Prune Bounty Act (No. 2) 1936

Legislation au C1936A00043 Not in force Act

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PRUNE BOUNTY (No. 2).

 

No. 43 of 1936.

An Act to amend the Prune Bounty Act 1936

[Assented to 9th October, 1936.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Prune Bounty Act (No. 2) 1936.

(2.) The Prune Bounty Act 1936 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Prune Bounty Acts 1936.

Definitions.

2. Section two of the Principal Act is amended by omitting the definition of “the Secretary”.

Specification of bounty.

3. Section four of the Principal Act is amended—

(a) by inserting, after the word “shall”, the words “, subject to this Act,”; and

(b) by omitting the words “year One thousand nine hundred and thirty-five” and inserting in their stead the words “period of two years ending on the thirty-first day of December, One thousand nine hundred and thirty-six”.

Rate of bounty.

4. Section five of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The rate of bounty payable under this Act shall be—

(a) in respect of prunes exported during the year ended on the thirty-first day of December, One thousand nine hundred and thirty-five—Three farthings for each pound of prunes exported; and

(b) in respect of prunes exported during the year ending on the thirty-first day of December, One thousand nine hundred and thirty-six—One half-penny for each pound of prunes exported.”.

Payee of bounty.

5. Section six of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2.) the words “the prescribed authority within the meaning of the Dried Fruits Act 1928–1935” and inserting in their stead the words “a prescribed authority”; and

(b) by adding at the end of paragraph (b) of that sub-section the words “and is certified by a prescribed authority to have been so exported”.


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 Section seven of the Principal Act is repealed and the following section inserted in its stead:—

Condition of payment.

7. A payment of bounty shall not be made under this Act unless the claimant for that bounty has, as prescribed, lodged an application therefor on or before the thirtieth day of June in the year next following that in which the prunes were exported:

Provided that where the Minister is satisfied that the circumstances of any case justify the payment of bounty where the claimant has lodged an application after that date, payment of bounty may be made in respect of that application.”.

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

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 during the month of November next following any financial year in which bounty is paid under this Act, and shall be laid before each House of the Parliament within fifteen sitting days of that House after the thirtieth day of that month.”.

 

Overview

The Prune Bounty Act (No. 2) 1936 was enacted by the Commonwealth Parliament to amend the Prune Bounty Act 1936, primarily to adjust the bounty rates and conditions for the payment of bounties on prunes exported during specific periods. The Act specifies the bounty rates for prunes exported during the year ending on 31 December 1935 and the period of two years ending on 31 December 1936, replacing the previously defined rates and time frames. Additionally, it modifies the conditions under which bounty payments are made and mandates the preparation and presentation of reports on the Act's operation to Parliament. This legislative amendment was aimed at ensuring the bounty system remained aligned with the economic conditions and export activities of the period.

Scope and Application

The Prune Bounty Act (No. 2) 1936 applies to the administration and payment of a bounty on the export of prunes during the specified period. The Act amends the Prune Bounty Act 1936, now referred to as the Principal Act, and collectively as the Prune Bounty Acts 1936. The Act is designed to modify the rate of bounty payable for prunes exported during the year ending on the 31st day of December 1936, and it specifies the terms and conditions under which the bounty is payable. The bounty is payable to a prescribed authority, which must certify that the prunes were indeed exported. The Act also stipulates that claims for bounty must be lodged within a specific timeframe, with the possibility of extensions if circumstances justify it. Additionally, the Act mandates that a report on its operation and a return detailing the bounty payments must be presented to Parliament. The Act applies to the Commonwealth of Australia and its specified entities involved in the export of prunes, with no stated exclusions or exemptions.

Key Provisions

The Prune Bounty Act (No. 2) 1936 amends the original Prune Bounty Act 1936, primarily focusing on the specification of bounty, the rate of bounty, and the conditions under which the bounty is paid. Under section 3, the period for which the bounty is applicable is extended to the two-year period ending on 31 December 1936. The bounty rate specified in section 4 changes from three farthings per pound of prunes exported in 1935 to half a penny per pound for prunes exported in 1936. The payee of the bounty, as outlined in section 5, is to be a prescribed authority, and the bounty can only be paid if the claimant has lodged an application on or before 30 June of the following year. If the Minister is satisfied that circumstances justify a later application, the payment may still be made. Section 7 details the condition of payment, requiring the claimant to lodge an application as prescribed by the Act. Furthermore, section 10 mandates that a report on the working of this Act and a return detailing the bounty paid must be prepared and laid before Parliament within a specified period. The Act imposes several obligations on the parties it governs. The claimants for the bounty must lodge their applications on or before 30 June in the year following the export of prunes, as stated in section 7. If the Minister is satisfied that the circumstances justify a later application, the claimant can still receive the bounty. The prescribed authority, as mentioned in section 5, must certify that the prunes were exported to qualify for the bounty. Additionally, a report on the working of this Act and a return setting forth the bounty paid must be prepared and laid before Parliament within fifteen sitting days of the thirtieth day of November following any financial year in which bounty is paid, as outlined in section 10. Breach of the obligations and requirements outlined in the Act may result in various consequences. While the Act does not explicitly state offences, penalties, or civil/criminal consequences for non-compliance, failure to lodge an application within the specified time may result in the denial of the bounty unless justified by the Minister. Non-compliance with the reporting requirements to Parliament may also have implications, though the exact consequences are not detailed in the text. It is important to note that the Act was enacted in 1936, and any current legal implications or penalties should be confirmed with updated legal resources.

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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.