Bounty (Drilling Machines) Amendment Act 1978

Overview

The Bounty (Drilling Machines) Amendment Act 1978 (No. 155 of 1978) is an Act of the Parliament of Australia designed to amend section 6 of the Bounty (Drilling Machines) Act 1978. This legislation was introduced to address a specific gap concerning the timing of the commencement of the manufacture of drilling machines in relation to the bounty eligibility criteria. The policy objective of this amendment is to ensure that manufacturers who had already started or committed to manufacturing drilling machines prior to the Act's original enactment date are still eligible for the bounty. The Act was deemed to have come into operation on 25 May 1978, the same date as the original Bounty (Drilling Machines) Act 1978, thereby providing retroactive eligibility for certain manufacturers.

Scope and Application

The Bounty (Drilling Machines) Amendment Act 1978 applies to the manufacture of drilling machines, specifically targeting those machines for which the manufacture was initiated or committed to via a firm order prior to the Act's commencement on 25 May 1978. This legislation amends the Bounty (Drilling Machines) Act 1978, focusing on the eligibility criteria for the bounty by incorporating a new condition for qualifying drilling machines. The Act applies to entities that manufacture drilling machines in Australia, thereby affecting the machinery manufacturing industry within the Commonwealth. The geographical reach of the Act is nationwide, as it pertains to the Commonwealth of Australia. Notably, the Act does not explicitly state exclusions, exemptions, or thresholds beyond the specified commencement date for the manufacture or firm order placement. The application of the Act may be further refined or expanded through subordinate instruments, although the text does not detail any such provisions.

Key Provisions

The Bounty (Drilling Machines) Amendment Act 1978 (referred to as the Amendment Act) modifies the Bounty (Drilling Machines) Act 1978 (the Principal Act) by introducing a new condition under section 6 (subsection (3) paragraph (aa)). This amendment specifies that to be eligible for a bounty, the manufacture of the drilling machine must have been commenced or undertaken pursuant to a firm order placed before the Amendment Act's effective date of 25 May 1978. The Amendment Act is the legal instrument that introduces this change, as evidenced by its citation in section 1(1). The Amendment Act imposes certain obligations on parties or entities that seek to claim the bounty for drilling machines. Specifically, they must ensure that the manufacturing process of the machine was initiated or the firm order for its production was placed prior to the Act's commencement date of 25 May 1978. This requirement serves as a condition precedent for the eligibility to receive the bounty, as outlined in section 6(3)(aa) of the Principal Act. Compliance with this provision is necessary for any party or entity to qualify for the bounty. Failure to meet the conditions specified by the Amendment Act could result in civil or criminal consequences. Although the Amendment Act does not explicitly state the penalties for non-compliance, under the Principal Act, any party or entity that falsely claims the bounty may face prosecution. The potential penalties could include fines or other legal consequences as prescribed by the relevant legislation governing the administration of the bounty scheme. The exact penalties would need to be determined based on the provisions of the Principal Act or other related laws.