STATUTORY RULES.
1932. No. 128.
REGULATIONS UNDER THE WINE EXPORT BOUNTY ACT 1930-1932.
(First Amendment.)
I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Wine Export Bounty Act 1930-1932 to come into operation forthwith.
Dated this tenth day of November, 1932.
(Sgd) Isaac A. Isaacs.
Governor General.
By His Excellency’s Command,
(Sgd) J. Allan Guy
for Minister of State for Trade and Customs.
Amendment of Wine Export Bounty Regulations.
After Regulation 14 the following regulation is inserted:—
“15.—(1.) If at any time during any financial year the Minister considers that the amount available under the Act for payment of bounty for that year may be insufficient to pay in full all valid claims for bounty expected to be received during that year, the Minister may approve of progress payments being made on each claim at such proportion of the full rate of bounty in respect of that year as he determines.
(2.) At the end of that financial year, additional payments shall be made to each applicant in respect of all short-paid claims for that year to the extent, if any, of the amount available for payment of bounty for that year.
(3.) Notwithstanding anything contained in this regulation, the rate of bounty at which payments are made under this regulation in any financial year shall be the same to each applicant for bounty.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3350.—Price 3d.
Overview
The Wine Export Bounty Regulations 1932, as amended, were established under the Wine Export Bounty Act 1930-1932 to address the financial difficulties faced by the Australian wine industry during the early 1930s. Enacted by the Federal Executive Council and approved by the Governor-General, these regulations were introduced to ensure that the government's bounty payments to wine exporters could be managed effectively and sustainably. The policy objective was to provide a mechanism for the Minister to make progress payments to wine exporters if the bounty funds available for the financial year were deemed insufficient to cover all anticipated claims, thereby supporting the industry while maintaining fiscal responsibility.
The regulations allow for the proportionate distribution of available bounty funds to wine exporters and mandate that any shortfalls be made up at the end of the financial year if additional funds become available. This amendment ensures that exporters are not unduly disadvantaged by financial constraints and that the bounty payments are equitable across all eligible applicants. By enabling progress payments and subsequent adjustments, the regulations aim to provide stability and support to the wine industry during a challenging economic period.
Scope and Application
The Wine Export Bounty Regulations 1932, made under the Wine Export Bounty Act 1930-1932, apply to the bounty payments for wine exported from Australia. These regulations govern the distribution of financial incentives to entities involved in the export of wine from Australia, thereby encouraging the growth of this sector. The regulations specify the processes for making bounty payments, including the possibility of progress payments during a financial year if the budget for bounty payments is anticipated to be insufficient. The Act applies to all eligible entities involved in wine exportation, and the regulations extend to the Commonwealth of Australia. Notably, the Act does not specify exclusions or exemptions, meaning that all entities meeting the criteria for bounty claims under the Act are potentially eligible for payments. The regulations are subject to amendment by the Minister, allowing for adjustments in response to the financial capacity to pay bounties or other exigencies that may arise. This regulatory framework ensures that the bounty payments are distributed fairly and effectively, supporting the wine industry's growth and development within Australia.
Key Provisions
The Wine Export Bounty Regulations 1932, under the Wine Export Bounty Act 1930-1932, introduce a new regulation (Regulation 15) which allows for the approval of progress payments to wine exporters when the Minister determines that the bounty funds for the financial year may not be sufficient to cover all expected claims (Reg 15(1)). If there are insufficient funds, the Minister can decide to pay a proportion of the full bounty rate for each claim, and at the end of the financial year, any shortfalls will be adjusted with additional payments to ensure each applicant receives the full bounty owed (Reg 15(2)). Importantly, the rate of bounty for these progress payments must be uniform for all applicants (Reg 15(3)).
The obligations imposed by these Regulations are primarily on the Minister, who must assess the available bounty funds and decide on the appropriateness of progress payments (Reg 15(1)). The Minister is also required to ensure that any short-paid claims are compensated by making additional payments at the end of the financial year (Reg 15(2)). Furthermore, the uniformity in the bounty rate across all applicants is a crucial requirement, ensuring fairness and compliance with the regulation (Reg 15(3)).
Violations of these Regulations may not explicitly outline specific offences or penalties within the text. However, the failure to comply with the provisions for progress payments and subsequent adjustments could lead to disputes and potential legal actions from exporters who do not receive their full bounty entitlement. It is also possible that breaches could be addressed under general legal principles of administrative law, where the actions of the Minister might be subject to judicial review for procedural unfairness or errors in the application of the Regulations.