CELLULOSE ACETATE FLAKE BOUNTY.
No. 64 of 1958.
An Act to amend the Cellulose Acetate Flake Bounty Act 1956.
[Assented to 8th October, 1958.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Cellulose Acetate Flake Bounty Act 1958.
(2.) The Cellulose Acetate Flake Bounty Act 1956 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Cellulose Acetate Flake Bounty Act 1956–1958.
Commencement.
2. This Act shall be deemed to have come into operation on the first day of July, One thousand nine hundred and fifty-eight.
3. After section three of the Principal Act the following section is inserted:—
Extension of period in respect of which bounty is payable.
“3a.—(1.) The Governor-General may, by Proclamation, declare that a period, commencing on the first day of July, One thousand nine hundred and fifty-eight, and terminating on such date as is specified in the Proclamation (being a date not later than the thirtieth day of June, One thousand nine hundred and fifty-nine), is a period to which this Act applies.
“(2.) At any time before the terminating date specified in a Proclamation made in pursuance of the last preceding sub-section, the Governor-General may, by further Proclamation, amend that first-mentioned Proclamation by substituting for that terminating date a date earlier than that terminating date, but not earlier than the date on which the further Proclamation is published in the Gazette, and, upon the publication of the further Proclamation in the Gazette, that first-mentioned Proclamation shall have effect, and be deemed at all times to have had effect, as so amended.
“(3.) For the purposes of this Act, a period declared in pursuance of this section to be a period to which this Act applies shall be deemed to be, and at all times from the commencement of that period to have been, a year to which this Act applies.”.
Limit of annual bounty.
4. Section eight of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “The amount” and inserting in their stead the words “Subject to the next succeeding sub-section, the amount”; and
(b) by inserting after that sub-section the following sub-section:—
“(1a.) If a period deemed by virtue of section three a of this Act to be a year to which this Act applies is less than twelve months, the amount available for payment of bounty in respect of cellulose acetate flake sold in that period is an amount which bears to One hundred and forty-two thousand pounds the same proportion as that period bears to twelve months.”.
Overview
The Cellulose Acetate Flake Bounty Act 1958 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, to amend the Cellulose Acetate Flake Bounty Act 1956. This Act was introduced to address the need for flexibility in the period during which a bounty for cellulose acetate flake could be paid, as well as to provide a mechanism for adjusting the limit of the annual bounty if the designated period is less than twelve months. The policy objective appears to be ensuring that the bounty system can adapt to changing economic conditions and operational realities of the industry involved. The Act came into operation on 1 July 1958, and it allows the Governor-General to declare a period for which the bounty applies, with provisions for extending or reducing this period as necessary.
Scope and Application
The Cellulose Acetate Flake Bounty Act 1958, which amends the Cellulose Acetate Flake Bounty Act 1956, applies to the period commencing on the first day of July 1958 and ending on a date specified by the Governor-General's Proclamation, which cannot extend beyond the thirtieth day of June 1959. The Act is applicable to the industry involved in the production and sale of cellulose acetate flake, effectively setting the parameters within which the bounty payment provisions operate. The Act extends the period in respect of which bounty is payable and specifies the limit of the annual bounty, taking into account the proportion of the period relative to a full year. Any amendments to the specified period for bounty payments must be published in the Gazette and will retroactively adjust the initial Proclamation.
Geographically, this Act operates within the Commonwealth of Australia and applies to all entities involved in the production and sale of cellulose acetate flake within its jurisdiction. The Act does not specify exclusions or exemptions but regulates the bounty payment mechanism based on the declared period. Subordinate instruments may further define or adjust the application of this Act, providing flexibility in response to economic or industry-specific conditions.
Key Provisions
The Cellulose Acetate Flake Bounty Act 1958, which amends the Cellulose Acetate Flake Bounty Act 1956, introduces new provisions to adjust the period during which the bounty for cellulose acetate flake is payable and to modify the calculation of the annual bounty limit. Section 3a of the Act allows the Governor-General to extend the period for which the bounty is payable, starting from July 1, 1958, and ending on a date specified in a proclamation, but no later than June 30, 1959. This period can be further amended by subsequent proclamations, provided that the new terminating date is earlier than the original terminating date but not earlier than the date of publication of the new proclamation in the Gazette.
In terms of the bounty itself, Section 4 of the Act modifies the annual bounty limit. If the period deemed to be a year under Section 3a is less than twelve months, the bounty amount payable for cellulose acetate flake sold during that period is calculated proportionately based on the actual number of months in the period compared to twelve months. The original bounty limit of £142,000 is adjusted according to this proportion, ensuring that the bounty is fairly distributed over the shorter period.
The Act imposes specific obligations on those involved in the sale and payment of the bounty for cellulose acetate flake. Sellers must ensure that the flake is sold within the period declared by the Governor-General, and the bounty must be calculated according to the new provisions outlined in Section 4. The Government, through the relevant authorities, must administer the bounty payments accurately, ensuring that the bounty is proportionately adjusted for shorter periods as specified in the Act.
Breaches of the provisions of the Act may lead to legal consequences. While the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance, it is likely that any failure to adhere to the provisions regarding the declaration period and bounty calculation could result in disputes or challenges in the bounty payments. Such disputes could potentially be addressed in a court of law, with the court interpreting the Act's provisions and determining the appropriate remedy or penalty for non-compliance. Given that the original Act or related legal frameworks might contain further details on penalties and consequences, it would be prudent for parties to consult those provisions as well.