Commonwealth of Australia.
Department of Trade and Customs,
Melbourne, 8th January, 1903.
IS Excellency the Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, in exercise of the powers conferred by the Excise Act 1901 and the. Excise Tariff 1902, has been pleased to make the following Regulation.
C. C. KINGSTON,
Minister for Trade and Customs.
New Sugar Regulation.
As to all plantations in respect of which no rebate for the year 1902 has been paid, nothing done before the 1st day of March, 1903, shall prevent any cane grown thereon from being considered white grown cane for the purposes of any subsequent rebate.
But all persons desiring to obtain the benefit of this Regulation must give notice of their intention to claim rebate, as provided by the Regulations, before the 1st day of March, 1903.
In the case of a rebate paid under this Regulation, the form of declaration to be indorsed on the rebate note shall contain, in lieu of paragraph 3 of the form of declaration prescribed in Regulation 8 of the Sugar Regulations of 28th July, 1902, the following paragraph :—
“3. All this cane was white grown cane, in that it was cane in respect of which white labour only has been employed after the 1st March, 1903, from and including the preparation of the ground for planting, up to and including delivery at the mill for manufacture, and was grown on a plantation in respect of which no rebate for the year 1902 has been paid.”
Overview
The New Sugar Regulation, enacted in 1903 by the Commonwealth of Australia under the authority of the Excise Act 1901 and the Excise Tariff 1902, was introduced to address issues surrounding sugar production and rebate eligibility for plantations. The regulation aims to ensure that sugar plantations that had not received a rebate for the year 1902 could still be eligible for rebates for cane grown and processed after March 1, 1903, provided certain conditions were met. The regulation was made by the Minister for Trade and Customs, with the intention of providing clarity and a fair opportunity for sugar producers to claim rebates while maintaining specific standards regarding the employment of labour and the conditions of cane growth and processing.
Scope and Application
The New Sugar Regulation, promulgated by the Commonwealth of Australia's Department of Trade and Customs, applies to all plantations where no rebate for the year 1902 has been paid. This regulation governs the conditions under which sugar cane grown on such plantations can be considered "white grown cane" for the purposes of obtaining a rebate. Specifically, it mandates that any cane grown on plantations with unpaid rebates for the previous year, provided no actions have been undertaken before 1st March, 1903, can still qualify for the rebate if the requisite notice is given and the cane meets the criteria of being grown using only white labour post 1st March, 1903. Persons intending to benefit from this regulation must declare their intention to claim the rebate before the specified date and must adhere to the detailed declaration form prescribed, which includes a specific paragraph affirming the use of white labour and the plantation's rebate status for the prior year.
Key Provisions
The New Sugar Regulation 1903, as enacted by the Department of Trade and Customs, provides specific provisions regarding the eligibility for sugar cane rebates for the year 1903. Under this legislation, any cane grown on plantations where no rebate was paid for the year 1902, and where no actions were taken before March 1, 1903, can be considered as white grown cane for the purpose of applying for a rebate (paragraph 1). However, individuals or entities wishing to benefit from this regulation must declare their intent to claim the rebate before the specified date of March 1, 1903 (paragraph 2). Additionally, the form of declaration required for a rebate under this regulation must explicitly state that the cane was grown using only white labour from the preparation of the ground for planting up until delivery to the mill for manufacturing (paragraph 3).
The Act imposes certain obligations on the parties or entities it governs. Firstly, it mandates that any person or entity seeking the rebate for sugar cane grown on plantations where no rebate was paid in 1902 must explicitly declare their intent to claim the rebate before the designated date of March 1, 1903. This requirement ensures that all interested parties are aware of the process and the timeline for claiming the rebate. Secondly, the declaration form must include a specific statement confirming that the cane was grown using only white labour throughout the entire process, from the preparation of the ground to the delivery at the mill. This requirement ensures transparency and compliance with the regulations regarding the use of labour in the cultivation of sugar cane.
The New Sugar Regulation 1903 also outlines potential consequences for non-compliance. Although the specific offences, penalties, or consequences for breach are not explicitly stated in the provided text, it is reasonable to infer that failure to comply with the declaration requirements or providing false information in the declaration could lead to legal repercussions. Given the context of the Excise Act 1901 and the Excise Tariff 1902, which the regulation is derived from, it is likely that breaches could result in fines, penalties, or other legal actions as prescribed under those Acts. The exact nature and severity of these penalties would depend on the specific provisions and enforcement mechanisms outlined in the Excise Act 1901 and the Excise Tariff 1902.