Bounty (Injection-Moulding Equipment) Amendment Act 1983

Administered by Department of Industry, Science and Resources

Legislation au C2004A02794 Not in force Act

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Bounty (Injection-moulding Equipment) Amendment Act 1983

No. 77 of 1983

An Act to amend the Bounty (Injection-moulding Equipment) Act 1979

[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 (Injection-moulding Equipment) Amendment Act 1983.

(2) The Bounty (Injection-moulding Equipment) Act 19791 is in this Act referred to as the Principal Act.

Amount of bounty

2. Section 8 of the Principal Act is amended by omitting “The” and substituting “Subject to section 8a, the”.

3. After section 8 of the Principal Act the following section is inserted:

Bounty payable in respect of certain injection-moulding equipment

“8a. (1) In this section—

‘relevant date A’ means 29 February 1984 or such date as is fixed by the Minister, by notice published in the Gazette before 29 February 1984, as relevant date A, not being a date that is—

(a) earlier than the date of publication of the notice; or

(b) later than 21 May 1984;

‘relevant date B’ means 22 May 1984 or such date as is fixed by the Minister, by notice published in the Gazette before 22 May 1984, as relevant date B, not being a date that is—

(a) earlier than the date of publication of the notice;

(b) earlier than relevant date A; or

‘relevant equipment A’ means injection-moulding equipment the manufacture of which was completed within the period commencing on 23 May 1983 and ending on relevant date A;

‘relevant equipment B’ means injection-moulding equipment the manufacture of which was completed within the period commencing on the day immediately following relevant date A and ending on relevant date B;

‘relevant manufacturer A’ means a manufacturer of injection-moulding equipment who the Minister is satisfied—

(a) engaged, throughout the period commencing on 10 June 1983 and ending on relevant date A, in the manufacture in Australia of machines of the kind referred to in paragraph (a) of the definition of ‘injection-moulding equipment’ in section 3; and

(b) used his best endeavours to ensure that, throughout that period, the number of persons employed by him and directly involved in the manufacture of injection-moulding equipment in Australia was not less than that number at the commencement of that period;

‘relevant manufacturer B’ means a relevant manufacturer A who—

(a) after relevant date A, gave the Minister an undertaking in writing that he would use his best endeavours to ensure that, throughout the period commencing on the giving of the undertaking and ending on relevant date B, the number of persons employed by him and directly involved in the manufacture of injection-moulding equipment in Australia would be not less than that number on 10 June 1983; and

(b) the Minister is satisfied, used his best endeavours to ensure that, throughout the period commencing on the day immediately following relevant date A and ending immediately before he gave that undertaking, the number of persons

employed by him and directly involved in the manufacture of injection-moulding equipment in Australia was not less than that number on 10 June 1983.

“(2) For the purposes of this section, an employee of a manufacturer of injection-moulding equipment shall be taken to be directly involved in the manufacture of injection-moulding equipment if, and only if, the work, or the principal work, that he performs in the course of his employment is—

(a) work on the design of the equipment;

(b) work involved in carrying out, or in supervising the carrying out of, the processes of the manufacture of the equipment; or

“(3) If relevant date B is a date later than 22 May 1984, this Act applies, in relation to relevant manufacturers B in respect of relevant equipment B, as if the references in paragraphs 7 (3) (b) and (c) to a year to which this Act applies included a reference to the period commencing on 23 May 1984 and ending on relevant date B.

“(4) The bounty payable to a relevant manufacturer A in respect of relevant equipment A is an amount equal to 25% of the additional value of the equipment.

“(5) Subject to sub-section 8, the bounty payable to a relevant manufacturer B in respect of relevant equipment B is—

(a) in the case of equipment the manufacture of which was completed before 23 May 1984—an amount equal to 25% of the additional value of the equipment; or

(b) in the case of equipment (if any) the manufacture of which was completed after 22 May 1984—an amount equal to 20% of the additional value of the equipment.

“(6) Where, on or before relevant date A, the Minister gives an approval under section 10 for the payment of bounty in respect of relevant equipment A, the approval shall be taken to be approval for the payment by way of bounty of an amount equal to 5% of the additional value of the equipment and, if, after that date, sub-section (4) operates so that the bounty payable in respect of the equipment is an amount equal to 25% of that value, the Minister shall approve the payment of the balance of the bounty in respect of the equipment.

“(7) Where, after relevant date A, the Minister gives an approval under section 10 for the payment of bounty in respect of relevant equipment B the manufacture of which was completed before 23 May 1984 to a relevant manufacturer A who has not given an undertaking referred to in paragraph (a) of the definition of ‘relevant manufacturer B’ in sub-section (1), the approval shall be taken to be approval for the payment by way of bounty of an amount equal to 5% of the additional value of the equipment and, if, subsequently, the manufacturer gives that undertaking and sub-section (5) operates so that the bounty payable in respect of the equipment is an amount equal to 25% of that

value, the Minister shall approve the payment of the balance of the bounty in respect of the equipment.

“(8) If the Minister becomes satisfied that a relevant manufacturer B has not complied with the undertaking referred to in paragraph (a) of the definition of ‘relevant manufacturer B’ in sub-section (1) given by the manufacturer and declares, by writing signed by him, that he is so satisfied, bounty payable to that manufacturer in respect of relevant equipment B after the making of the declaration is the amount (if any) that, but for this section, would have been payable under section 8.”.

Power to require persons to answer questions and produce documents

4. Section 17 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:

“(1a) A notice under sub-section (1) in relation to injection-moulding equipment shall not be given to a person who purchased the equipment for use by him in the production of artificial plastic goods.”.

Application for review

5. Section 22 of the Principal Act is amended by inserting after paragraph (a) the following paragraphs:

“(aa) a decision of the Minister that he is satisfied, or not satisfied, in relation to a matter for the purposes of the definition of ‘relevant manufacturer A’ in sub-section 8a (1);

(ab) a decision of the Minister that he is satisfied, or not satisfied, in relation to a matter for the purposes of the definition of ‘relevant manufacturer B’ in sub-section 8a (1);

(ac) a decision of the Minister that he is satisfied in relation to a matter for the purposes of sub-section 8a (8);”.

6. After section 22 of the Principal Act the following section is inserted:

Statements to accompany notification of decisions

“22a. (1) Where the Minister or the Comptroller-General makes a decision of a kind referred to in section 22 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.”.

NOTE

1. No. 78, 1979, as amended. For previous amendments, see No. 26, 1982.

Overview

The Bounty (Injection-moulding Equipment) Amendment Act 1983 is an amendment to the Bounty (Injection-moulding Equipment) Act 1979, which was enacted to address specific gaps and issues in the bounty payment system for injection-moulding equipment manufacturers in Australia. This amendment was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia and commenced on 1 December 1983. The primary objective of this Act is to adjust the bounty percentages payable to manufacturers of injection-moulding equipment under certain conditions, thereby providing a more flexible and responsive bounty scheme. The Act also introduces amendments to the power of the Minister to require persons to answer questions and produce documents, as well as provisions for the application for review and statements to accompany notification of decisions. These changes aim to enhance the efficiency and effectiveness of the bounty scheme by allowing for adjustments in bounty rates based on specific periods and manufacturers' commitments.

Scope and Application

The Bounty (Injection-moulding Equipment) Amendment Act 1983 applies to manufacturers of injection-moulding equipment in Australia, specifically those who were engaged in the manufacture of such equipment during specified periods and who meet certain employment criteria. The Act is a Commonwealth legislation, thus it has a national reach within Australia. The Act amends the Bounty (Injection-moulding Equipment) Act 1979, altering the bounty payable for certain injection-moulding equipment and providing for additional conditions under which the bounty is payable. The bounty is contingent on the manufacturer’s compliance with employment levels and specific timelines, with differential percentages of the additional value of the equipment being payable depending on the completion dates of the equipment and the manufacturer’s undertakings. The Act also includes provisions for the Minister to require persons to answer questions and produce documents related to the bounty scheme, with an exemption for persons who purchased the equipment for use in the production of artificial plastic goods. Additionally, the Act extends the scope of reviewable decisions by the Administrative Appeals Tribunal to include certain decisions made by the Minister regarding the satisfaction of employment criteria and compliance with undertakings.

Key Provisions

The Bounty (Injection-moulding Equipment) Amendment Act 1983 amends the Bounty (Injection-moulding Equipment) Act 1979 by introducing new provisions for the payment of a bounty to certain manufacturers of injection-moulding equipment. Under Section 8a of the Principal Act, as amended by this Act, a bounty is payable to relevant manufacturers who completed the manufacture of specified injection-moulding equipment within certain timeframes. The bounty amount varies depending on the period during which the equipment was manufactured. Specifically, equipment manufactured between 23 May 1983 and 29 February 1984, referred to as "relevant equipment A," is eligible for a bounty equal to 25% of the equipment's additional value. Equipment manufactured between 30 May 1984 and 22 November 1984, referred to as "relevant equipment B," may qualify for a bounty of 25% if certain conditions are met, but if the manufacture was completed after 22 May 1984, the bounty is reduced to 20% of the additional value. To be eligible, manufacturers must meet specific criteria related to employment levels and their efforts to maintain these levels during the relevant periods. The Act imposes several obligations on relevant manufacturers. For example, manufacturers must ensure that they employed a certain number of workers directly involved in the manufacture of the equipment throughout the specified periods. They must also provide written undertakings to the Minister if they wish to qualify for the higher bounty rate for equipment manufactured after 22 May 1984. The Minister has the authority to require persons to answer questions and produce documents related to the manufacture of the equipment and the eligibility of manufacturers for the bounty (Section 17). Decisions made by the Minister regarding the eligibility of manufacturers can be reviewed by the Administrative Appeals Tribunal, and affected parties must be informed of their right to seek a review (Sections 22 and 22a). Failure to comply with the provisions of the Act may result in civil or criminal penalties. Although specific penalties are not detailed within the Act itself, breaches of the Act could lead to legal consequences under the general laws of the Commonwealth or relevant state or territory laws. For example, providing false information to the Minister could potentially be considered a fraudulent act, which might incur criminal penalties under federal or state fraud statutes. Additionally, manufacturers who do not adhere to the conditions for receiving the bounty may be ineligible for the financial benefits outlined in the Act.

Area of Law: Industrial Law
Instrument: Amending Act
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

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.

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