FORESTRY AND TIMBER BUREAU.
No. 42 of 1953.
An Act to amend the Forestry and Timber Bureau Act 1930-1946.
[Assented to 16th October, 1953.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Forestry and Timber Bureau Act 1953.
(2.) The Forestry and Timber Bureau Act 1930-1946 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Forestry and Timber Bureau Act 1930-1953.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. Section two of the Principal Act is amended by omitting from sub-section (1.) the definitions of “the Fund” and “the trustees”.
Establishment of Forestry and Timber Bureau and appointment of officers.
4. Section three of the Principal Act is amended by omitting from sub-section (3.) the words “Commonwealth Public Service Act 1922-1928” and inserting in their stead the words “Public Service Act 1922-1953”.
5. Sections five to twelve (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—
Forestry Trust Fund.
“5.—(1.) For the purposes of this Act, there shall be established a Forestry Trust Fund (in this section referred to as ‘the Fund’), which shall be a Trust Account within the meaning of section sixty-two a of the Audit Act 1901-1953.
“(2.) There shall be paid into the Fund—
(a) donations for the furtherance of forestry received by the Director-General or otherwise received by or on behalf of the Commonwealth; and
(b) moneys appropriated by the Parliament for the purposes of the Fund or payable to the Fund under any other law.
“(3.) Moneys standing to the credit of the Fund may be applied, in a manner approved by the Minister, for the furtherance of forestry.
“(4.) Interest received from the investment of moneys standing to the credit of the Fund forms part of the Fund.
Receipt of donation.
“6. The Director-General may receive donations made for the furtherance of forestry.”.
Moneys, &c., in Forestry Fund to be transferred to Forestry Trust Fund.
6.—(1.) So much of the moneys that, at the commencement of this Act, are standing to the credit of The Forestry Fund established under the Principal Act as are on deposit in a bank shall be paid into the Forestry Trust Fund established in pursuance of the Principal Act, as amended by this Act.
(2.) All securities that, at the commencement of this Act, represent moneys standing to the credit of The Forestry Fund established under the Principal Act shall be transferred to the Commonwealth and thereupon—
(a) the value of those securities shall be credited to the Forestry Trust Fund established in pursuance of the Principal Act, as amended by this Act; and
(b) those securities shall be deemed to be investments of moneys standing to the credit of that Fund.
Overview
The Forestry and Timber Bureau Act 1953 was enacted to amend the Forestry and Timber Bureau Act 1930-1946, addressing gaps in the administration and funding of forestry initiatives. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aiming to streamline the operations of the Forestry and Timber Bureau by updating the legal framework and financial provisions related to forestry efforts. The policy objective is to enhance the efficiency and effectiveness of forestry initiatives by establishing a Forestry Trust Fund to manage donations and appropriations for forestry purposes. This legislative amendment consolidates the previous act and modernises the administration of forestry and timber resources in Australia.
Scope and Application
The Forestry and Timber Bureau Act 1953 amends the Forestry and Timber Bureau Act 1930-1946, coming into effect upon receiving Royal Assent. This Act applies to the establishment and management of the Forestry Trust Fund, which is designated as a Trust Account under the Audit Act 1901-1953. The Act specifies that the Fund is to receive donations for forestry purposes and moneys appropriated by Parliament, with the Minister approving the application of these funds for forestry initiatives. Additionally, the Act mandates the transfer of existing forestry funds and securities from the previous Forestry Fund to the newly established Forestry Trust Fund. The scope of this Act is national, impacting entities and persons involved in forestry and timber activities across Australia. There are no specific exclusions or exemptions detailed within the Act; however, it is anticipated that subordinate instruments may further define the application and administration of the Fund.
Key Provisions
The Forestry and Timber Bureau Act 1953 amends the Forestry and Timber Bureau Act 1930-1946, introducing significant changes to the management and operation of forestry funds. Section 4 replaces references to the Commonwealth Public Service Act 1922-1928 with the Public Service Act 1922-1953, updating the legislative framework governing the Bureau. Section 5 establishes a Forestry Trust Fund (sections 5(1) and 5(2)), which consolidates donations and appropriated moneys for forestry purposes, ensuring they are managed within a dedicated trust account as per the Audit Act 1901-1953. Funds in this trust account can be applied for forestry initiatives with ministerial approval (section 5(3)), and interest from invested funds becomes part of the trust account (section 5(4)). The Director-General is empowered to receive donations for forestry (section 6), and any existing forestry funds and securities are to be transferred to the new Forestry Trust Fund (section 6(1) and 6(2)).
The Act imposes several obligations on the parties involved. The Director-General must ensure donations for forestry are received and properly accounted for, while the Minister holds the authority to approve the application of funds from the Forestry Trust Fund (section 5(3)). The Public Service Act 1922-1953 now governs the appointment and administration of officers within the Forestry and Timber Bureau, ensuring compliance with updated public service regulations. Additionally, the Act mandates the transfer of existing forestry funds and securities to the Forestry Trust Fund, necessitating meticulous record-keeping and documentation to facilitate this transition.
Breaches of the Act could result in both civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, under Australian law, unauthorised use of funds, misappropriation, or failure to comply with statutory obligations could lead to penalties. Typically, such breaches might result in fines or imprisonment, depending on the severity and intent behind the breach. The maximum penalties would be determined by relevant statutes governing public service and financial management, which could include substantial fines or imprisonment for serious offences. The precise penalties would be adjudicated in accordance with the applicable laws at the time of the offence.