Bounty (Room Air Conditioners) Amendment Act 1983
No. 146 of 1983
An Act to amend the Bounty (Room Air Conditioners) Act 1983
[Assented to 22 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 (Room Air Conditioners) Amendment Act 1983.
(2) The Bounty (Room Air Conditioners) Act 19831 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation
3. Section 3 of the Principal Act is amended by omitting “1983” from the definition of “bounty period” and substituting “1984”.
Limit of available bounty
4. Section 8 of the Principal Act is amended by omitting from sub-section (1) “$1,500,000” and substituting “$3,000,000”.
Power to require persons to answer questions and produce documents
5. Section 16 of the Principal Act is amended—
(a) by omitting from sub-section (1) “A Collector” and substituting “Subject to sub-section (1a), a Collector”;
(b) by inserting after sub-section (1) the following sub-section—
“(1a) A notice under sub-section (1) in relation to a bountiable air conditioner shall not be given to a person who purchased the bountiable air conditioner for use in providing a room with conditioned air.”; and
(c) by omitting from sub-section (3) “produces an account, book, document or record in pursuance of a notice under sub-section (1) that, to the knowledge of that person” and substituting “, in pursuance of a notice under sub-section (1), produces an account, book, document or record kept, made or prepared by another person that, to the knowledge of the first-mentioned person”.
NOTE
1. No. 10, 1983.
Overview
The Bounty (Room Air Conditioners) Amendment Act 1983 was enacted to modify the Bounty (Room Air Conditioners) Act 1983. This amendment was introduced by the Queen, in conjunction with the Senate and the House of Representatives of the Commonwealth of Australia. The primary issue addressed by this Act was the need to extend the bounty period and increase the total available bounty for room air conditioners. The legislative amendment also sought to refine the process of requiring individuals to answer questions and produce documents related to these air conditioners, with specific protections for those who purchased the air conditioners for personal use. The purpose of these amendments was to ensure that the bounty scheme remained effective and relevant, aligning with the broader policy objectives of supporting the air conditioning industry while also protecting consumers.
The Bounty (Room Air Conditioners) Amendment Act 1983 thus provides a legislative framework that aims to enhance the bounty scheme by extending the eligibility period and increasing the total bounty available. It also introduces specific protections for consumers who purchased air conditioners for personal use, ensuring that they are not subjected to unnecessary administrative burdens. This Act reflects a commitment to balancing industry support with consumer protection, thereby maintaining the integrity of the bounty scheme within the legislative landscape.
Scope and Application
The Bounty (Room Air Conditioners) Amendment Act 1983 amends the Bounty (Room Air Conditioners) Act 1983, expanding the scope and application of the original legislation. The Act applies to any person or entity involved in the sale, purchase, or distribution of bountiable air conditioners within the Commonwealth of Australia. The amendments extend to the period of eligibility for the bounty, the financial limits of the bounty, and the powers of collectors to require persons to answer questions and produce documents related to these transactions. The Act modifies the definition of the "bounty period" to extend it to 1984, thereby increasing the timeframe during which eligible purchases can be made. Furthermore, it raises the limit of the available bounty from $1,500,000 to $3,000,000. The Act also introduces a specific exemption for individuals purchasing air conditioners for personal use, preventing them from receiving notices under certain conditions. This amendment ensures the bounty is targeted towards commercial activities while safeguarding personal consumers.
Key Provisions
The Bounty (Room Air Conditioners) Amendment Act 1983 (C2004A02863) makes several amendments to the Bounty (Room Air Conditioners) Act 1983. The key operative sections of the amendment include the alteration of the bounty period definition (section 3), the increase in the limit of available bounty (section 4), and amendments to the power to require persons to answer questions and produce documents (section 5).
The amendment to section 3 of the Principal Act changes the definition of the “bounty period” by substituting the year “1984” for “1983”. This indicates that the time frame during which the bounty is applicable is now extended to the year 1984. Section 4 amends the limit of the available bounty by increasing the monetary cap from $1,500,000 to $3,000,000, effectively doubling the financial incentive for eligible purchases of room air conditioners.
The obligations and requirements imposed by the Act on the parties it governs include the obligation to provide information and documentation to authorised officials. Specifically, section 5(1a) of the Principal Act states that a notice requiring a person to answer questions or produce documents in relation to a bountiable air conditioner will not be given to someone who purchased the air conditioner for personal use. Furthermore, section 5(3) now applies to documents kept, made, or prepared by another person, rather than just those produced by the person themselves.
The Amendment Act also includes provisions for potential breaches and the consequences thereof. While the text provided does not explicitly state the maximum penalties for offences, it is implied that breaches of the requirements to answer questions and produce documents could lead to civil or criminal consequences. The specific nature of these consequences would be dictated by other sections of the Principal Act or related legislation, and would likely include fines or other legal sanctions for non-compliance.