COTTON BOUNTY.
No. 61 of 1952.
An Act to amend the Cotton Bounty Act 1951.
[Assented to 21st October, 1952.]
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 Cotton Bounty Act 1952.
(2.) The Cotton Bounty Act 1951, as amended by this Act, may be cited as the Cotton Bounty Act 1951–1952.
Commencement.
2. This Act shall come into operation on the first day of January, One thousand nine hundred and fifty-three.
Rate of bounty.
3. Section eight of the Cotton Bounty Act 1951 is amended—
(a) by omitting from sub-section (1.) the word “Where” and inserting in its stead the words “Subject to this section, where”;
(b) by omitting from that sub-section the words “Ninepence half-penny” (wherever occurring) and inserting in their stead the words “One shilling and two pence”; and
(c) by inserting after that sub-section the following sub-sections:—
“(1a.) Notwithstanding anything contained in the last preceding sub-section, where seed cotton in respect of which bounty is payable is delivered to a processor after the year in which it was harvested—
(a) the rate of bounty in respect of that seed cotton is the rate applicable in respect of seed cotton delivered to that processor in the year in which that seed cotton was harvested; and
(b) that seed cotton shall not be taken into account in ascertaining, for the purposes of that subsection, the average price per pound for seed cotton delivered to that processor in the year in which it was so delivered.
“(1b.) The regulations may provide that, in relation to seed cotton delivered to a processor in a year specified in the regulations, being a year subsequent to the year commencing on the first day of January, One thousand nine hundred and fifty-three, sub-section (1.) of this section shall operate as if the references in that sub-section to the amount of One shilling and two pence were references to an amount (not being less than Ninepence half-penny) specified in the regulations.”.
Overview
The Cotton Bounty Act 1952 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia in 1952 to amend the Cotton Bounty Act 1951. The Act came into operation on 1 January 1953. The primary objective of this legislation is to adjust the rate of bounty for cotton seed, replacing the previous rate of ninepence half-penny with one shilling and two pence, while also introducing provisions for cotton delivered after the harvest year and setting a floor for the bounty rate at ninepence half-penny. The Cotton Bounty Act 1952 provides a framework for regulating the bounty rates and includes provisions for adjustments through regulations, ensuring that the bounty system remains fair and effective for cotton growers.
Scope and Application
The Cotton Bounty Act 1952 amends the Cotton Bounty Act 1951, coming into operation on the first of January, 1953. It primarily modifies the rate of bounty payable on seed cotton, increasing it from ninepence half-penny to one shilling and two pence per pound. The Act applies to entities involved in the processing of seed cotton within the Commonwealth of Australia, specifically targeting those delivering seed cotton to processors. Additionally, the Act allows for further modifications to the bounty rate through regulations, ensuring that any specified subsequent year rates cannot be less than ninepence half-penny. The Act does not explicitly outline exclusions or exemptions, thus encompassing all relevant entities unless otherwise specified through subordinate instruments.
Key Provisions
The main operative sections of the Cotton Bounty Act 1952 (C1952A00061) are found in section 3, which amends the Cotton Bounty Act 1951. Section 3(a) modifies the introductory phrase of section eight of the 1951 Act by replacing the word "Where" with "Subject to this section, where," thereby altering the context in which the bounty rates apply. Section 3(b) increases the rate of bounty from "Ninepence half-penny" to "One shilling and two pence" for seed cotton delivered in the year it was harvested. Furthermore, section 3(c) introduces sub-sections (1a) and (1b), which address the bounty rate for seed cotton delivered after the year of harvest and allow for regulatory adjustments to the bounty rate in future years.
The Act imposes several obligations on parties involved in the processing and delivery of seed cotton. Firstly, it mandates that the bounty rate remains unchanged if seed cotton is delivered to a processor after the year of harvest, as specified in section 3(1a). Secondly, it requires that such seed cotton not be considered in determining the average price per pound for seed cotton delivered in the year it was harvested. Additionally, the Act allows for regulatory adjustments to the bounty rate in future years, as outlined in section 3(1b), which means that the bounty rate can be modified by regulations to a specified minimum amount.
Violations of the provisions of the Cotton Bounty Act 1952 may result in civil or criminal penalties, although the specific consequences are not detailed in the Act itself. Typically, non-compliance with bounty regulations or fraudulent claims could lead to fines or other legal repercussions. The penalties would be in line with other relevant legislation governing agricultural subsidies and grants. It is essential for practitioners to refer to the primary legislation or subsidiary regulations for precise details regarding penalties and enforcement mechanisms.