NEWSPRINTING PAPER BOUNTY.
No. 82 of 1939.
An Act to amend the Newsprinting Paper Bounty Act 1938.
[Assented to 15th December, 1939.]
[Date of commencement, 12th January, 1940.]
BE it enacted by the King’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 Newsprinting Paper Bounty Act 1939.
(2.) The Newsprinting Paper Bounty Act 1938, as amended by this Act, may be cited as the Newsprinting Paper Bounty Act 1938–1939.
2. After section nine of the Newsprinting Paper Bounty Act 1938, the following section is inserted:—
Rates of wages and conditions of employment.
“9a.—(1.) Where, in the locality where paper in respect of the production of which bounty is claimed is manufactured, any standard rates of wages or conditions of employment to be paid or observed in respect of any persons employed in the manufacture of that paper have been—
(a) prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration or of any other industrial authority of the Commonwealth or of a State or Territory or in any industrial agreement registered under any law of the Commonwealth, or of a State or Territory; or
(b) declared to be fair and reasonable in accordance with the provisions of sub-section (2.) of this section,
a manufacturer when making any claim for bounty in respect of the production of any paper shall certify to the Collector that the rates of wages and the conditions of employment observed by him in respect of the persons employed in the manufacture of the paper were not less favourable to the persons so employed than the rates and conditions so prescribed or declared.
“(2.) If, in the locality where paper in respect of the production of which bounty is claimed is manufactured, the rates of wages and conditions of employment to be paid and observed in respect of any persons employed in the manufacture of that paper have not been prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration or of any other industrial
authority of the Commonwealth or of a State or Territory or in any industrial agreement registered under any law of the Commonwealth, or of a State or Territory, the Minister may make application to the Chief Judge or a Judge of the Commonwealth Court of Conciliation and Arbitration for a declaration as to what rates of wages and conditions of employment are fair and reasonable for persons employed in the manufacture of paper in that locality.
“(3.) If the Minister finds that the rates of wages paid to, or the conditions of employment, or any of them, observed in respect of, persons employed in the manufacture of paper upon which bounty is claimed were less favourable to those persons than the rates and conditions prescribed or declared as specified in paragraph (a) or paragraph (b), as the case may be, of sub-section (1.) of this section, he may direct that the whole or any part of any bounty shall not be payable and that whole or part, as the case may be. shall thereupon not be payable.”.
Overview
The Newsprinting Paper Bounty Act 1939, enacted by the Parliament of Australia and assented to on 15 December 1939, serves as an amendment to the Newsprinting Paper Bounty Act 1938. This legislative update was introduced to address the need for ensuring fair and reasonable wages and employment conditions for workers in the newsprinting paper manufacturing industry. The policy objective is to maintain equitable standards within the industry by requiring manufacturers to certify compliance with prescribed rates of wages and conditions of employment or obtain a declaration from the Commonwealth Court of Conciliation and Arbitration if no such standards exist. This amendment was designed to protect workers' rights and ensure that manufacturers do not unfairly benefit from bounties if they do not adhere to fair labour practices.
Scope and Application
The Newsprinting Paper Bounty Act 1939, which amends the Newsprinting Paper Bounty Act 1938, applies to manufacturers claiming bounty for the production of newsprinting paper. The Act requires manufacturers to certify to the Collector that the rates of wages and conditions of employment for employees in the paper manufacturing process meet or exceed any prescribed or declared rates in their locality. These rates may be prescribed by awards, orders, or determinations from industrial authorities or declared by the Minister through the Commonwealth Court of Conciliation and Arbitration. If the rates or conditions are found to be less favourable than those prescribed or declared, the Minister may direct that all or part of the bounty payable be withheld. The Act has a national jurisdictional reach, as it pertains to industrial agreements and awards across various Commonwealth, state, and territory authorities. The application of the Act can be further extended or restricted through subordinate instruments, though the primary text does not specify these details.
Key Provisions
The main operative sections of the Newsprinting Paper Bounty Act 1939 introduce new provisions concerning the rates of wages and conditions of employment for workers in the newsprinting paper industry (s 9a). These provisions require manufacturers to certify that the wages and conditions they offer are not less favourable than those prescribed or declared as fair and reasonable by an industrial authority or the Minister (s 9a(1)). If there are no prescribed or declared rates and conditions, the Minister can apply to the Chief Judge or a Judge of the Commonwealth Court of Conciliation and Arbitration for a declaration of fair and reasonable rates and conditions (s 9a(2)). The Minister can also direct that a bounty shall not be payable if the wages or conditions are found to be less favourable than those prescribed or declared (s 9a(3)).
The Act imposes obligations on manufacturers to ensure that they are compliant with the specified rates of wages and conditions of employment. Manufacturers must certify to the Collector that the rates of wages and conditions of employment for workers in the newsprinting paper industry are at least as favourable as those prescribed or declared (s 9a(1)). Additionally, the Minister has the authority to apply to the Chief Judge or a Judge of the Commonwealth Court of Conciliation and Arbitration for a declaration of fair and reasonable rates and conditions if such standards have not been prescribed or declared (s 9a(2)). Should the Minister determine that the wages or conditions are less favourable than those specified, they can direct that the bounty shall not be payable (s 9a(3)).
The Act does not explicitly outline offences or penalties for breaches. However, the consequences of non-compliance can be inferred from the Minister’s power to direct that the bounty shall not be payable (s 9a(3)). This implies that failure to adhere to the required rates of wages and conditions of employment could result in the denial of bounty payments. While the Act does not specify maximum penalties for breaches, it is clear that non-compliance with the wage and employment condition requirements can lead to significant financial repercussions for manufacturers, in the form of lost bounty payments.