to frost or hail. The Act authorises the Commonwealth to extend loans up to a total of twenty thousand pounds, which are to be repaid by Tasmania in four equal annual payments, with interest at a rate of three and one quarter per centum per annum. Furthermore, the Act allows for additional payments to Tasmania during the first year and the subsequent six years, not exceeding the annual interest on the loan. This Act comes into effect on the day it receives Royal Assent and is intended to provide immediate financial relief to affected growers. The Act’s scope is limited to the specified loans and does not extend to other forms of assistance or relief outside the terms outlined in the Act.

Key Provisions

The Berry Fruit-growers’ Relief Act 1941 (section 1) authorises the Commonwealth to provide financial assistance to the State of Tasmania for the benefit of berry fruit-growers affected by crop damage due to frost or hail. The Act came into effect immediately upon receiving Royal Assent (section 2). Under section 3, the Treasurer is empowered to make loans up to a total of £20,000 to Tasmania, subject to agreements between the Commonwealth and the State, to alleviate the hardship faced by berry fruit-growers. The loans are to be repaid by Tasmania in four equal annual instalments, with the first payment due no later than four years after the loan is made and the final payment due no later than seven years after the loan (section 4(1)). Additionally, Tasmania is required to pay interest on the loans at a rate of 3.25% per annum (section 4(2)). The Act imposes specific obligations on the State of Tasmania. Tasmania must repay the loans in four equal annual instalments and pay interest at the prescribed rate (section 4). The Commonwealth has the discretion to provide additional payments to Tasmania in the form of interest rebates. Specifically, the Commonwealth can pay the full interest due for the first year following the loan and half of the interest for each of the next six years (section 5). This provision is intended to provide further financial relief to Tasmania during the early years of the loan repayment period. Failure to comply with the obligations and conditions stipulated in the Berry Fruit-growers’ Relief Act 1941 may have legal consequences. While the Act does not explicitly outline specific penalties for non-compliance, breaches of the terms regarding loan repayment and interest payment could potentially lead to legal actions for non-performance of contractual obligations. Additionally, the Act’s appropriation of funds from the Consolidated Revenue Fund (section 6) ensures that the financial provisions are legally binding and enforceable within the framework of Australian legislative and financial governance.

Legal classification tags

Area of Law
Finance & Banking Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Loans to State
Repayment Terms
Interest Rates

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.