EXPLANATORY STATEMENT
STATUTORY RULES 1983, No. 345
BOUNTY (AGRICULTURAL TRACTORS) REGULATIONS
Issued by the Authority of the Minister for Industry and Commerce
Regulations covering the manufacture of, and application to, agricultural tractors were first made in 1967 under the Bounty (Agricultural Tractors) Act 1966 (the Act).
The purpose of the Regulations is to:
(a) repeal the existing Bounty (Agricultural Tractors) Regulations and replace them with new Regulations, operative from 1 January 1984, which have been drafted in line with more recent bounty Regulations; and
(b) introduce a new factor into the Regulations for the purposes of sub-section 6(1A) of the Act,
Details of the Regulations are as follows:
Regulation 1
Citation
Regulation 2
Provides for the Regulations to come into operation on 1 January 1984. This date was the most convenient and the introduction of the new factor in regulation 4 which must be operative during the quarter commencing 1 January 1984 could be incorporated at the same time.
Regulation 3
Defines “authorized agent”, “relevant date” and “the Act” for the purposes of the Regulations.
Regulation 4
Prescribes, for the purposes of sub-section 6(1A) of the Act, the factors by which an amount ascertained in accordance with the Schedule to the Act may be multiplied.
The revised factor for the quarter commencing 1 January 1984, has been calculated to accord with recent movements in the Australian Bureau of Statistics Imports 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 5.8% from the previous factor.
Regulation 5
Specifies the conditions to be complied with, for the purposes of the Act, in connection with the manufacture of a tractor at registered premises.
Regulation 6
Sub-regulation (1) requires the application for bounty:
(a) to be in writing;
(b) to be signed by, or on behalf of, the manufacturer of the tractor in the presence of a witness;
(c) to state the name and address of the witness and declare that the application was signed in the presence of the witness; and
(d) be delivered within certain specified periods.
Provision is made in sub-regulation (2) for the Minister or an authorised officer to give his consent to an extension of the period referred to in subparagraph (1)(d)(i) in relation to an application for bounty in respect of a tractor unless a request in writing for an extension of the period has been made or the application could not reasonably be expected to have been made within the specified period.
Regulation 7
Specifies the information to be furnished in connection with an application for bounty.
Regulation 8
Authorises a producer to appoint an agent (who must be at least 18 years of age) to sign documents required by the Act or Regulations. The appointment is to be in accordance with the form prescribed in the Schedule to the Regulations and may be revoked at any time.
Regulation 9
Authorizes a director or a secretary of a company to sign documents on behalf of the company.
Regulation 10
Sub-regulation (1) provides for the repeal of the existing Bounty (Agricultural Tractors) Regulations as set out in Schedule 2.
Sub-regulation (2) provides for specified transitional matters.
Schedule 1
Prescribes the form of appointment of an authorized agent by the manufacturer for the purposes of regulation 8.
Schedule 2
Specifies the Statutory Rules to be repealed for the purposes of sub-regulation 10(1).
Overview
The Bounty (Agricultural Tractors) Regulations 1983 were enacted to address the need for updated and consistent bounty regulations for the manufacture and application of agricultural tractors in Australia. The Bounty (Agricultural Tractors) Act 1966 provided the legislative framework for these regulations, but over time, it became necessary to update the regulations to reflect recent economic data and practices. The Regulations were issued by the Authority of the Minister for Industry and Commerce, ensuring alignment with the current economic conditions as measured by the Australian Bureau of Statistics Imports Price Index. The primary objective of these Regulations is to provide a new factor for calculating bounty entitlements, which is intended to increase the entitlements by approximately 5.8% from the previous factor. This adjustment ensures that the bounty remains relevant and reflective of current market conditions, thereby supporting the agricultural sector effectively.
Scope and Application
The Bounty (Agricultural Tractors) Regulations, issued under the authority of the Minister for Industry and Commerce, apply to the manufacture of agricultural tractors within Australia, ensuring compliance with the Bounty (Agricultural Tractors) Act 1966. These regulations affect manufacturers of agricultural tractors, specifically those operating at registered premises. The geographic scope of these regulations is national, applying across all states and territories in Australia. The regulations provide detailed requirements for the application of bounty, including the necessity for written applications signed in the presence of a witness, along with the appointment of authorized agents and conditions for extensions of time. Additionally, the regulations incorporate a new factor for bounty calculations, effective from the quarter beginning 1 January 1984, which is aligned with recent movements in the Australian Bureau of Statistics Imports Price Index. Subordinate instruments may further extend or restrict the application of these regulations as deemed necessary.
Key Provisions
The Bounty (Agricultural Tractors) Regulations, which came into effect on 1 January 1984, replace the existing regulations under the Bounty (Agricultural Tractors) Act 1966. Regulation 2 specifies the commencement date, chosen to allow for the introduction of a new factor effective from the first quarter of 1984. Regulation 3 defines key terms such as "authorized agent", "relevant date", and "the Act" to ensure clarity and consistency in the application of the regulations. Regulation 4 introduces a new factor for the purposes of sub-section 6(1A) of the Act, which adjusts bounty entitlements by approximately 5.8% in line with recent movements in the Australian Bureau of Statistics Imports Price Index for machinery specialised for particular industries.
These regulations impose several obligations on parties involved in the manufacture of agricultural tractors. Regulation 5 outlines the conditions that must be met for manufacturing a tractor at registered premises. Regulation 6 details the requirements for an application for bounty, including the need for the application to be in writing, signed by the manufacturer or their representative in the presence of a witness, and submitted within specified periods. Regulation 7 specifies the information that must be furnished with an application for bounty. Regulation 8 allows producers to appoint an authorized agent, at least 18 years of age, to sign necessary documents, provided the appointment is made in the prescribed form. Regulation 9 authorises a company's director or secretary to sign documents on behalf of the company.
Failure to comply with these regulations can result in civil and criminal consequences. While the explanatory statement does not specify exact penalties, it is reasonable to infer that breaches of these regulations could lead to fines or other legal repercussions as per the Bounty (Agricultural Tractors) Act 1966. The specific penalties would depend on the nature and severity of the breach, but they could include financial penalties or other enforcement actions to ensure compliance with the bounty regulations.