Bounty (Agricultural Tractors) Regulations (Amendment)

Legislation au C2004L04036 Regulations Not in force Legislative Instrument

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EXPLANATORY MEMORANDUM

Statutory Rules 1984 No. 461

MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE

SUBJECT: Bounty (Agricultural Tractors) Act 1966 - Bounty (Agricultural Tractors) Regulations (Amendment).

Sections 22 and 6 of the Bounty (Agricultural Tractors) Act 1966 (the Act), read in part:

“22. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed…”.

“6(1A). The regulations may prescribe a factor for the purpose of this sub-section and, where a factor is so prescribed, then, for the purpose of calculating a bounty payable in respect of a tractor manufactured at a time when the regulations prescribing that factor are in force, an amount ascertained in accordance with the Schedule shall be multiplied by that factor.”

“6(1AB). Regulations made for the purpose of varying the factor referred to in sub-section (1A) shall, as far as practicable, so vary the factor that the variation adjusts the bounty in accordance with movements in prices of imported tractors.”

Regulation 4 of the Bounty (Agricultural Tractors) Regulations prescribes, for the purposes of sub-section 6(1A) of the Act, the factor by which an amount ascertained in accordance with the Schedule to the Act may be multiplied.

Proposed regulation 2 will amend regulation 4 of the Bounty (Agricultural Tractors) Regulations by introducing a new factor.

The revised factor is an increase from the previous factor and has been calculated to accord with recent movements in the Australian Bureau of Statistics Import Price Index “Machinery Specialised for Particular Industries” group. This adjustment is consistent with established practice.

The increase in the factor will mean an increase in bounty entitlements of approximately 0.6% from the previous factor.

Proposed Regulation 1 will provide that the proposed regulations will come into effect on 1 January 1985.

AUTHORITY:

Section 22 of the Bounty (Agricultural Tractors) Act 1966.

Overview

The Bounty (Agricultural Tractors) Act 1966 was enacted to address the need for financial incentives to bolster the Australian agricultural sector by providing bounties on the purchase of new agricultural tractors. This Act empowers the Governor-General to establish regulations governing the bounty, ensuring they align with the Act's provisions. The Bounty (Agricultural Tractors) Regulations (Amendment) 1984, made under the authority of Section 22 of the Act, aim to adjust the bounty calculation factor to reflect recent market changes, specifically aligning with the Australian Bureau of Statistics Import Price Index for the "Machinery Specialised for Particular Industries" group. This adjustment seeks to maintain the competitiveness of the domestic agricultural machinery market in the face of fluctuating import prices. The policy objective is to ensure that the bounty remains a relevant and effective incentive for farmers to invest in modern agricultural technology, thereby supporting the broader agricultural industry.

Scope and Application

The Bounty (Agricultural Tractors) Regulations (Amendment) 1984, under the Bounty (Agricultural Tractors) Act 1966, pertains to the adjustment of the bounty calculation factor for agricultural tractors, impacting the bounty entitlements for manufacturers. This legislative amendment applies to individuals or entities involved in the manufacturing of agricultural tractors within Australia. The geographic scope is national, as the Act applies to the entire Commonwealth of Australia, ensuring a uniform approach to bounty calculations across all states and territories. The amendment does not specify exclusions or exemptions but directly affects those sectors and businesses involved in tractor manufacturing. The regulations are designed to keep bounty payments aligned with economic indicators, specifically the Australian Bureau of Statistics Import Price Index for machinery specialised for particular industries. The Act allows for the introduction of subordinate instruments to make necessary adjustments to the bounty factors, as seen with the proposed regulation that increases the factor to reflect recent market movements and is set to come into effect on 1 January 1985. This continuous adjustment mechanism ensures that bounty entitlements remain competitive and reflective of the economic environment.

Key Provisions

The Bounty (Agricultural Tractors) Act 1966 provides a framework for the payment of a bounty for certain agricultural tractors. Specifically, section 22 of the Act empowers the Governor-General to make regulations not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed. Section 6(1A) of the Act further outlines that regulations may prescribe a factor for calculating the bounty payable in respect of a tractor, and section 6(1AB) specifies that any regulation varying this factor should adjust the bounty in accordance with movements in the prices of imported tractors. Under these provisions, the Bounty (Agricultural Tractors) Regulations, as currently constituted, include regulation 4, which prescribes the factor by which an amount ascertained in accordance with the Schedule to the Act may be multiplied to determine the bounty. The proposed amendments, set to take effect on 1 January 1985, will introduce a new factor in regulation 4, increasing the bounty entitlement by approximately 0.6% from the previous factor. This new factor is derived from recent movements in the Australian Bureau of Statistics Import Price Index for the "Machinery Specialised for Particular Industries" group, ensuring consistency with established practices. The obligations imposed by the Act and its regulations require those involved in the bounty calculation and payment process to adhere to the prescribed factors and methodologies. This includes manufacturers of agricultural tractors and the relevant authorities responsible for administering the bounty payments. The regulations demand that any adjustments to the bounty calculation factors be made in line with changes in import prices, as mandated by section 6(1AB) of the Act. Such compliance ensures that the bounty payments remain equitable and reflective of market conditions. Breach of these regulations or failure to adhere to the prescribed factors and methodologies could result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of statutory requirements under the Bounty (Agricultural Tractors) Act 1966 could potentially lead to civil or criminal penalties. These might include fines or other sanctions, the specifics of which would be determined by the relevant courts or tribunals based on the nature and severity of the breach.

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