Sulphur Bounty Act (No. 2) 1939

Legislation au C1939A00079 Not in force Act

Legislation content

SULPHUR BOUNTY (No. 2)

 

No. 79 of 1939.

An Act to amend the Sulphur Bounty Act 1939.

[Assented to 15th December, 1939.]

[Date of commencement, 12th January, 1940.]

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 Sulphur Bounty Act (No. 2) 1939.

(2.) The Sulphur Bounty Act 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 Acts 1939.

Definitions.

2. Section three of the Principal Act is amended by omitting from the definition of “imported cost” in sub-section (1.) the words “financial year” (wherever occurring) and inserting in their stead the word “quarter”.

Rates of bounty.

3. Section eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “financial year” (first occurring) and inserting in their stead the words “quarter ending on the last day of March, June, September or December”;

(b) by omitting from sub-section (1.) the words “financial year” (wherever else occurring) and inserting in their stead the word “quarter”; and

(c) by inserting in paragraph (b) of sub-section (1.), after the word “part”, the word “thereof”.

Reduction of bounty where profits exceed ten per centum per annum.

4. Section nine of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (4.) the word “and” (last occurring); and

(b) by adding at the end of sub-section 4.) the following paragraph:—

“:and (c) where a manufacturer of sulphur or sulphuric acid uses the sulphur or sulphuric acid for the production of fertilizers or other commodities, deem the sulphur or sulphuric acid so used to have been sold for the purposes of that production at such prices as the Minister determines.”


5. After section nine of the Principal Act the following section is inserted:—

Rates of wages and conditions of employment.

“9a.—(1.) Where, in the locality where sulphur or sulphuric acid in respect of the production of which bounty is claimed is manufactured, any standard rates of wages or conditions of employment to be paid or observed in respect of any persons employed in the manufacture of that sulphur or sulphuric acid have been—

(a) prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration or of any other industrial authority of the Commonwealth or of a State or Territory or in any industrial agreement registered under any law of the Commonwealth, or of a State or Territory; or

(b) declared to be fair and reasonable in accordance with the provisions of sub-section (2.) of this section,

a manufacturer when making any claim for bounty in respect of the production of any sulphur or sulphuric acid shall certify to the Collector that the rates of wages and the conditions of employment observed by him in respect of the persons employed in the manufacture of the sulphur and sulphuric acid were not less favourable to the persons so employed than the rates and conditions so prescribed or declared.

“(2.) If, in the locality where sulphur or sulphuric acid in respect of the production of which bounty is claimed is manufactured, the rates of wages and conditions of employment to be paid and observed in respect of any persons employed in the manufacture of that sulphur or sulphuric acid have not been prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration or of any other industrial authority of the Commonwealth or of a State or Territory or in any industrial agreement registered under any law of the Commonwealth, or of a State or Territory, the Minister may make application to the Chief Judge or a Judge of the Common- wealth Court of Conciliation and Arbitration for a declaration as to what rates of wages and conditions of employment are fair and reasonable for persons employed in the manufacture of sulphur and sulphuric acid in that locality.

“(3.) If the Minister finds that the rates of wages paid to, or the conditions of employment, or any of them, observed in respect of, persons employed in the manufacture of sulphur and sulphuric acid upon which bounty is claimed were less favourable to those persons than the rates and conditions prescribed or declared as specified in paragraph (a) or paragraph (b), as the case may be, of sub-section (1.) of this section, he may direct that the whole or any part of any bounty shall not be payable and that whole or part, as the case may be, shall thereupon not be payable.”.

Overview

The Sulphur Bounty Act (No. 2) 1939 was enacted to amend the Sulphur Bounty Act 1939 and address certain issues related to the payment of bounties for the production of sulphur and sulphuric acid. This Act was passed by the Commonwealth Parliament and came into effect on 12 January 1940. One of the primary purposes of this legislation was to adjust the timing and calculation of the bounty payments by changing the financial year to a quarterly basis. Additionally, the Act introduced measures to ensure that the bounty is only paid if certain wage and employment conditions are met, thereby safeguarding the interests of the workers involved in the production of sulphur and sulphuric acid.

Scope and Application

The Sulphur Bounty (No. 2) Act 1939 amends the Sulphur Bounty Act 1939, impacting entities involved in the manufacture of sulphur or sulphuric acid within Australia. This Act applies to manufacturers who are engaged in the production of these substances and seek to claim a bounty on their production. The amendment specifically requires manufacturers to certify that they adhere to the prescribed or declared rates of wages and conditions of employment for workers in their locality, ensuring fair labour practices within the industry. This legislation operates within the Commonwealth jurisdiction, affecting all states and territories across Australia. The Act does not specify any exclusions, exemptions, or thresholds but allows for the Minister to determine fair wages and conditions where no prior declarations exist. Additionally, the application and interpretation of this Act may be extended through subordinate instruments, which can provide further clarity and regulation of the bounty claims process.

Key Provisions

The Sulphur Bounty Act (No. 2) 1939 amends the Sulphur Bounty Act 1939, altering several key provisions to refine the administration of bounties for sulphur and sulphuric acid producers. The primary amendments are found in sections 2 to 5. Section 2 redefines the term "imported cost" from the Principal Act, replacing references to the financial year with "quarter" to align the calculation period with the specified quarterly intervals. Section 3 adjusts the rates of bounty by similarly replacing "financial year" with "quarter" and includes additional wording to clarify the calculation process. Section 4 further modifies the bounty reduction provisions by introducing new subparagraphs that consider the use of sulphur or sulphuric acid in fertilizer production, allowing for a deemed sale price determined by the Minister. Section 5 introduces a new section 9a, which mandates that manufacturers must certify that the wages and employment conditions for workers are at least as favourable as any prescribed or declared rates in the locality, or those determined to be fair and reasonable by the Minister. This certification is a prerequisite for claiming any bounty. The obligations imposed by the Sulphur Bounty Act (No. 2) 1939 on sulphur and sulphuric acid manufacturers are primarily concerned with ensuring fair employment practices and accurate reporting. Manufacturers must ensure that the wages and employment conditions for their workers meet or exceed the standards set by any applicable industrial awards, orders, determinations, or agreements, or those deemed fair and reasonable by the Minister. This requirement must be certified to the Collector as part of the bounty claim process. Additionally, manufacturers must adhere to the newly defined quarterly calculation periods for determining their imported costs and bounty rates, ensuring that they are compliant with the updated legislative framework. Failure to comply with the obligations stipulated in the Sulphur Bounty Act (No. 2) 1939 may result in penalties or other consequences. Specifically, if a manufacturer fails to certify that the wages and employment conditions for their workers meet the required standards, the Minister may direct that the whole or part of any bounty shall not be payable. This directive effectively disqualifies the manufacturer from receiving the bounty for the period in question. Although the Act does not specify maximum penalties for such breaches, the consequences of non-compliance can be significant, impacting the manufacturer's financial eligibility for the bounty and potentially affecting their operations.

Legal classification tags

Area of Law
Industrial Law
Instrument
Act
Concepts
Definitions & Interpretation
Compliance Obligations
Enforcement Powers
Industrial Relations
Rates of Wages and Conditions of Employment

Interactions

Authorises

All Versions

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.