Orange Bounty Act 1936

Legislation au C1936A00005 Not in force Act

Legislation content

ORANGE BOUNTY.

 

No. 5 of 1936.

An Act to provide for the Payment of a Bounty on the Export of Oranges from the Commonwealth.

[Assented to 20th March, 1936.]

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.

1. This Act may be cited as the Orange Bounty Act 1936.

Definitions.

2. In this Act, unless the contrary intention appears—

“bounty” means bounty under this Act;

“the Secretary” means the Secretary of the Department of Commerce of the Commonwealth.

Bounty to be paid.

3. There shall be payable, out of moneys appropriated by the Parliament for the purpose specified in item five of Division one hundred and nine of the Second Schedule to the Appropriation Act 1935–36, the bounty specified in this Act.

Specification of bounty.

4. The bounty shall be payable in respect of oranges exported from the Commonwealth to destinations other than New Zealand during the year One thousand nine hundred and thirty-four, in respect of which the provisions of the Commerce (General Exports) Regulations (being Statutory Rules 1926, No. 22, as amended to the date of the export of the oranges) were complied with.

Rate of bounty

5. Bounty shall be payable at the rate of Sixpence for each case of oranges exported.

Payee of bounty.

6.—(1.) The bounty shall, subject to this section, be payable to the exporter of the oranges.

(2.) Where a person exports oranges through an agent, the bounty may be paid to that agent, who shall be liable to account therefor to the exporter.

Condition of payment.

7. A payment of bounty shall not be made under this Act unless the claimant for that bounty has lodged an application therefor with the Secretary on or before the thirtieth day of June, One thousand nine hundred and thirty-six.


Offences.

8. A person shall not—

(a) obtain or attempt to obtain payment of any bounty which is not payable;

(b) obtain or attempt to obtain payment of any bounty by means of any false or misleading statement; or

(c) present to any officer or other person doing duty in relation to this Act or the regulations any document, or make to any such officer or person any statement, which is false in any particular.

Penalty: One hundred pounds or imprisonment for one year.

Power to call for information.

9.(1.) The Minister, or any person thereto authorized in writing by him, may, by notice in writing, call upon any person to furnish to him within such time as is specified in the notice, such books and documents and such information as the Minister or that authorized person thinks necessary in relation to compliance with this Act or the regulations made thereunder or any suspected contravention thereof.

(2.) Any person who, without reasonable excuse (proof whereof shall lie upon him), fails, after receipt of a notice under the last preceding sub-section, to comply with the requirements of the notice shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for one year.

(3.) Where any person who has so failed to furnish the books, documents or information is a claimant for bounty, the Minister may, if he thinks fit, withhold payment of any bounty payable to the claimant until he has furnished the required books, documents or information.

Return to be laid before Parliament.

10. A report upon the working of this Act, and a return setting forth—

(a) the amount of bounty paid under this Act; and

(b) such other particulars as are prescribed,

shall be prepared in the month of September, One thousand nine hundred and thirty-six, and shall be laid before each House of the Parliament within fifteen sitting days of that House after the thirtieth day of September, One thousand nine hundred and thirty-six.

Regulations.

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding Fifty pounds or imprisonment for a period not exceeding three months for any offence against the regulations.

Overview

The Orange Bounty Act 1936 was enacted by the Parliament of Australia to provide financial incentives for the export of oranges from the Commonwealth, specifically targeting markets outside New Zealand. This Act was a response to the need for economic stimulus in the citrus industry during the early 1930s, a period marked by economic depression. The bounty was intended to encourage the growth and export of oranges, thereby bolstering the agricultural sector and supporting related industries. The policy objective was to enhance the competitiveness of Australian oranges in international markets and to provide financial support to growers and exporters. The Act specifies the conditions under which the bounty can be claimed, including the necessity of complying with relevant regulations and the timely submission of applications to the Secretary of the Department of Commerce.

Scope and Application

The Orange Bounty Act 1936 applies to the payment of a bounty on the export of oranges from the Commonwealth of Australia, specifically for exports occurring during the year 1934 to destinations other than New Zealand. This Act is applicable to the exporters of oranges, including those who may export through an agent, with the bounty payable at a rate of sixpence per case of oranges exported. The bounty is to be paid to the exporter, or in certain cases, to the agent acting on behalf of the exporter. The application for the bounty must be lodged with the Secretary of the Department of Commerce by 30 June 1936, with failure to comply with this Act or provide accurate information subjecting the claimant to penalties, including fines and imprisonment. The Act extends its jurisdiction to allow the Minister or authorised persons to call for necessary documents and information to ensure compliance, with failure to provide such information also attracting penalties. Furthermore, the Act mandates the preparation of a report on its operation, detailing the amount of bounty paid and other prescribed particulars, to be presented to each House of Parliament. The Governor-General has the authority to make regulations for the effective implementation of this Act, including setting penalties for offences against these regulations.

Key Provisions

The Orange Bounty Act 1936 (section 3) establishes that a bounty will be paid on oranges exported from the Commonwealth, specifically for the year 1934, to destinations other than New Zealand. The bounty is payable at a rate of sixpence per case of oranges (section 4) and is intended to be paid to the exporter of the oranges (section 6). If the oranges are exported through an agent, the bounty can be paid to the agent, who must then account for it to the exporter (section 6(2)). A crucial requirement for receiving this bounty is that the claimant must lodge an application with the Secretary by 30 June 1936 (section 7). The Act imposes several obligations on the parties involved. Exporters of oranges must ensure that they comply with the provisions of the Commerce (General Exports) Regulations and that they apply for the bounty within the specified timeframe (sections 4, 6, and 7). The Secretary of the Department of Commerce is responsible for overseeing the application process and the distribution of the bounty (section 6). The Minister, or an authorized person, has the authority to request any necessary books, documents, or information to ensure compliance with the Act and related regulations (section 9(1)). Failure to provide the requested information without reasonable excuse is an offence (section 9(2)). Violations of the Orange Bounty Act 1936 are subject to penalties. Obtaining or attempting to obtain a bounty not payable, or doing so by means of false or misleading statements, is prohibited (section 8(a) and (b)). Presenting false documents or statements to officers or persons involved in the administration of the Act is also an offence (section 8(c)). The penalty for these offences is a fine of one hundred pounds or imprisonment for one year (section 8). Additionally, failure to furnish required books, documents, or information to the Minister upon request is an offence (section 9(2)), with the same penalty of one hundred pounds or imprisonment for one year (section 9(2)). If a person who has failed to comply is also a claimant for bounty, the Minister may withhold payment of the bounty until the required information is provided (section 9(3)).

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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.