STATUTORY RULES.
1909. No. 113.
REGULATION UNDER THE SUGAR BOUNTY ACT 1905.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulation under the Sugar Bounty Act 1905, to come into operation forthwith.
Provisional Regulation (Statutory Rule 1909, No. 43) under the said Act, made on the 23rd day of April, 1909, is hereby cancelled.
Dated this 24th day of September, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
R. W. BEST.
The Sugar Bounty Regulations (Statutory Rule, No. 53 of 1908) are amended by inserting after Regulation 12 the following Regulation, 12a:—
Bounty to be paid to Grower only.
12a. (1) Bounty shall be payable to the grower only.
(2) To secure that bounty shall be so payable:—
(a) every claim for bounty, and every bounty note issued in pursuance of a claim for bounty, shall be incapable of assignment;
(b) every bounty note issued in pursuance of a claim for bounty shall be issued to the grower personally, or to some person (approved by the Collector) authorized to receive it on behalf of the grower; and
(c) every bounty note shall be paid only to the grower, or to some bank authorized to receive payment of it on behalf of the grower, or to some person (approved by the Collector) authorized to receive payment of it on behalf of the grower.
(3) Every person (not being the grower or his banker), who receives any money in payment of a bounty note, shall pay such money to the grower personally or to the grower’s credit in a bank to which the grower has authorized him to pay it, and in default of his doing so the grower may recover the amount thereof by action or other appropriate proceeding in any court of competent jurisdiction.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.12374.—Price 3d.
Overview
The Sugar Bounty Act 1905 was enacted to provide financial assistance to sugar growers within the Commonwealth of Australia, addressing the need for support in the sugar industry. This legislation aimed to encourage and sustain sugar production through financial incentives, ensuring the viability and growth of the sector. The Sugar Bounty Regulations, which were subsequently amended in 1909, were made under the authority of the Sugar Bounty Act and were intended to regulate the distribution and payment of bounties directly to the growers to prevent any intermediary claims or assignments. These regulations were designed to ensure that the financial benefits of the bounty scheme were received by the actual growers, thereby supporting their economic interests and fostering industry stability. The regulations were enacted by the Governor-General in Council, following advice and in accordance with the provisions of the Sugar Bounty Act.
Scope and Application
The Sugar Bounty Regulations, introduced under the Sugar Bounty Act 1905, outline specific provisions for the distribution and payment of sugar bounties to eligible growers. These regulations apply to all growers within the Commonwealth of Australia who qualify for sugar bounties. The bounty is explicitly to be paid only to the grower, ensuring that any intermediary or assignee cannot claim the bounty. The regulations specify that bounty claims and bounty notes are non-assignable and must be issued directly to the grower or an approved representative. Furthermore, the bounty is to be paid directly to the grower or their authorized representative, ensuring that any third party receiving payment on behalf of the grower must remit the bounty to the grower's personal account or an authorized bank. Failure to do so subjects the intermediary to potential legal action from the grower. These regulations do not specify any exclusions or exemptions but are subject to the overarching provisions of the Sugar Bounty Act 1905.
Key Provisions
The main operative sections of these regulations, particularly Regulation 12a, outline the specific conditions under which the bounty will be paid. Regulation 12a(1) states that the bounty is to be paid directly to the grower only. This provision ensures that the financial benefits of the bounty are received by those who directly cultivate the sugar, rather than intermediaries. Regulation 12a(2) further specifies the measures to enforce this: bounty claims and bounty notes must not be assignable, meaning they cannot be transferred to another party. Additionally, bounty notes must be issued to the grower personally or to an approved representative, and payments can only be made to the grower, their authorised bank, or another approved representative. Regulation 12a(3) imposes a legal obligation on anyone who receives the bounty payment but is neither the grower nor their authorised banker to remit the payment to the grower personally or to the grower's bank as authorised. Failure to do so allows the grower to pursue legal action to recover the bounty amount.
The Sugar Bounty Regulations impose several obligations on parties involved in the bounty payment process. Growers must ensure that they or their authorised representatives receive the bounty notes directly. They must also provide clear instructions to any third party authorised to receive payments on their behalf. The Collector and authorised representatives must verify that any party receiving a bounty payment is indeed entitled to do so under the regulations. This includes confirming that the payment is made directly to the grower or an approved intermediary. Furthermore, the Collector has a role in approving individuals or entities who may receive bounty payments on behalf of the grower, ensuring that these parties are trustworthy and properly authorised.
Failure to comply with the provisions outlined in these regulations can lead to legal consequences. Specifically, Regulation 12a(3) allows the grower to take legal action against any person who receives bounty payments but fails to remit them to the grower or their authorised bank. This action can be pursued in any court of competent jurisdiction. Although the regulations do not specify monetary penalties, the legal action itself serves as a deterrent against non-compliance. Additionally, any unauthorised assignment or transfer of bounty claims or notes would be void, and any party found to be in breach could face civil action for the recovery of the bounty amount.