SULPHUR BOUNTY.
No. 38 of 1944.
An Act to amend the Sulphur Bounty Acts 1939.
[Assented to 6th October, 1944.]
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 citation.
1.—(1.) This Act may be cited as the Sulphur Bounty Act 1944.
(2.) The Sulphur Bounty Acts 1939 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Sulphur Bounty Act. 1939-1944.
Commencement.
2. This Act shall come into operation on the twenty-fourth day of October, One thousand nine hundred and forty-four.
Definitions.
3. Section three of the Principal Act is amended by omitting from the definition of “imported cost” in sub-section (1.) the word “sulphur” (last occurring) and inserting in its stead the words “crude brimstone”.
Limit of annual bounty.
4. Section five of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) The total amount of bounty paid under this Act in respect of sulphur or sulphuric acid produced during any one financial year, commencing with the financial year which commenced on the first day of July, One thousand nine hundred and forty-four, shall not exceed One hundred and eighty thousand pounds, and the total amount of bounty so paid in respect of sulphur or sulphuric acid produced during that part of the financial year succeeding the last complete financial year of the period during which this Act is in operation shall not exceed a sum which bears the same proportion to One hundred and eighty thousand pounds as that part bears to a complete financial year.”.
Specification of bounty.
5. Section seven of the Principal Act is amended—
(a) by omitting from paragraph (b) the words “zinc concentrates, iron pyrites and spent oxide” and inserting in their stead the words “any material”; and
(b) by omitting the words “,during a period of five years, commencing on the date of the commencement of this Act,”.
Separate accounts.
6. Section twelve of the Principal Act is amended by omitting from sub-section (2.) the words “half-year ending on the thirty-first day of December and each financial year ending on the thirtieth day of June respectively” and inserting in their stead the words “financial year”.
Overview
The Sulphur Bounty Act 1944 was enacted to amend the Sulphur Bounty Acts 1939, addressing the need for adjusting the financial parameters and scope of the bounty provided for sulphur and sulphuric acid production within Australia. Passed by the Commonwealth Parliament, this Act was aimed at ensuring the financial viability of sulphur production during a period of significant economic and industrial transformation. The primary policy objective was to secure the domestic production of sulphur and sulphuric acid by providing financial incentives, while also making adjustments to the administrative aspects of the bounty scheme.
This Act, which came into operation on 24 October 1944, modified the definition of “imported cost” to include “crude brimstone”, extended the scope of materials eligible for the bounty, and set a new limit on the annual bounty payable. These amendments were crucial in aligning the legislative framework with the evolving economic conditions and ensuring that the bounty system could effectively support the industry during a time of heightened demand for sulphuric acid and related products.
Scope and Application
The Sulphur Bounty Act 1944 applies to the amendment of the Sulphur Bounty Acts 1939, primarily concerning the administration of financial bounties for sulphur or sulphuric acid produced within Australia. This Act specifically targets the financial year beginning on the first of July 1944 and sets a limit on the total amount of bounty paid annually, which shall not exceed one hundred and eighty thousand pounds for the entire financial year. The Act extends to any sulphur or sulphuric acid produced in Australia and amends the definition of "imported cost" to include "crude brimstone." Notably, the Act modifies the materials eligible for bounty to encompass "any material" instead of specific substances like zinc concentrates, iron pyrites, and spent oxide. Furthermore, it removes the time-limited restriction on bounty eligibility, which originally was set for a period of five years from the Act's commencement. The geographic scope of the Act is nationwide, as it pertains to the Commonwealth of Australia, and it does not explicitly state any exclusions or exemptions beyond the specified annual bounty limit. The Act's provisions may be further detailed or extended through subordinate instruments, although no specific mention of such instruments is made in the provided text.
Key Provisions
The Sulphur Bounty Act 1944 primarily amends the Sulphur Bounty Acts 1939, introducing several key changes. Firstly, the Act introduces a new definition for "imported cost" by amending the definition in Section 3 of the Principal Act (section 3). It replaces the term "sulphur" with "crude brimstone," thereby clarifying the scope of the cost considered in the legislation. Secondly, the Act modifies the limit of the annual bounty payable under Section 5 of the Principal Act (section 4). It sets a maximum bounty of One hundred and eighty thousand pounds for sulphur or sulphuric acid produced during any financial year starting from July 1, 1944, and adjusts the bounty proportionally for any partial financial year that follows the period during which this Act is in operation.
The Act also alters the specifications for bounty payments as outlined in Section 7 of the Principal Act (section 5). It broadens the scope of materials eligible for bounty, replacing "zinc concentrates, iron pyrites and spent oxide" with "any material." Additionally, it removes the restriction of the bounty being payable only during the first five years of the Act's operation, allowing for continued payments beyond this initial period. Furthermore, the Act updates the accounting requirements by amending Section 12 of the Principal Act (section 6), which now mandates separate accounts for financial years rather than half-yearly or annual accounts as previously specified.
In terms of obligations, parties governed by the Act must ensure they adhere to the new definitions and limits set forth. They are required to maintain accurate records and accounts of their production and bounty claims as per the updated provisions. Any material eligible for bounty must be clearly identified and documented, and claims for bounty must not exceed the specified limits. Failure to comply with these obligations may result in financial penalties or other legal consequences.
The Act also outlines potential penalties and consequences for breaches. While the specific penalties are not detailed in the text, it is clear that any non-compliance with the Act's provisions could result in financial repercussions. These might include fines or the forfeiture of the bounty received. Additionally, any misleading or false claims for bounty could lead to more severe penalties, including potential criminal charges. The maximum penalties, if specified elsewhere in the Act or related legislation, would apply accordingly.