Copper Bounty Regulations (Amendment)

Overview

The Copper Bounty Act 1958-1960, enacted by the Commonwealth Parliament, aimed to provide financial assistance to copper producers in Australia during the specified period, supporting the development and growth of the copper industry. The Act sought to address the economic challenges faced by small-scale copper producers by offering a bounty for refined copper produced within Australia. This legislative instrument, Statutory Rules 1961 No. 18, amends the Copper Bounty Regulations to refine the definitions, approval processes, and forms for small producers, enhancing the administration and effectiveness of the bounty system. The policy objective remains to bolster the copper industry by ensuring small producers are appropriately recognised and supported.

Scope and Application

The Copper Bounty Regulations, 1961, made under the Copper Bounty Act 1958-1960, primarily apply to entities engaged in the production of copper in Australia. These entities, specifically producers of copper ore, are subject to the conditions and requirements set forth in these Regulations, particularly in terms of their approval as small producers and the quantities of refined copper they are expected to produce. The geographic scope of these Regulations is limited to activities and operations within Australia. The Regulations amend and refine existing provisions regarding the definition of "quarter," the approval process for small producers, and the cancellation of such approvals based on the quantity of refined copper produced. Notably, the Regulations exclude certain definitions and introduce new forms for application, thereby adjusting the operational framework for copper producers within the specified legislative context.

Key Provisions

The key operative sections of these regulations (Statutory Rules 1961, No. 18) pertain to the redefinition of "quarter" in regulation 2, and the amendment and insertion of provisions concerning the approval and cancellation of small producers in regulations 3 and 3a respectively (sections 1-3). Regulation 2 redefines "quarter" as a period of three months beginning on the first day of January, April, July, or October of any given year. Regulation 3 (subsection 4) now allows the Comptroller-General to approve an applicant as a small producer if the quantity of refined copper likely to be obtained from ore produced in Australia is less than the prescribed quantity. Regulation 3a permits the Comptroller-General to cancel a small producer’s approval if the prescribed quantity of refined copper has been, or is likely to be, obtained. The regulations impose several obligations on parties or entities they govern. For instance, under the amended regulation 3, small producers must demonstrate that the quantity of refined copper they are likely to produce in a period less than a year is below twenty-five tons, and in a period of a year, below fifty tons. They must also submit an application to the Comptroller-General, which includes their full name, address, and a declaration of the copper production quantities, as well as signatures from the applicant and a witness. The Comptroller-General has the authority to approve or cancel the small producer status based on the copper production quantities. There are no explicit offences, penalties, or consequences for breach detailed within these regulations. However, failure to comply with the requirements for small producer approval or cancellation could result in non-compliance with the Copper Bounty Act 1958-1960, potentially leading to legal repercussions under the broader legislative framework. The specific penalties or consequences for such non-compliance would be governed by the overarching Act rather than these regulations themselves.