SUGAR BOUNTY.
No. 16 of 1910.
An Act to amend the Sugar Bounty Act 1905.
[Assented to 25th October, 1910.]
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 Sugar Bounty Act 1910.
(2.) The Sugar Bounty Act 1905 as amended by this Act may be cited as the Sugar Bounty Act 1905-1910.
Amendment of s. 3.
2. Section three of the Sugar Bounty Act 1905 is amended by omitting therefrom the following words “and before the first day of January One thousand nine hundred and thirteen.”
Amendment of s. 6 by omitting sliding scale.
3. Section six of the Sugar Bounty Act 1905 is amended by omitting therefrom the following proviso:—
“Provided that the rates payable on all such cane or beet delivered during the years 1911 and 1912 shall be respectively two-thirds and one-third of the aforesaid rates.”
4. Section nine of the Sugar Bounty Act 1905 is repealed, and the following section substituted in lieu thereof:—
Conditions of employment and rates of wages.
Cf. 1908 No. 26. s. 11.
“9.—(1.) Every grower of white-grown sugar cane or beet who claims the bounty payable under this Act shall, in making his claim, certify to the Minister the conditions of employment and the rates of wages paid to any labour employed by him, other than the labour of members of his family.
“(2.) If the Minister finds that the rates of wages and conditions of employment, or any of them—
(a) are below the standard rates and conditions of employment prescribed by any Commonwealth or State Industrial authority; or
(b) in the absence of any such standard applicable to the case, are below the standard rates payable and conditions of employment obtainable in the locality in which the sugar is grown; or
(c) in the absence of any such standard rates and conditions of employment respectively, are, on application by
the Minister to the President of the Commonwealth Court of Conciliation and Arbitration, declared not to be fair and reasonable by him or by a Judge of the Supreme Court of a State or any person or persons who compose a State Industrial authority to whom he may refer the matter,
the Minister may withhold the whole or any part of the bounty payable.
“(3.) All the provisions of the Excise Procedure Act 1907 and of any regulations made thereunder shall apply in relation to any application under paragraph (c) of the last preceding sub-section as if the application were an application as defined in that Act, and the application shall, for the purposes of that Act, be deemed to be an application under that Act:
Provided that section four of that Act shall be read as if the words ‘claimant for bounty’ were substituted for the word ‘applicant’.”
Overview
The Sugar Bounty Act 1910 was enacted by the Commonwealth Parliament to amend the Sugar Bounty Act 1905. This amendment was introduced to address issues arising from the sliding scale of bounty payments and to impose conditions on the employment and wages of labour in the sugar industry. The Act sought to ensure that the sugar industry operated within fair employment standards, thereby maintaining equitable conditions for workers. The policy objective behind this legislation was to refine the bounty system to better support the industry while ensuring that fair labour practices were upheld.
The 1910 Act omitted certain provisions of the 1905 Act, including a specific termination date for bounty payments and a sliding scale for the rates payable during certain years. It also introduced new conditions that growers must certify regarding the employment and wages of their labour force. If these conditions were not met, the Minister had the authority to withhold the bounty payable, ensuring adherence to fair and reasonable employment standards. This legislative change was crucial in maintaining the integrity of the sugar industry and protecting workers’ rights within the context of the bounty system.
Scope and Application
The Sugar Bounty Act 1910 applies to growers of white-grown sugar cane or beet who claim the bounty payable under the Act, and it amends the existing Sugar Bounty Act 1905 to include new conditions regarding employment and wages. The Act mandates that growers must certify to the Minister the conditions of employment and rates of wages paid to any labour employed by them, excluding the labour of members of their family. If the Minister determines that these rates and conditions fall below the prescribed standards set by Commonwealth or State Industrial authorities, or are otherwise deemed not fair and reasonable, the Minister has the authority to withhold all or part of the bounty payable. The Act operates within the Commonwealth jurisdiction and its amendments extend to the geographic areas covered by the original Sugar Bounty Act 1905. The Act does not explicitly mention any exclusions or exemptions, but it does incorporate the provisions of the Excise Procedure Act 1907 in relation to applications concerning fair and reasonable wages. The Act allows for further application and interpretation through subordinate instruments, ensuring its provisions are effectively implemented and enforced.
Key Provisions
The Sugar Bounty Act 1910 makes several amendments to the Sugar Bounty Act 1905, primarily focusing on altering the rates and conditions under which sugar growers can claim a bounty. Section 3 removes a specific date limitation previously in place, while section 6 eliminates a sliding scale of rates for certain years. Section 9 is repealed and replaced with new provisions regarding the conditions of employment and rates of wages for those claiming the bounty.
Under section 9(1), sugar growers must certify the conditions of employment and rates of wages paid to any labour employed by them, excluding family labour, when claiming the bounty. Section 9(2) outlines the standards against which these rates and conditions will be measured: they must be at least the standard rates and conditions prescribed by any Commonwealth or State Industrial authority, or if no such standards apply, the standard rates and conditions obtainable in the locality where the sugar is grown. If no such standards exist, the matter can be referred to the President of the Commonwealth Court of Conciliation and Arbitration or a relevant authority for determination.
The Act imposes several obligations on sugar growers. They must certify the conditions of employment and rates of wages paid to their employees when claiming a bounty. These rates and conditions must meet the standards prescribed by relevant authorities or be deemed fair and reasonable by a Judge of the Supreme Court of a State or an appropriate industrial authority. Failure to comply with these requirements can result in the withholding of all or part of the bounty.
Breaches of the Act's provisions can have significant consequences. If the Minister finds that the rates of wages or conditions of employment are below the prescribed standards, they may withhold the bounty. The Act does not specify any criminal penalties for non-compliance but focuses on the financial consequence of withholding the bounty. The maximum penalty for non-compliance is the withholding of the bounty, which can be the whole or any part of the amount that would otherwise be payable.