Structural Adjustment (Loan Guarantees) Regulations

Legislation au C2004L01923 Regulations Not in force Legislative Instrument

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1975 No. 55

REGULATIONS UNDER THE STRUCTURAL ADJUSTMENT (LOAN GUARANTEES) ACT 1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Structural Adjustment (Loan Guarantees) Act 1974.

Dated this ninth day of April, 1975

John R. Kerr

Governor-General.

By his Excellency’s Command,

Minister of State for Manufacturing Industry

 

STRUCTURAL ADJUSTMENT (LOAN GUARANTEES) REGULATIONS

Citation.

1. These Regulations may be cited as the Structural Adjustment (Loan Guarantees) Regulations.

Definition.

2. In these Regulations, “ the Act ” means the Structural Adjustment (Loan Guarantees) Act 1974.

Adjustment situation—25% tariff cut.

3. (1) The circumstances resulting from the action of the Australian Government in reducing by 25 per cent the rates of Customs duty applying to certain tariff items, being items included in Customs Tariff Proposals No 12 of 1973 (excluding revenue items and anti-dumping duties) which operated from 19 July 1973, are-declared to be an adjustment situation for the purposes of the Act.

(2) The Period during which an application for a guarantee may be made in relation to the adjustment situation declared in sub-regulation (1) is the period from and including the date of commencement of these regulations to and including 18 April 1975.

(3) For the purposes of paragraph 14 (a) of the Act, the prescribed classes of firms that are to be eligible for assistance by way of guarantee in relation to the in relation to the adjustment situation declared in sub-regulation (1) are—

(a) all firms in non-metropolitan areas;

(b) firms engaged in textile, apparel or footwear footwear industrial operations in metropolitan areas; and

(c) firms engaged in other industrial operations in metropolitan areas that applied to the Australian Government before 19 January 1975 for assistance by way of guarantee in relation to that adjustment situation.

 

* Notified in the Australian Government Gazette on 11 April 1975.

11735/75—Recommended retail price 8c 10/4.4.1975


(4) In this regulation—

“ metropolitan area ” means an area designated for the purposes of the Census taken in the year 1971 as—

(a) the Sydney Statistical Division;

(b) the Melbourne Statistical Division;

(c) the Brisbane Statistical Division;

(d) the Adelaide Statistical Division;

(c) the Perth Statistical Division; or

(f) the Hobart Statistical Division;

“ non-metropolitan area ” means an area other than a metropolitan area.

Adjustment situation—consumer electronic equipment. &c.

4. (1) The circumstances resulting from the action of the Australian Government in reducing rates of Customs duty applying to consumer electronic equipment and components, being items included in Customs Tariff Proposals No. 18 of 1973, which operated from 20 November 1973, are declared to be an adjustment situation for the purposes of the Act.

(2) The period during which an application may be made in relation to the adjustment situation declared in sub-regulation (1) is the period from and including the dale of commencement of these Regulations to and including 19 May 1975.

Adjustment situation—domestic appliance decision.

5. (1) The circumstances resulting from the action of the Australian Government in reducing rates of Customs duty applying to domestic appliances, heating and cooling equipment and other goods, including parts for them, being hems included in Customs Tariff Proposals No. 4 of 1974, which operated from 4 February 1974, are declared to be an adjustment situation for the purposes of the Act.

(2) The period during which an application for a guarantee may be made in relation to the adjustment situation declared in sub-regulation (1) is the period from and including the date of commencement of these Regulations to and including 23 July 1975.

Adjustment situation—shipbuilding.

6. (1) The circumstances resulting from the action of the Australian Government in reducing rates of Customs duty applying to vessels, being items included in Customs Tariff Proposals No. 8 of 1974, which operated from 1 July 1974, are declared to be an adjustment situation for the purposes of the Act.

(2) The period during which an application for a guarantee may be made in relation to the adjustment situation declared in sub-regulation (1) is the period from and including the date of commencement of these Regulations to and including 18 December 1975.

Adjustment situation—women man-made fibre fabrics.

7. (1) The circumstances resulting from the action of the Australian Government in reducing rates of Customs duty applying to woven man-made fibre fabrics, being items included in Customs Tariff Proposals No. 3 of 1975 which operated from 19 December 1974, are declared to be an adjustment situation for the purposes of the Act.

(2) The period during which an application for a guarantee may be made in region to the adjustment situation declared in sub-regulation (1) is the period from and including the date of commencement of these Regulations to and including 9 December 1975.


Adjustment situation—passenger motor vehicles.

8. (1) The circumstances resulting from the action of the Australian Government in reducing  rates of Customs duty applying to passenger motor vehicles, being items included in Customs Tariff Proposals No. 8 of 1975, which operated from 27 January 1975, are declared to be an adjustment situation for the purposes of the Act.

(2) The period during which an application for a guarantee may be made in relation to the adjustment situation declared in sub-regulation (1) is the period from and including the date of commencement of these Regulations to and including 14 November 1975.

Adjustment situation—women shirts and knitted outerwear.

9. (1) The circumstances resulting from the action of the Australian Government in reducing rates of Customs duly applying to woven shirts and knitted outerwear, being items included in Determination Number 135809 made under Part XVI of the Customs Act 1901-1974, which operated from 1 March 1974, are declared to be an adjustment situation for the purposes of the Act.

(2) The period during which an application may be made in relation to the adjustment situation declared in sub-regulation (1) is the period from and including the date of commencement of these Regulations to and including 18 April 1975.

Printed by Authority by the Government Printer of Australia

Overview

The Structural Adjustment (Loan Guarantees) Regulations were made under the Structural Adjustment (Loan Guarantees) Act 1974, to provide a framework for loan guarantees aimed at assisting businesses affected by specific tariff reductions implemented by the Australian government. Enacted in 1975, these regulations identify various "adjustment situations" caused by tariff reductions on specific items, such as textiles, footwear, consumer electronics, domestic appliances, shipbuilding, women's man-made fibre fabrics, passenger motor vehicles, woven shirts, and knitted outerwear. Each adjustment situation is accompanied by a specific timeframe within which businesses can apply for a loan guarantee to mitigate the impact of these tariff reductions. The enacting body is the Governor-General of Australia, acting on advice from the Executive Council, and the policy objective is to provide financial support to businesses adversely affected by the government's tariff adjustments, ensuring a smoother economic transition and helping maintain employment and industry stability.

Scope and Application

The Structural Adjustment (Loan Guarantees) Regulations, made under the Structural Adjustment (Loan Guarantees) Act 1974, provide for specific circumstances where certain reductions in customs duties are deemed adjustment situations that may qualify for loan guarantees. These regulations apply to firms affected by the Australian Government's reductions in customs duties on various items, including tariff items, consumer electronic equipment, domestic appliances, vessels, woven man-made fibre fabrics, passenger motor vehicles, woven shirts, and knitted outerwear. The eligibility for loan guarantees is restricted to firms in non-metropolitan areas and certain firms in metropolitan areas that have applied for assistance before specific dates. The regulations specify the periods during which applications for guarantees can be made, ending on particular dates ranging from April to November 1975. The scope of these regulations is national, applying across Australia, and they are designed to support industries adjusting to reduced tariff barriers. There are no stated exclusions or thresholds in the provided text, and the application of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The Structural Adjustment (Loan Guarantees) Regulations, made under the Structural Adjustment (Loan Guarantees) Act 1974, declare various adjustment situations caused by tariff reductions implemented by the Australian Government. These situations include reductions in customs duties on certain tariff items such as textiles, consumer electronics, domestic appliances, shipbuilding, woven man-made fibre fabrics, passenger motor vehicles, and woven shirts and knitted outerwear. For each adjustment situation, specific time frames are established within which applications for loan guarantees can be submitted (sections 3, 4, 5, 6, 7, 8, and 9). These Regulations impose specific obligations on firms seeking loan guarantees under these adjustment situations. Eligible firms must apply within the prescribed periods, which vary depending on the adjustment situation. Eligible firms are defined as those in non-metropolitan areas, firms engaged in textile, apparel, or footwear operations in metropolitan areas, and firms that applied for assistance before a certain date (section 3). Additionally, firms must meet the specific criteria outlined for each adjustment situation to be eligible for assistance. Failure to comply with the provisions of these Regulations may result in legal consequences. However, the Regulations do not explicitly detail specific offences, penalties, or civil or criminal consequences for non-compliance. The primary focus appears to be on ensuring that eligible firms are aware of the adjustment situations and the timeframes for applying for loan guarantees. It is likely that any breaches of the Regulations would be subject to the general legal remedies available under the parent Act or other relevant legislation.

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