Bounty (Agricultural Tractors) Amendment Act 1983
No. 76 of l983
An Act to amend the Bounty (Agricultural Tractors) Act 1966
[Assented to 3 November 1983]
[Date of commencement 1 December 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Bounty (Agricultural Tractors) Amendment Act 1983.
(2) The Bounty (Agricultural Tractors) Act 19661 is in this Act referred to as the Principal Act.
Rate of bounty
2. Section 6 of the Principal Act is amended—
(a) by inserting in sub-section (1) “and to section 7” after “this section”; and
(b) by inserting in sub-section (1ab) “under this section” after “bounty”.
3. After section 6 of the Principal Act the following section is inserted:
Bounty payable in respect of certain tractors
“7. The bounty payable in respect of a tractor that during the period commencing on 10 June 1983 and ending on 9 June 1984, was sold by the manufacturer for use in Australia or an external Territory, is the amount equal to twice the amount of bounty that, but for this section, would be payable in respect of that tractor under section 6.”.
4. After section 18a of the Principal Act the following section is inserted:
Statements to accompany notification of decisions
“18b. (1) Where the Minister or the Comptroller-General makes a decision of a kind referred to in section 18a and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975. application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.
“(2) Any failure to comply with the requirements of sub-section (1) in relation to a decision does not affect the validity of the decision.”.
Power to require person to answer questions and produce documents
5. Section 15 of the Principal Act is amended
(a) by omitting from sub-section (1) “The” and substituting “Subject to sub-section (1a), the”; and
(b) by inserting after sub-section (1) the following sub-section:
“(la) A notice under sub-section (1) in relation to a tractor shall not be given to a person who purchased the tractor for use by him in agriculture.”.
Formal amendments
6. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 6
FORMAL AMENDMENTS OF THE BOUNTY (AGRICULTURAL TRACTORS) ACT 1966
Provision | Amendment |
Sub-section 6 (3)....... | (a) Omit “1 per centum” (wherever occurring), substitute “l%”. |
| (b) Omit “100 per centum”, substitute “100%”. |
Sub-section 6 (4)....... | Omit “fifty-five per centum”, substitute “55%;”. |
Suh-section 6 (5)....... | Omit “the last two preceding sub-sections”, substitute “sub-sections (3) and (4)”. |
Sub-section 11 (1)...... | Omit “connexion”, substitute “connection”. |
Sub-section 11 (9)...... | (a) Omit “190l-1964”, substitute “1901”. |
| (b) Omit “the last preceding sub-section”, substitute “sub-section (8)”. |
Sub-section 14 (2)...... | Omit “paragraph (b) of the last preceding sub-section”, substitute “paragraph (1) (b)”. |
|
Section 14............ | Omit “One hundred dollars”, substitute “$100”. |
Sub-section 15 (3)...... | Omit “paragraph (c) of sub-section (1), or paragraph (c) of sub-section (2) of section 18”, substitute “paragraph 18 (1) (c) or (2) (c)”. |
|
Sub-section 16 (1)...... | Omit “the last preceding section”, substitute “section 15”. |
Sub-section 18 (1)...... | Omit “One hundred dollars”, substitute “$100”. |
Sub-section 18 (2)...... | (a) Omit “One thousand dollars”, substitute “$1,000”. |
| (b) Omit “twelve”, substitute “12”. |
Sub-section 18 (3)...... | Omit “the last preceding sub-section”, substitute “sub-section (2)”. |
Sub-section 18 (4)...... | Omit “the last preceding sub-section”, substitute “sub-section (3)”. |
Sub-section 19 (2)...... | Omit “fifteen”, substitute “15”. |
Section 22............ | (a) Omit “connexion”, substitute “connection”. |
| (b) Omit “One hundred dollars”, substitute “$100”. |
NOTE
1. No. 82, 1966. as amended. For previous amendments, see No. 86, 1970; No. 71, 1972; No. 57, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 30, 1977; No. 108, 1978; and No. 26, 1982.
Overview
The Bounty (Agricultural Tractors) Amendment Act 1983 was enacted to make several amendments to the Bounty (Agricultural Tractors) Act 1966. This Act was introduced to address specific issues and gaps identified in the Principal Act, aiming to improve and update certain provisions relating to the bounty for agricultural tractors. Enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective of this amendment was to ensure that the bounty system was functioning effectively and in line with contemporary requirements. The Act also sought to clarify certain provisions, update terminology, and refine the administration of the bounty program to better serve the agricultural sector.
The Bounty (Agricultural Tractors) Amendment Act 1983 made amendments to the rate of bounty, introduced new provisions for bounty payments for certain tractors sold within a specific period, and added requirements for statements to accompany notifications of decisions related to bounty claims. Additionally, it provided for the power to require individuals to answer questions and produce documents and made several formal amendments to the Principal Act to ensure consistency and clarity in the legislation.
Scope and Application
The Bounty (Agricultural Tractors) Amendment Act 1983 amends the Bounty (Agricultural Tractors) Act 1966, which is referred to as the Principal Act within the Amendment Act. The Amendment Act applies to entities involved in the sale of agricultural tractors in Australia, including manufacturers and potentially dealers, during the specified period from 10 June 1983 to 9 June 1984. The Act adjusts the bounty payable on certain tractors sold within this timeframe, doubling the amount that would otherwise be payable. Additionally, the Amendment Act introduces requirements for statements to accompany notifications of decisions made by the Minister or the Comptroller-General, ensuring that affected parties are informed of their right to seek review through the Administrative Appeals Tribunal. It also modifies the power to require individuals to answer questions and produce documents, exempting those who purchased tractors for agricultural use from such requirements. The Amendment Act does not explicitly exclude any categories of persons or entities from its application but does refine the scope through formal amendments and the insertion of new sections, thereby extending its regulatory reach to ensure clarity and precision in its application.
Key Provisions
The Bounty (Agricultural Tractors) Amendment Act 1983 primarily amends the Bounty (Agricultural Tractors) Act 1966 by adjusting the bounty rates and introducing new provisions related to notifications and compliance. Section 2 of the Act modifies the bounty rate for certain tractors sold within a specific period, stating that the bounty payable is twice the amount that would otherwise be payable under section 6 of the Principal Act (s. 2). Additionally, section 7 introduces a new provision for a bounty payable for tractors sold between 10 June 1983 and 9 June 1984, equating to twice the usual amount (s. 3). Section 18b ensures that any notification of decisions made by the Minister or the Comptroller-General must include a statement regarding the possibility of review by the Administrative Appeals Tribunal, although non-compliance does not invalidate the decision (s. 4).
The Act imposes several obligations on parties involved in the tractor bounty scheme. Firstly, it mandates that any decision made by the Minister or the Comptroller-General under section 18a must be accompanied by a written notification to affected parties, including an option for review by the Administrative Appeals Tribunal (s. 4). Additionally, the Act subjects persons to the requirement of answering questions and producing documents related to tractors, with an exception for those who purchased the tractor for agricultural use (s. 5). The Act also includes formal amendments to various sections of the Principal Act, such as updating percentage figures and replacing outdated terms with modern equivalents (Schedule).
Breaches of the obligations and requirements set out in the Bounty (Agricultural Tractors) Amendment Act 1983 can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, the nature of the Act suggests potential civil and administrative penalties for non-compliance, particularly regarding the mandatory notification requirements. Failure to include the review statement in notifications could potentially result in legal challenges or administrative actions, although the text explicitly states that such failure does not invalidate the decision itself (s. 4). Additionally, non-compliance with the requirement to answer questions and produce documents might lead to further administrative scrutiny or penalties, depending on the specific context and severity of the breach.