Sulphur Bounty Act 1923

Legislation au C1923A00021 Not in force Act

Legislation content

SULPHUR BOUNTY.

 

No. 21 of 1923.

An Act to provide for the Payment of a Bounty on Sulphur.

[Assented to 1st September, 1923.]

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 commencement.

1. This Act may be cited as the Sulphur Bounty Act 1923, and shall commence on a date to be fixed by Proclamation.

Appropriation for payment of bounty.

2. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the bounty specified in this Act.

Specification of bounty.

3.—(1.) The bounty under this Act shall be payable in respect of the production in Australia, after the commencement of this Act, of sulphur from Australian pyrites and other sulphide ores or concentrates.

(2.) The bounty payable in respect of the production of sulphur in accordance with this Act shall be payable at the rate of Two pounds five shillings per ton.

Production of sulphur.

4. When sulphuric acid is produced in Australia from Australian pyrites or other sulphide ores or concentrates, sulphur shall, for the purposes of this Act, be deemed to have been produced to the quantity of the sulphur or brimstone of good commercial quality which it would be necessary to use in producing that sulphuric acid, which quantity shall be ascertained in the prescribed manner.

Certificate to be supplied by claimant in support of claim.

5. Every claimant of bounty under this Act shall supply with his claim a certificate, from the manufacturer of the sulphuric acid containing the sulphur in respect of which bounty is claimed, stating the number of tons of that sulphuric acid calculated to a strength of one hundred per centum, and that the sulphuric acid has been manufactured from Australian pyrites or other sulphide ores or concentrates.

Persons entitled to bounty.

6. The person who is, at the time when any pyrites or other sulphide ores or concentrates are treated for and in connexion with the production therefrom of sulphuric acid, the owner of the pyrites or other ores or concentrates shall, subject to this Act, be deemed to be the producer of the sulphur, and shall be the person who is entitled, under this Act, to claim bounty in respect of the production of the sulphur in the sulphuric acid.


Minister may require information.

7. The Minister may, in relation to any claim for bounty under this Act, require such information as to the correctness of any certificate, or otherwise, as he deems necessary.

Limit of total amount of bounties.

8.—(1.) The total amount of the bounty authorized to be paid in any one year shall not exceed the sum of One hundred thousand pounds.

(2.) Where the maximum amount of bounty which may be paid in any year has not been paid in that year the unpaid balance, or any part thereof, may be paid in any subsequent year in addition to the maximum amount for that year.

Proof of good quality and of compliance with the Act to be furnished.

9. No bounty shall be authorized to be paid to any person other than the producer of the sulphur, nor unless the producer of the sulphur furnishes proof to the satisfaction of the Minister that the requirements of this Act and the Regulations have been com plied with.

Conditions of employment and rates of wages.

10.—(1.) The Minister may make application to the President of the Commonwealth Court of Conciliation and Arbitration, or to any Judge of a Federal or State Court or to any person or persons who compose a State Industrial Authority, for a declaration as to what wages and conditions of employment are fair and reasonable for labour employed in the production of the goods.

(2.) On the hearing and determination of the application, the President, Judge, person or persons shall have all the powers which under the Excise Procedure Act 1907 belong to the President of the Commonwealth Court of Conciliation and Arbitration, and all witnesses and persons summoned to appear or appearing before him or them shall be subject to the same liabilities and penalties, as witnesses or persons summoned to appear or appearing before the President on an application within the meaning of that Act, and the provisions of that Act, shall, so far as they are applicable, apply accordingly, mutatis mutandis, as if the application were an application within the meaning of that Act.

(3.) Every person who claims the bounty payable under the 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 in connexion with the production of sulphur, other than the labour of members of his family.

(4.) 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) are below the standard rates and conditions applicable to the locality and agreed upon between representatives of associations of employers and employees registered under any Commonwealth or State Act, or

(c) are below the rates and conditions declared, as in the first sub-section of this section mentioned, to be fair and reasonable,

the Minister may withhold the whole or any part of the bounty payable.


Offences against Act.

11. No person shall—

(a) obtain any bounty which is not payable ;

(b) obtain payment of any bounty by means of any false or misleading statement; or

(c) present to any officer or other person doing duty in relation to this Act or the Regulations any document, or make to any such officer or person any statement, which is false in any particular.

Penalty : One hundred pounds or imprisonment for twelve months.

Return to be laid before Parliament.

12. A return setting forth—

(a) the names of all persons to whom bounty was paid during the preceding financial year;

(b) the amounts of all such bounty;

(c) the names of the places and States in which the goods were produced;

(d) the number of persons employed in each of the works, wages paid, and hours observed in the production of the goods,

shall be prepared in the month of July in each year and shall be laid before both Houses of the Parliament within thirty days after its preparation if the Parliament is then sitting, and if not, then within thirty days after the next meeting thereof.

Regulations.

13. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act, and in particular for any of the following purposes:—

(a) For prescribing the minimum quantity of goods to be produced to entitle the producer to claim the bounty;

(b) For prescribing the proportion in which bounty shall be payable to claimants who have complied with the prescribed conditions, in cases where there is not sufficient money available to pay the full bounty in respect of all the claims;

(c) For requiring each producer to keep books showing in detail the cost of production, and for the inspection of all books and balance-sheets of each producer, and of the process of production, for the purposes of—

(i) ascertaining and reporting on the conditions of employment obtaining and the rates of wages paid; and

(ii) ascertaining the cost of production and the percentage of profits earned; and

(d) For empowering the Minister from time to time to determine the amount which shall for the purposes of this Act be deemed to be the capital invested by any producer in the production of the goods, and to deduct from any bounty payable to the producer an amount to be determined by the Minister, not exceeding the amount by which the profits earned exceed ten per centum per annum upon the amount of capital so determined.

Overview

The Sulphur Bounty Act 1923 was enacted to provide for the payment of a bounty on sulphur produced from Australian pyrites and other sulphide ores or concentrates. This Act was introduced to encourage the production of sulphur in Australia and to support the local industry by providing financial incentives. The enacting body was the Parliament of Australia, and the policy objective was to stimulate the production of sulphur and ensure fair and reasonable wages and conditions for the workers employed in this industry. The Act specifies the rate of bounty payable per ton of sulphur and includes provisions for the certification of sulphur production, the requirement of information from claimants, and the conditions under which the bounty may be withheld. Additionally, the Act outlines the process for determining fair wages and conditions of employment through applications to the President of the Commonwealth Court of Conciliation and Arbitration or other relevant authorities. It also sets out the penalties for offences against the Act, including fines and imprisonment for those who obtain bounties through false or misleading statements. The Act mandates that a return detailing the distribution of bounties and employment statistics must be prepared annually and presented to Parliament. Regulations can be made under this Act to further specify the details of bounty payments and the production process, ensuring compliance and effective administration of the bounty scheme.

Scope and Application

The Sulphur Bounty Act 1923 applies to the production of sulphur in Australia from Australian pyrites and other sulphide ores or concentrates. The Act specifies a bounty payable at the rate of Two pounds five shillings per ton for such production, and it establishes the framework for the administration and payment of this bounty. The Minister is responsible for determining the conditions under which the bounty can be claimed, including the requirement for producers to supply certificates from the manufacturers of the sulphuric acid. The Act also imposes certain standards for the employment conditions and wages of labour used in the production process, and it empowers the Minister to withhold bounty if these standards are not met. Offences under the Act, including obtaining unpayable bounty, making false statements, and presenting false documents, are subject to penalties of up to one hundred pounds or twelve months imprisonment. The Act's provisions are supported by regulations that may be made by the Governor-General, covering aspects such as the minimum production requirements for bounty eligibility, the distribution of bounty funds when insufficient funds are available, and the inspection of production processes and financial records. This Act applies nationally within Australia and is enforced by Commonwealth authorities.

Key Provisions

The Sulphur Bounty Act 1923 provides for the payment of a bounty on the production of sulphur from Australian pyrites and other sulphide ores or concentrates. The bounty is specified in section 3, which states that it is payable at a rate of Two pounds five shillings per ton. The Act, as mentioned in section 2, mandates that the bounty be paid out of the Consolidated Revenue Fund, with the appropriation being fixed by proclamation. The Act further details, in section 4, that when sulphuric acid is produced from Australian pyrites or other sulphide ores or concentrates, the sulphur content is deemed to have been produced to the quantity necessary to produce that acid. This quantity is to be determined in the prescribed manner. The Act imposes several obligations on the parties involved in the production of sulphur. Claimants of the bounty, as outlined in section 5, must supply a certificate from the sulphuric acid manufacturer stating the quantity of acid produced and confirming that it was made from Australian pyrites or other sulphide ores or concentrates. The owner of the pyrites or ores at the time of their treatment for sulphuric acid production is deemed to be the sulphur producer and is entitled to the bounty, as per section 6. The Minister has the authority to request any necessary information to verify the correctness of a claim, as stated in section 7. Producers must also furnish proof of compliance with the Act and its regulations, as well as evidence of good quality sulphur, to receive the bounty, as stipulated in section 9. The Act also includes provisions for offences and penalties for breaches. Section 11 outlines that it is an offence to obtain a bounty that is not payable, to obtain payment through false or misleading statements, or to present false documents or statements to an officer. The penalty for such offences, as mentioned in the same section, is a fine of up to One hundred pounds or imprisonment for twelve months. Additionally, section 12 requires the Minister to prepare an annual return detailing all bounty payments, production locations, and employment statistics, which must be laid before Parliament. The Act grants the Governor-General the power to make regulations necessary for its implementation, as stated in section 13. These regulations may cover a range of matters, such as the minimum quantity of goods required for a bounty claim, the proportion of bounty to be paid in cases of insufficient funds, requirements for record-keeping and inspection, and the determination of capital investment and profit percentages for bounty calculations.

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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.