WHALING INDUSTRY.
No. 11 of 1952.
An Act to amend the Whaling Industry Act 1949.
[Assented to 30th May, 1952.]
BE it enacted by the Queen’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 Whaling Industry Act 1952.
(2.) The Whaling Industry Act 1949*, as amended by this Act, may be cited as the Whaling Industry Act 1949–1952.
Commencement.
2. This Act shall be deemed to have come into operation on the thirty-first day of March, One thousand nine hundred and fifty-two.
Annual report of Commission.
3. Section twenty-nine of the Whaling Industry Act 1949 is amended—
(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) The Commission shall, as soon as practicable after the thirty-first day of March in each year, prepare and furnish to the Minister—
(a) a report on the operations of the Commission during the year ended on that date; and
(b) financial accounts in respect of that year in such ‘form as the Treasurer approves.”; and
(b) by omitting sub-section (5.).
Report and financial accounts in 1952.
4. Notwithstanding the provisions of the Whaling Industry Act 1949, as amended by the last preceding section, the report and financial accounts to be prepared and furnished to the Minister by the Commission in the year One thousand nine hundred and fifty-two shall be in respect of the period which commenced on the first day of July, One thousand nine hundred and fifty-one, and ended on the thirty-first day of March, One thousand nine hundred and fifty-two.
Overview
The Whaling Industry Act 1952 was enacted to amend the Whaling Industry Act 1949. It was introduced to address gaps in the regulatory framework governing the whaling industry, aiming to refine and update the operations and reporting obligations of the Whaling Industry Commission. The Act was enacted by the Parliament of Australia, with the objective of ensuring that the Commission could effectively manage and report on the industry’s activities in a timely and accurate manner. This legislative update was intended to improve the administrative efficiency and accountability of the Commission within the whaling industry.
Scope and Application
The Whaling Industry Act 1952 applies to the operations and regulation of the whaling industry within the Commonwealth of Australia. It serves as an amendment to the Whaling Industry Act 1949, thereby affecting entities involved in whaling activities, including companies, vessels, and individuals who partake in the hunting, processing, or sale of whale products. The Act mandates the Whaling Commission to prepare an annual report and financial accounts detailing the industry's operations and financial status, which must be submitted to the Minister. Geographically, the Act's jurisdiction extends across the Australian Commonwealth, governing whaling activities within its territorial waters and regulating the industry according to national standards. There are no explicit exclusions or exemptions mentioned in the Act, indicating that it applies broadly to all whaling activities within the Commonwealth. The Act's provisions can be further defined or extended through subordinate instruments, allowing for more detailed regulations and enforcement mechanisms to be established as necessary.
Key Provisions
The Whaling Industry Act 1952 introduces several key changes to the existing Whaling Industry Act 1949. One of the primary amendments is found in Section 3, which modifies Section 29 of the original Act. Specifically, Section 3(a) mandates that the Commission must prepare and submit an annual report to the Minister as soon as practicable after the end of March each year. This report must detail the Commission's operations for the year and include financial accounts, which must adhere to the format approved by the Treasurer. Section 3(b) also removes subsection (5) of Section 29 from the original Act. In addition, Section 4 stipulates that for the year 1952, the report and financial accounts submitted by the Commission must cover the period beginning on July 1, 1951, and ending on March 31, 1952, differing from the usual annual reporting cycle.
Under the Whaling Industry Act 1952, the Commission is obligated to submit a comprehensive annual report and financial accounts to the Minister by the end of March each year. This requirement ensures that the Commission's activities and financial status are transparent and reported in a timely manner. For the year 1952, however, the reporting period is adjusted to cover the period from July 1, 1951, to March 31, 1952, as specified in Section 4. This adjustment is intended to align the reporting period with a specific transitional phase in the industry. The financial accounts must be prepared in a format approved by the Treasurer, ensuring consistency and accuracy in the financial reporting process.
Breaching the obligations imposed by the Whaling Industry Act 1952 could have significant consequences. Although the Act does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance, failure to submit the required annual report and financial accounts could lead to regulatory scrutiny and potential enforcement actions. The precise consequences would depend on the interpretation of the Act by relevant authorities and the specific circumstances of any non-compliance. However, the absence of explicit penalties in the text suggests that non-compliance might be addressed through administrative or judicial processes, depending on the severity and nature of the breach.