WINE EXPORT BOUNTY.
No. 12 of 1928.
An Act to amend section five of the Wine Export Bounty Act 1924-1927.
[Assented to 22nd May, 1928.]
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 Wine Export Bounty Act 1928.
(2.) The Wine Export Bounty Act 1924–1927 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Wine Export Bounty Act 1924-1928.
Commencement.
2. This Act shall be deemed to have commenced on the ninth day of March One thousand nine hundred and twenty-eight.
Rate of bounty.
3. Section five of the Principal Act is repealed and the following section inserted in its stead:—
“5. The rate of bounty payable under this Act on fortified wine exported on or after the ninth day of March One thousand nine hundred and twenty-eight shall be one shilling per gallon:
Provided that no bounty shall be payable in respect of wine which is not shown, to the satisfaction of the Minister, to be the product of areas planted with vines on or before the thirty-first day of March One thousand nine hundred and twenty-eight.”.
Existing bounties to apply to existing contracts, and to shipments to Canada.
4. Notwithstanding anything contained in this Act, the rate of bounty payable—
(a) in respect of wine, other than wine the product of the 1928 vintage, shipped in Australia on or before the thirty-first day of December One thousand nine hundred and twenty-eight, in fulfilment of a contract in writing which is proved to the satisfaction of the Minister to have been entered into on or before the eighth day of March One thousand nine hundred and twenty-eight, and to be still subsisting;
(b) in respect of wine shipped in Australia on or after the ninth day of March One thousand nine hundred and twenty-eight, in respect of which a notice of intention to export was given, as prescribed, on or before the eighth day of March One thousand nine hundred and twenty-eight; and
(c) in respect of wine shipped to the Dominion of Canada, which the Minister is satisfied is intended for consumption in that Dominion,
shall, subject to the provisions of the Principal Act, be one shilling and ninepence per gallon.
Act to be construed with Principal Act.
5. This Act shall be construed, and read as one, with the Principal Act.
Overview
The Wine Export Bounty Act 1928 was enacted to amend section five of the Wine Export Bounty Act 1924-1927. This legislation was introduced by the Parliament of the Commonwealth of Australia to address issues related to the rates of bounty payable on fortified wine exports. The Act sets out a new rate of bounty for wine exported on or after the commencement date and ensures that existing contracts and shipments to Canada are treated under the previous bounty rate. The overarching policy objective of the Act is to provide clarity and stability in the administration of export bounties for the wine industry, ensuring that both existing and new export arrangements are adequately supported.
Scope and Application
The Wine Export Bounty Act 1928 amends the Wine Export Bounty Act 1924-1927 to modify the rate of bounty applicable to fortified wine exported from Australia. The Act applies to entities and individuals exporting fortified wine, and it sets forth the specific rate of bounty that is payable based on the vintage and destination of the wine. Geographically, the Act applies to the Commonwealth of Australia, with particular provisions for shipments to Canada. The Act excludes any wine not shown to be the product of areas planted with vines before a specified date from receiving the bounty. Additionally, it ensures that existing contracts and certain shipments already in process are governed by the previous bounty rate until specific dates. This Act is to be read in conjunction with the Principal Act and does not alter the broader application or exemptions stipulated within the original legislation.
Key Provisions
The Wine Export Bounty Act 1928, as amended, introduces a new rate of bounty payable on fortified wine exported on or after 9th March 1928, as detailed in section 3(1). The Act stipulates that the rate of bounty shall be one shilling per gallon, provided that the wine is certified by the Minister as being produced from vineyards planted before 31st March 1928. This amendment replaces the previous rate of bounty under the Wine Export Bounty Act 1924-1927.
Entities or individuals involved in the export of fortified wine must ensure that their wine meets the criteria outlined in section 3, specifically that it is produced from vines planted before the specified date to be eligible for the bounty. The Act also mandates that existing contracts and shipments to Canada, under certain conditions, are to be governed by the previous bounty rate of one shilling and ninepence per gallon, as per section 4. This includes contracts entered into before 8th March 1928 and shipments to Canada that are intended for consumption in that Dominion.
Section 5 of the Act specifies that it should be read in conjunction with the Principal Act, ensuring a coherent interpretation and application of both legislative instruments. The obligations on exporters and the Minister include the verification of the origin and planting dates of the vines from which the wine is produced to determine eligibility for the bounty. Failure to comply with these provisions could result in the denial of the bounty, thereby affecting the financial outcomes for those involved in the wine export trade.
The Act does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, it is implied that non-compliance with the bounty criteria could lead to penalties under the Principal Act or other relevant legislation. The potential repercussions could include financial losses due to the non-payment of bounty or other administrative penalties imposed by the Minister or relevant authorities.