Bounty Legislation Amendment Act (No. 2) 1990

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Bounty Legislation Amendment Act (No. 2)
1990

No. 137 of 1990

 

An Act to amend certain Acts providing for the payment
of bounty, and for related purposes

[Assented to 28 December 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Bounty Legislation Amendment Act (No. 2) 1990.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) The amendment of subsection 5 (8) of the Bounty (Computers) Act 1984 made by section 3 of this Act is taken to have commenced on 9 March 1990.


(3) The amendment of section 3aa of the Bounty and Capitalisation Grants (Textile Yarns) Act 1981 made by section 3 of this Act is taken to have commenced on 1 July 1990.

(4) The amendment of the Bounty (Textile Yarns) Amendment Act 1990 made by section 3 of this Act is taken to have commenced on 16 June 1990.

Amendments of various Bounty Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

SCHEDULE Section 3

AMENDMENTS OF VARIOUS BOUNTY ACTS

Bounty (Computers) Act 1984

Subsection 3 (1) (definition of “bountiable equipment”):

Omit paragraph (e), substitute the following paragraphs:

“(e) computer equipment that is included in a class of computer equipment in respect of which a declaration under subsection 5 (1) is in force;

(ea) computer equipment:

(i) that, if it were imported into Australia and were not goods manufactured by a preference country or goods to which Schedule 4 of the Tariff Act applies, would be goods the duty of Customs in respect of which, ascertained under that Act, would be free; and

(ii) that is incorporated in a machine that, if the machine were imported into Australia, would be a machine the duty of Customs in respect of which, ascertained under that Act, would be free;”.

Subsection 3 (1) (definition of “bounty period”):

Omit “5 July 1990”, substitute “31 December 1995”.

Subsection 5 (8):

Omit “Subsection 23 (3) of the Industries Assistance Commission Act 1973”, substitute “Subsection 10 (1) of the Industry Commission Act 1990”.

Paragraph 6 (5) (b):

Omit “that exceeds 2%”, substitute “that exceeds the rate of free”.


SCHEDULE—continued

Paragraph 10 (b):

Omit the paragraph, substitute the following paragraphs:

“(b) where that condition is satisfied in relation to the equipment on a day on or after 20 August 1986 and before 6 July 1990—an amount equal to 20% of the value added to the equipment by the manufacturer; or

(c) where that condition is satisfied in relation to the equipment on a day on or after 6 July 1990 and before 1 July 1991—an amount equal to 17% of the value added to the equipment by the manufacturer; or

(d) where that condition is satisfied in relation to the equipment on a day on or after 1 July 1991 and before 1 July 1992—an amount equal to 15% of the value added to the equipment by the manufacturer; or

(e) where that condition is satisfied in relation to the equipment on a day on or after 1 July 1992 and before 1 July 1993—an amount equal to 13% of the value added to the equipment by the manufacturer; or

(f) where that condition is satisfied in relation to the equipment on a day on or after 1 July 1993 and before 1 July 1994—an amount equal to 11% of the value added to the equipment by the manufacturer; or

(g) where that condition is satisfied in relation to the equipment on a day on or after 1 July 1994 and before 1 January 1996—an amount equal to 9% of the value added to the equipment by the manufacturer.”.

Subsection 20 (8):

Omit the subsection.

Paragraph 32 (1) (m):

Omit “but not including a refusal under subsection 20 (8)”.

Section 34:

After “Bounty” insert “on bountiable equipment the manufacture of which is completed before 6 July 1990”.

Section 34:

At the end of the section insert the following subsection:

“(2) Bounty on bountiable equipment the manufacture of which is completed on or after 6 July 1990 is payable out of money appropriated by the Parliament for the purpose.”.


SCHEDULE—continued

Bounty and Capitalisation Grants (Textile Yarns) Act 1981

Section 3aa:

At the end of the section insert the following subsection:

“(2) Subsection (1) does not apply in relation to the factory cost incurred in connection with the process or processes of producing bountiable yarn that would otherwise be referred to in paragraph (b) if that yarn is sold or otherwise disposed of, after 1 July 1990, for export, either directly or indirectly through another country or other countries, to New Zealand.”.

Bounty (Textile Yarns) Amendment Act 1990

Section 12:

Omit “Bounty (Textile Yarns) Act 1981” (twice occurring), substitute Bounty and Capitalisation Grants (Textile Yarns) Act 1981.

_____________________________________________________________________________________

[Minister’s second reading speech made in

House of Representatives on 22 August 1990

Senate on 17 October 1990]

Overview

The Bounty Legislation Amendment Act (No. 2) 1990 was enacted by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, on 28 December 1990. This Act amends various Bounty Acts to address the need for updating and refining the criteria and rates for bounty payments, particularly in relation to computer equipment and textile yarns. The objective is to ensure that the bounty schemes remain effective and aligned with current economic and trade policies. The Act introduces amendments to the Bounty (Computers) Act 1984, the Bounty and Capitalisation Grants (Textile Yarns) Act 1981, and the Bounty (Textile Yarns) Amendment Act 1990, as specified in the accompanying Schedule. These amendments adjust definitions, rates, and conditions for bounty payments to reflect changes in tariff classifications and to phase out certain bounty rates over time.

Scope and Application

The Bounty Legislation Amendment Act (No. 2) 1990 amends various bounty Acts in Australia, including the Bounty (Computers) Act 1984 and the Bounty and Capitalisation Grants (Textile Yarns) Act 1981, to adjust the definitions, eligibility criteria, and payment terms for bounties on specific goods. This Act applies to entities and individuals involved in the manufacture of computer equipment and textile yarns within Australia. The amendments extend to the geographic reach of Australia, as the bounties pertain to goods manufactured domestically. The Act does not explicitly state any exclusions or exemptions but implies that the changes in definitions and conditions will inherently exclude non-qualifying entities or conduct. The Act allows for further specification and restriction through subordinate instruments, although the primary text does not detail these. The amendments outlined in the Act are specifically targeted at refining the eligibility for bounty payments, adjusting the rates based on the time of manufacture, and clarifying conditions for bounty payment concerning the export of certain goods.

Key Provisions

The Bounty Legislation Amendment Act (No. 2) 1990 (the "Act") amends various Bounty Acts to adjust the payment of bounties, among other things. The main sections of the Act pertain to amendments in the Bounty (Computers) Act 1984, the Bounty and Capitalisation Grants (Textile Yarns) Act 1981, and the Bounty (Textile Yarns) Amendment Act 1990. Section 3 of the Act specifies these amendments, which include re-defining terms such as "bountiable equipment" and "bounty period" and altering the rates of bounty payments over specified dates. Entities and individuals subject to these Acts are required to comply with the updated definitions and bounty rates as stipulated in the Act. For example, manufacturers of computer equipment must ensure that their equipment fits the new definitions to qualify for bounty payments. Additionally, they must be aware of the changing rates of bounty payments over time, as outlined in the Act. The new rates are 20% for equipment manufactured before 6 July 1990, 17% for equipment manufactured between 6 July 1990 and 1 July 1991, 15% for equipment manufactured between 1 July 1991 and 1 July 1992, 13% for equipment manufactured between 1 July 1992 and 1 July 1993, 11% for equipment manufactured between 1 July 1993 and 1 July 1994, and 9% for equipment manufactured between 1 July 1994 and 1 January 1996. Failure to comply with the provisions of the Act could lead to civil consequences, such as the denial of bounty payments. The Act does not explicitly state criminal penalties for non-compliance, but any fraudulent claims for bounties could potentially lead to criminal charges under general fraud provisions in Australian law. The precise penalties for such offences would depend on the circumstances and the discretion of the court.

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