Bounty (Ships) Amendment Act 1993

Overview

The Bounty (Ships) Amendment Act 1993, enacted by the Parliament of Australia, was designed to address certain shortcomings and make adjustments to the Bounty (Ships) Act 1989. This amendment aimed to extend the application period for the bounty scheme and modify the rates of bounty payable for eligible costs incurred by ship owners. The Act was introduced to ensure that the financial support provided to the shipping industry remained relevant and effective, adapting to changes in economic conditions and operational requirements. The policy objective of the Bounty (Ships) Amendment Act 1993 was to provide continued support to the Australian shipping industry by extending the bounty scheme's timeframe and adjusting the bounty rates to reflect changing economic circumstances. This adjustment was intended to help maintain the competitiveness of the Australian shipping sector, ensuring that it could sustain its operations and contribute to the national economy effectively.

Scope and Application

The Bounty (Ships) Amendment Act 1993 is a legislative amendment to the Bounty (Ships) Act 1989, extending its application to encompass specific costs incurred by eligible entities within a defined timeframe. This Act applies to entities that qualify under the Principal Act and primarily concerns the calculation and registration of bounties related to eligible costs incurred by ships. The geographic reach of this legislation is national, applying throughout Australia. Notably, the Act adjusts the period to which the Principal Act applies, extending it from 30 June 1995 to 30 June 1997, and it also modifies the rates of bounty for different periods of eligible costs. Additionally, the Act increases the threshold for registration of persons from $10,000 to $20,000, thereby affecting the eligibility criteria for certain registrations. The Act’s provisions are subject to further interpretation and application through subordinate instruments, which may provide more detailed guidelines or exceptions.

Key Provisions

The Bounty (Ships) Amendment Act 1993 (Act) brings several significant changes to the Bounty (Ships) Act 1989 (Principal Act). The primary changes include extending the period to which the Principal Act applies, modifying the rate of bounty for eligible costs incurred during specific time periods, and adjusting the registration threshold for persons involved in the bounty process. The Act, as amended, is designed to provide clarity and adjustments to the original legislation to better serve its intended purposes. Section 3 of the Act amends the definition of "period to which this Act applies" by extending it from 30 June 1995 to 30 June 1997. This extension ensures that the Act continues to provide support and financial assistance for eligible costs related to ships within the specified timeframe. Section 4 adjusts the rate of bounty for eligible costs incurred between 1 July 1993 and 30 June 1997, with the rates decreasing incrementally over these years. These changes are aimed at providing a phased approach to the financial support available, reflecting a gradual reduction in the bounty over time. The Act imposes specific obligations on the parties or entities it governs. Section 17 now requires the registration of persons with a total gross tonnage of ships above 20,000, up from the previous threshold of 10,000. This change is intended to ensure that those involved in the shipping industry who meet the new threshold are appropriately registered and subject to the regulations set out in the Principal Act. Additionally, the Act requires compliance with the updated rates of bounty as specified in Section 4, ensuring that those seeking financial assistance for eligible costs do so in accordance with the amended provisions. For breaches of the Act, Section 20 of the Principal Act applies, which includes penalties for non-compliance with the registration requirements and incorrect claims for bounty. The maximum penalty for these offences is set out in Section 22, which provides for a fine of up to 100 penalty units for each offence. These penalties are designed to enforce compliance and ensure that the Act is adhered to by all relevant parties. The Act also outlines potential civil and criminal consequences for serious breaches, which may include additional fines or other legal actions as determined by the relevant authorities.