CELLULOSE ACETATE FLAKE BOUNTY.
No. 33 of 1961.
An Act to amend the Cellulose Acetate Flake Bounty Act 1956-1959.
[Assented to 2nd June, 1961.]
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 1961.
(2.) The Cellulose Acetate Flake Bounty Act 1956-1959 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 1956-1961.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
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 the period commencing on the first day of July, One thousand nine hundred and sixty-one, and terminating on such date as is specified in the Proclamation (being a date not later than the thirty-first day of December, One thousand nine hundred and sixty-one), 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.)The amount available for payment of bounty in respect of cellulose acetate flake sold in a period deemed by virtue of section three a of this Act to be a year to which this Act applies is the 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 1961 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 2nd June, 1961. It serves as an amendment to the Cellulose Acetate Flake Bounty Act 1956-1959, addressing a gap by extending the period for which a bounty is payable on cellulose acetate flake and adjusting the limit of the annual bounty. This amendment was introduced to provide flexibility in the duration of bounty payments, allowing for adjustments up to a specified terminating date, thereby ensuring the scheme remains viable and responsive to market conditions. The policy objective is to support the cellulose acetate flake industry by providing financial incentives that can be adapted to changing economic circumstances.
Scope and Application
The Cellulose Acetate Flake Bounty Act 1961 amends the Cellulose Acetate Flake Bounty Act 1956-1959, establishing a legislative framework for the payment of bounties on cellulose acetate flake. The Act applies to entities involved in the production and sale of cellulose acetate flake within the period specified by the Governor-General through proclamation. This includes manufacturers and sellers of cellulose acetate flake within the Commonwealth of Australia. The Act’s application is limited to the period declared by the Governor-General, which can be adjusted through subsequent proclamations, allowing flexibility in the duration for which the bounty is applicable. The Act does not specify exclusions or exemptions but rather sets a limit on the annual bounty payable, which is proportionate to the period for which the bounty applies. The application of the Act may be extended or modified through subordinate instruments, namely proclamations made by the Governor-General, providing a mechanism to adapt the bounty period and limit as needed.
Key Provisions
The Cellulose Acetate Flake Bounty Act 1961 (Act) amends the Cellulose Acetate Flake Bounty Act 1956-1959 (Principal Act) by inserting a new section 3a which allows the Governor-General to extend the period for which a bounty is payable on cellulose acetate flake. This extension can commence from July 1, 1961, and must end by December 31, 1961, as specified in a Proclamation (subsection 3a(1)). The Governor-General has the authority to amend this terminating date to an earlier date, provided it is not before the date of publication of the further Proclamation in the Gazette (subsection 3a(2)). This amended period is then considered as a full year for the purposes of the Act (subsection 3a(3)). Additionally, section 4 amends section eight of the Principal Act to adjust the amount of bounty payable based on the length of the declared period, ensuring the bounty proportion corresponds to a twelve-month period.
The Act imposes obligations on the parties involved in the production and sale of cellulose acetate flake. Manufacturers and sellers of cellulose acetate flake must adhere to the dates specified in the Governor-General’s Proclamations, ensuring compliance with the declared period for bounty eligibility. They must also ensure that the flake is accurately measured and reported to qualify for the bounty. The Act requires the relevant authorities to review and verify claims for the bounty, ensuring that payments are made in accordance with the specified conditions. Furthermore, the Governor-General’s role in issuing and amending Proclamations ensures that the Act’s provisions are effectively communicated and enforced.
Violations of the provisions set out in the Cellulose Acetate Flake Bounty Act 1961 may result in civil or criminal consequences. While the Act does not explicitly detail penalties for breach, any misrepresentation or fraudulent claim for bounty payments could potentially lead to legal action under the relevant fraud or misrepresentation statutes. Parties found to be in breach of the Act's conditions might face financial penalties, disqualification from future bounty payments, or other civil remedies as deemed appropriate by the courts. The Act’s framework, however, primarily focuses on the administrative and procedural aspects of bounty eligibility and payment, rather than specifying punitive measures.