Gold-Mining Industry Assistance Act 1972

Legislation au C1972A00052 Not in force Act

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Gold-Mining Industry Assistance

No. 52 of 1972

An Act to amend the Gold-Mining Industry Assistance Act 19541970.

[Assented to 7 June 1972]

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 1972.

(2) The Gold-Mining Industry Assistance Act 19541970 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 19541972.

Commencement.

2. This Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and seventy-two.

Approval of large producers.

3. Section 5 of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

(3.).............................................. The approval takes effect, or shall be deemed to have taken effect, on a date specified by the Treasurer in the instrument of approval, but, unless the application for approval is made within three months after the end of a year, or within such further time as the Treasurer, in special circumstances, allows, the date so specified shall not be a date in that year..

4. Section 6 of the Principal Act is repealed and the following section inserted in its stead:—

Years to which Act applies.

6.—(1.) Subject to the next succeeding sub-section, the years to which this Act applies are the year ended on the thirtieth day of June, One thousand nine hundred and fifty-five and each succeeding year to and including the year ending on the thirtieth day of June, One thousand nine hundred and seventy-five.

(2.) In relation to a large producer—

(a) the year ending on the thirtieth day of June, One thousand nine hundred and seventy-two, is not a year to which this Act applies; and

(b) the period of six months that ended on the thirty-first day of December, One thousand nine hundred and seventy-one, and the period of six months that ends on the thirtieth day of June, One thousand nine hundred and seventy-two, is each a year to which this Act applies.

(3.) In the application of this Act in respect of a period referred to in paragraph (b) of the last preceding sub-section—

(a) the definition of large producer in sub-section (1.) of section four shall be read—

(i) as if for the words a year there were substituted the words a period referred to in sub-section (2.) of section six; and

(ii) as if for the words that year there were substituted the words that period; and

(b) the definition of small producer in that sub-section shall be read—

(i) as if for the words a year (first occurring) there were substituted the words a period referred to in sub-section (2.) of section six;


(ii) as if for the words that year (wherever occurring) there were substituted the words that period;

(iii) as if for the words a year (second occurring) there were substituted the words a period referred to in sub-section (2.) of section six that is a year; and

(iv) as if for the words five hundred ounces there were substituted the words two hundred and fifty ounces.

(4.) Notwithstanding the provisions of section four a of this Act—

(a) a person who is a large producer may make an election under that section not later than the thirtieth day of September, One thousand nine hundred and seventy-two, in respect of either or both of the periods referred to in paragraph (b) of sub-section (2.) of this section; and

(b) where a person who is a large producer makes an election to be treated as a small producer in relation to one of the periods referred to in paragraph (b) of sub-section (2.) of this section, he shall be deemed to be also a small producer in relation to the other period referred to in that paragraph..

Rate of subsidy.

5. Section 9 of the Principal Act is amended by omitting from paragraph (b) of sub-section (2.) the word Eight and inserting in its stead the word Twelve.

Sales at prices in excess of Thirty-one dollars twenty-five cents per ounce.

6. Section 11 of the Principal Act is amended by omitting from paragraph (d) of sub-section (1.) the word seventy-five and inserting in its stead the word fifty.

 

Overview

The Gold-Mining Industry Assistance Act 1972 was enacted to amend the Gold-Mining Industry Assistance Act 1954–1970, addressing the evolving needs of the gold-mining industry in Australia during the early 1970s. This Act was passed by the Queen, through the Australian Parliament, to provide continued assistance to the gold-mining sector, ensuring its stability and growth during a period of economic uncertainty. The overarching policy objective of this Act was to support large and small gold producers by adjusting the eligibility criteria and rates of subsidy, thereby enhancing the industry's capacity to remain competitive and sustainable. The amendments introduced by this Act aimed to refine the criteria for producer classification, adjust the rate of subsidy, and modify the conditions for sales at prices above a specified threshold.

Scope and Application

The Gold-Mining Industry Assistance Act 1972 amends the Gold-Mining Industry Assistance Act 1954–1970, and it applies to both large and small gold producers within the specified timeframes. The Act is concerned with the approval of large producers and the rate of subsidy provided to gold miners, specifically focusing on the financial year ending on the 30th of June 1955 up until the 30th of June 1975. However, it is pertinent to note that the year ending on the 30th of June 1972 is excluded from the scope of this Act for large producers, but includes the period of six months that ended on the 31st of December 1971 and the period of six months that ends on the 30th of June 1972. The Act also allows large producers to make an election to be treated as a small producer for these specific periods. The Act applies at the Commonwealth level, impacting entities and persons involved in the gold-mining industry across Australia.

Key Provisions

The Gold-Mining Industry Assistance Act 1972 amends the Gold-Mining Industry Assistance Act 1954–1970, and it came into operation on 1 January 1972. Section 3 of the Act modifies the approval process for large gold producers by specifying that the approval must be made within three months after the end of a year, or within further time allowed by the Treasurer in special circumstances. The date of the approval's effectiveness is specified by the Treasurer in the approval instrument. Section 6 of the Act alters the years to which it applies, excluding the year ending 30 June 1972 for large producers but including specific six-month periods before and after this date. It also allows large producers to elect to be treated as small producers for these specific periods, with such an election applying to both periods if made. The Act imposes obligations on large gold producers, requiring them to apply for approval within the specified timeframes (Section 3). It also allows for a specific election process whereby a large producer can choose to be treated as a small producer for particular periods, affecting their eligibility for the benefits under the Act (Section 6). Additionally, the Act requires adjustments in the definitions of 'large producer' and'small producer' when applying to the specified periods, ensuring that the eligibility criteria are correctly aligned with the amended timelines and conditions (Section 6(3)). Breaches of the obligations set out in the Act may result in legal consequences. For instance, failure to apply for approval within the specified time limits could result in the loss of eligibility for subsidies or other benefits provided under the Act. Additionally, incorrect application of the definitions and election provisions could lead to disputes or legal challenges regarding a producer's eligibility and the applicable rates of subsidy. While the Act does not explicitly state penalties for non-compliance, breaches could potentially lead to civil or administrative actions to enforce compliance or rectify the misapplication of the Act's provisions.

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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.