SULPHURIC ACID BOUNTY (No. 2).
No. 101 of 1960.
An Act to amend the Sulphuric Acid Bounty Act 1954-1959, as amended by the Sulphuric Acid Bounty Act 1960.
[Assented to 15th December, 1960.]
BE it enacted by the Queen’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 Sulphuric Acid Bounty Act (No. 2) 1960.
(2.) The Sulphuric Acid Bounty Act 1954-1959, as amended by the Sulphuric Acid Bounty Act 1960, is in this Act referred to as the Principal Act.
(3.) Section one of the Sulphuric Acid Bounty Act 1960 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Sulphuric Acid Bounty Act 1954-1960.
Commencement.
2. This Act shall be deemed to have come into operation on the first day of July, One thousand nine hundred and sixty.
3. Section four of the Principal Act is amended—
Interpretation.
(a) by omitting the definition of “year to which this Act applies” And inserting in its stead the following definition:—
“‘year to which this Act applies’ means the year that commenced on the first day of July, One thousand nine hundred and fifty-four or any of the next ten succeeding years.”; and
(b) by adding at the end thereof the following sub-sections:—
“(2.) Subject to the next succeeding sub-section, a reference in this Act to sulphuric acid shall be read as including a reference to oleum.
“(3.) For the purposes of this Act, a person who produces oleum shall be deemed to produce sulphuric acid of one hundred per centum strength equal in quantity to the quantity of sulphuric acid of that strength that can be produced from the oleum.”.
Reduction of bounty where profits exceed 12½ per centum per annum.
4. Section ten of the Principal Act is amended by omitting sub-section (1a.).
Registration of factories.
5. Section twelve of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(6.) An application under this section for the registration of premises as a factory shall not be granted if the application was made after the first day of December, One thousand nine hundred and sixty, unless the application was made within a period of six months after that date and the Minister is satisfied that—
(a) there was installed at the premises on that date plant used, or intended to be used, for the production of sulphuric acid from materials of Australian origin; or
(b) the person making the application had, on or before that date, incurred, or agreed to incur, substantial expenditure for the purpose of the installation at those premises of plant intended to be used for the production of sulphuric acid from materials of Australian origin.”.
Overview
The Sulphuric Acid Bounty Act (No. 2) 1960 was enacted by the Parliament of Australia to amend the Sulphuric Acid Bounty Act 1954-1959, addressing specific issues related to the production and bounty of sulphuric acid in Australia. This Act was assented to on 15 December 1960, and it is intended to provide for the appropriation of a grant originating in the House of Representatives. One of the key objectives of this legislation is to adjust the bounty structure for sulphuric acid producers, particularly in relation to profit margins and the inclusion of oleum within the scope of the Act. By amending the existing Principal Act, this legislation aims to refine the regulatory framework to better support the domestic production of sulphuric acid, ensuring it remains competitive and viable within the Australian market.
Scope and Application
The Sulphuric Acid Bounty Act (No. 2) 1960 applies to any individual or entity involved in the production of sulphuric acid and oleum, particularly those producing these substances from materials of Australian origin. This Act amends the Sulphuric Acid Bounty Act 1954-1959 and extends its coverage to include oleum, treating producers of oleum as equivalent to producers of 100% strength sulphuric acid. The Act applies nationally across the Commonwealth of Australia, with specific amendments to the Principal Act affecting the bounty and registration processes for factories producing sulphuric acid. Notably, the Act excludes applications for factory registration made after 1 December 1960 unless specific conditions are met, such as the installation of production plant or substantial prior expenditure on such plant. The Act’s provisions are further clarified and extended through subordinate instruments, which detail the operational and administrative aspects of the bounty scheme and registration requirements.
Key Provisions
The Sulphuric Acid Bounty Act (No. 2) 1960 introduces several significant amendments to the Sulphuric Acid Bounty Act 1954-1959. Firstly, the Act modifies the definition of "year to which this Act applies" to encompass the year beginning on July 1, 1954, and any of the next ten succeeding years (section 3). Additionally, it extends the definition of "sulphuric acid" to include oleum, and establishes an equivalence between the production of oleum and the production of 100% strength sulphuric acid for the purposes of the bounty (section 3(2) and (3)). The Act also removes the provision allowing a reduction in bounty if profits exceed 12½ per centum per annum (section 4). Furthermore, it imposes a restriction on the registration of factories for the production of sulphuric acid if the application is made after December 1, 1960, unless specific conditions are met (section 5(6)).
Under the amended Sulphuric Acid Bounty Act 1954-1960, producers of sulphuric acid or oleum must ensure that any factory used for production is registered in accordance with the new provisions. Specifically, applications for factory registration made after December 1, 1960, are subject to stringent criteria. The applicant must demonstrate that either plant for sulphuric acid production was installed on or before that date, or that substantial expenditure had been incurred or agreed upon for such installation by that date (section 5(6)). This requirement aims to prevent the circumvention of the Act's provisions by ensuring that only those with a genuine commitment to sulphuric acid production from Australian materials can benefit from the bounty.
Failure to comply with the requirements of the Sulphuric Acid Bounty Act 1954-1960 may result in various legal consequences. While the Act does not explicitly detail specific offences, non-compliance with registration requirements or fraudulent claims for the bounty could potentially lead to penalties under related legislation or administrative actions. Producers must adhere to the stipulations regarding the installation and use of plant for sulphuric acid production to avoid any adverse legal ramifications. Furthermore, the Act's provisions are designed to ensure that the bounty is appropriately allocated to those genuinely engaged in the production of sulphuric acid from Australian materials, thereby maintaining the integrity of the subsidy scheme.