Gold-Mining Industry Assistance Act 1965

Legislation au C1965A00034 Not in force Act

Legislation content

Gold-Mining Industry Assistance

No. 34 of 1965

An Act to amend the Gold-Mining Industry Assistance Act 1954-1962.

[Assented to 2 June, 1965]

BE it enacted by the Queens 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 Gold-Mining Industry Assistance Act 1965.

(2.) The Gold-Mining Industry Assistance Act 1954-1962 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Gold-Mining Industry Assistance Act 1954-1965.

Commencement.

2.—(1.) This Act shall come into operation on the first day of July, One thousand nine hundred and sixty-five.

(2.) The amendments made by this Act do not apply in relation to subsidy payable in respect of a year that ended before the commencement of this Act.


Years to which Act applies.

3. Section 6 of the Principal Act is amended by omitting the word ten and inserting in its stead the word fifteen.

Rate of subsidy.

4. Section 9 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (2.) the words Three pounds five shillings and inserting in their stead the words Four pounds;

(b) by omitting from sub-section (3.) the words Two pounds eight shillings and inserting in their stead the words Three pounds; and

(c) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

(4.) In the application of the last preceding sub-section in relation to bullion produced in a year by a person who is a small producer in relation to that year by virtue of an election under section four a of this Act, the amount of Three pounds referred to in that sub-section shall be reduced by One and one-fifth pence for each ounce by which the number of ounces of fine gold referred to in that sub-section exceeds five hundred..

Ascertainment of cost of production.

5. Section 10 of the Principal Act is amended—

(a) by omitting sub-sections (1.) to (5.) (inclusive) and inserting in their stead the following sub-sections:—

(1.) For the purposes of the application of sub-section (1.) of the last preceding section in relation to bullion produced in a year by a large producer from minerals obtained by him from a mining property, the cost of production, for each ounce of fine gold contained in the refined gold produced from the bullion, is the sum of the amounts determined by the Treasurer to be—

(a) the cost of mining the minerals and producing the bullion from the minerals;

(b) the cost of producing the refined gold from the bullion;

(c) the cost in respect of that year of development of the mining property; and

(d) one-half of the net cost, in respect of that year, of approved diamond drilling carried out by the producer elsewhere than on the mining property,

divided by the number of ounces of the fine gold.


(2.) For the purposes of the last preceding sub-section—

(a) the Treasurer may determine which items of expenditure incurred by a producer (including expenditure incurred before the date of commencement of the Gold-Mining Industry Assistance Act 1965) shall be treated as capital expenditure and which such items shall be treated as current expenditure; and

(b) in respect of items of expenditure that the Treasurer determines shall be treated as capital expenditure, the Treasurer may determine the part (if any) of that expenditure that is to be taken into account in respect of a specified year.; and

(b) by adding at the end thereof the following sub-section:—

(10.) In this section—

approved diamond drilling means diamond drilling approved by the Treasurer as being diamond drilling that would, if it resulted in the discovery of gold-bearing minerals of payable grade, contribute to the continued production of gold-bearing minerals in, or in the vicinity of, an existing gold-mining area;

net cost, in relation to approved diamond drilling by a producer, means the cost of the drilling, less any amount paid or payable to the producer by the Commonwealth, a State or the Administration of a Territory in respect of that drilling..

Reduction of subsidy where profits exceed ten per centum per annum.

6. Section 12 of the Principal Act is repealed.

Recovery rate to be maintained.

7. Section 13 of the Principal Act is repealed.

Treasurer may adjust subsidy in certain circumstances.

8. Section 14 of the Principal Act is amended by adding at the end thereof the following sub-section:—

(3.) Where, in the opinion of the Treasurer, a mining operation by a large producer in a year, being an operation the cost of which is to be taken into account in relation to subsidy in respect of bullion produced in that year, is not conducted in accordance with good mining practice, the Treasurer may make such adjustment in the amount of that subsidy as he thinks proper in the circumstances..

Overview

The Gold-Mining Industry Assistance Act 1965 was enacted to amend the Gold-Mining Industry Assistance Act 1954-1962, addressing the need for updated provisions to better support the gold mining industry during the period 1965. This Act was enacted by the Parliament of Australia with the aim of ensuring continued assistance and support to the gold mining industry, particularly in light of the evolving economic and operational landscape of the time. The policy objective of this Act was to provide financial assistance to gold mining operators, particularly small producers, by adjusting the rates and conditions of the subsidy provided under the original Act, in order to maintain the viability and productivity of the gold mining sector in Australia.

Scope and Application

The Gold-Mining Industry Assistance Act 1965 is an amendment to the Gold-Mining Industry Assistance Act 1954-1962, which is referred to as the Principal Act. The Act applies to gold mining operations in Australia and amends the original Act to provide financial assistance to the gold-mining industry. It specifically targets entities engaged in the gold mining industry, particularly large and small producers of bullion. The amendments introduced by this Act affect the subsidy rates, the ascertainment of the cost of production, and the circumstances under which the Treasurer may adjust the subsidy. The Act's geographic and jurisdictional reach is national, applying across the Commonwealth of Australia. Notably, the amendments do not retroactively apply to subsidy payable in respect of a year that ended before the commencement of this Act on 1 July 1965. The Act also allows the Treasurer to make adjustments to the subsidy if a mining operation by a large producer is not conducted in accordance with good mining practice. The Act does not explicitly state any exclusions, exemptions, or thresholds, but the application of its provisions is contingent on the entities and operations falling within the defined scope of the amended sections.

Key Provisions

The Gold-Mining Industry Assistance Act 1965 makes several key amendments to the Gold-Mining Industry Assistance Act 1954-1962, which is now referred to as the Principal Act. The Act extends the period during which the subsidy applies by amending section 6 to increase the number of years from ten to fifteen (section 3). It also adjusts the rate of subsidy by amending section 9, which now sets the rate at four pounds per ounce of fine gold for large producers and reduces the rate for small producers by one and one-fifth pence for each ounce above 500 ounces (section 4). Additionally, section 10 of the Principal Act is amended to provide a new formula for determining the cost of production, which includes the cost of mining, refining, and approved diamond drilling, among other factors (section 5). Under the amended Act, large and small producers have specific obligations concerning the calculation and reporting of their costs and production levels. Large producers must now account for the costs of approved diamond drilling in their calculations, while small producers are subject to a reduced subsidy rate for production above 500 ounces (section 4(4)). The Treasurer has the authority to determine which expenditures are considered capital or current and to adjust the subsidy amount if a mining operation is not conducted according to good mining practice (section 8(3)). The Act also mandates that the Treasurer may adjust the subsidy if a large producer's mining operation does not comply with good mining practices (section 8(3)). The Act does not explicitly outline specific offences or penalties for non-compliance, but breaches of the Act could lead to legal consequences under general statutory provisions or other related legislation. The Treasurer's power to adjust subsidies based on the conduct of mining operations implies that non-compliance with good mining practices could result in financial penalties or reduced subsidies. However, the maximum penalties or specific consequences for breaches are not detailed within the Act itself.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.