AGRICULTURAL TRACTORS BOUNTY AMENDMENT ACT 1977

No. 30 of 1977

An Act to amend the Agricultural Tractors Bounty Act 1966.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the Agricultural Tractors Bounty Amendment Act 1977.

(2) The Agricultural Tractors Bounty Act 1966 is in this Act referred to as the Principal Act.

Commencement.

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sections 3, 4, 6, 7 and 12 shall be deemed to have come into operation on 1 January 1977.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by adding at the end of the definition of “Collector” the words “or Territory”; and

(b) by omitting the definition of “the terminating date” and substituting the following definition:—

“‘the terminating date’ means 31 December 1984 or such later date as, on or before 31 December 1984, is fixed by Proclamation for the purposes of this definition;”.

Specification of bounty.

4. Section 4 of the Principal Act is amended by omitting the word and figures “4th May, 1973,” and substituting the word and figures “1 January 1977”.

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

Uniformity.

“5a. A power conferred on the Governor-General or the Minister by this Act shall not be exercised in such a manner that bounty would not be uniform throughout the Commonwealth within the meaning of paragraph (iii.) of section 51 of the Constitution.”.

Rate of bounty.

6. Section 6 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:—

“(1) Subject to this section, the bounty payable in respect of a tractor is the amount ascertained in accordance with the Schedule, having regard to the output of the engine of the tractor and the period during which the tractor was manufactured.

“(1a) The regulations may prescribe a factor in relation to a period specified in the Schedule, and, where a factor is so prescribed, then, for the purpose of calculating the bounty payable in respect of a tractor manufactured during that period and at a time when the regulations prescribing that factor are in force, an amount specified in the Schedule in relation to that period shall be multiplied by that factor.

“(1b) For the purposes of sub-section (1a), an amount shall be calculated to the nearest dollar and, for the purposes of that calculation, an amount that would, but for this sub-section, consist of a number of dollars and 50 cents shall be increased by the amount of 50 cents.

(b) by omitting sub-section (3) and substituting the following sub-section:—

“(3) The bounty payable in respect of a tractor under the preceding provisions of this section shall be reduced by an amount equal to 1 per centum of that bounty for each 1 per centum by which the ratio between the factory cost of the materials and parts of the tractor that were wholly produced or manufactured in Australia and the factory cost of the tractor, expressed as a percentage of the factory cost of the tractor, is less than 100 per centum.”;

(c) by inserting before paragraph (a) of sub-section (6) the following paragraph:—

“(aa) a tractor shall be taken to be manufactured on the date on which the manufacture of the tractor is completed; and

(d) by adding at the end thereof the following sub-section:—

“(7) In determining, for the purposes of this section, the factory cost of a tractor or of the materials and parts of a tractor that were manufactured in Australia, the Comptroller-General shall disregard costs attributable to—

(a) pneumatic tyres or pneumatic tubes;

(b) air conditioning equipment;

(c) radio equipment, sound reproducing equipment or sound recording equipment; or

(d) winches.”.

Additional bounty.

7. Section 6a of the Principal Act is repealed.

8. Section 9 of the Principal Act is repealed and the following section substituted: —

Approval of payment of bounty.

“9. (1) Where an application for bounty in respect of a tractor is lodged in accordance with the regulations, the Minister shall—

(a) if he is satisfied that bounty is payable in respect of that tractor— approve the payment of the bounty; or

(b) if he is not so satisfied—refuse to approve payment of the bounty.

“(2) In sub-section (1), ‘bounty’ does not include an advance on account of bounty under section 10.”.

Registration of premises.

9. Section 11 of the Principal Act is amended by omitting sub-section (4a) and substituting the following sub-section:—

“(4a) Where an applicant under this section was not engaged in manufacturing tractors at registered premises on 21 December 1972, the Minister shall refuse to register the premises to which the application relates unless, in the opinion of the Minister, the registration of the premises will promote the orderly development of the manufacture of tractors in Australia.

Security for compliance with Act and regulations.

10. Section 17 of the Principal Act is amended by inserting after the word “security” (first occurring) the words “, in an amount determined by the Minister,”.

11. After section 18 of the Principal Act the following section is inserted:—

Applications for review.

“18a. Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a decision of the Minister made for the purposes of sub-section 6(5);

(b) a determination by the Comptroller-General made for the purposes of sub-section 6(6);

(c) a decision of the Comptroller-General made for the purposes of section 8;

(d) an approval of the Minister given under sub-section 9(1) or a refusal of the Minister to give an approval under that sub-section;

(e) a refusal of the Minister to register premises under section 11, not being a refusal by virtue of sub-section 11(4a);

(f) a determination by the Minister made for the purposes of sub-section 11(6) or a refusal of the Minister to make a determination for the purposes of that sub-section;

(g) a decision of the Minister made for the purposes of sub-section 11(8); or

(h) a determination by the Minister of an amount of security made for the purposes of section 17.”.


Schedule.

12. The Schedule to the Principal Act is repealed and the following Schedule substituted:—

SCHEDULE Section 6

AMOUNTS OF BOUNTY

Output of engine

Tractor manufactured during period 1 January 1977 to 31 December 1979 (inclusive)

Tractor manufactured during period 1 January 1980 to 31 December 1981 (inclusive)

Tractor manufactured during period 1 January 1982 to terminating date (inclusive)

kW

$

$

$

15..............

549

457

366

16..............

584

487

389

17..............

620

516

412

18..............

655

546

435

19..............

690

576

458

20..............

725

605

481

21..............

760

635

504

22..............

795

665

527

23..............

830

694

550

24..............

866

724

573

25..............

901

754

596

26..............

936

783

620

27..............

971

813

643

28..............

1,006

843

666

29..............

1,041

872

689

30..............

1,077

902

712

31..............

1,112

932

735

32..............

1,147

961

758

33..............

1,182

991

781

34..............

1,217

1,021

804

35..............

1,252

1,050

827

36..............

1,287

1,080

850

37..............

1,323

1,109

873

38..............

1,358

1,139

896

39..............

1,393

1,169

919

40..............

1,428

1,198

943

41..............

1,463

1,228

966

42..............

1,498

1,258

989

43..............

1,534

1,287

1,012

44..............

1,569

1,317

1,035

45..............

1,604

1,347

1,058

46..............

1,639

1,376

1,081

47..............

1,674

1,406

1,104

48..............

1,709

1,436

1,127

49..............

1,744

1,465

1,150

50..............

1,780

1,495

1,173

51..............

1,815

1,525

1,196

52..............

1,850

1,554

1,219

53..............

1,885

1,584

1,242

54..............

1,920

1,614

1,265

55..............

1,955

1,643

1,289

56..............

1,990

1,673

1,312

57..............

2,026

1,703

1,335

58..............

2,061

1,732

1,358

59..............

2,096

1,762

1,381

60..............

2,131

1,792

1,404

61..............

2,166

1,821

1,427


SCHEDULE—continued

Output of engine

Tractor manufactured during period 1 January 1977 to 31 December 1979 (inclusive)

Tractor manufactured during period 1 January 1980 to 31 December 1981 (inclusive)

Tractor manufactured during period 1 January 1982 to terminating date (inclusive)

kW

$

$

$

62.............

2,201

1,851

1,450

63.............

2,237

1,881

1,473

64.............

2,272

1,910

1,496

65.............

2,307

1,940

1,519

66.............

2,342

1,970

1,542

67.............

2,377

1,999

1,565

68.............

2,412

2,029

1,588

69.............

2,447

2,059

1,611

70.............

2,483

2,088

1,635

71.............

2,518

2,118

1,658

72.............

2,553

2,148

1,681

73.............

2,588

2,177

1,704

74.............

2,623

2,207

1,727

75.............

2,658

2,237

1,750

76.............

2,694

2,266

1,773

77.............

2,729

2,296

1,796

78.............

2,764

2,326

1,819

79.............

2,799

2,355

1,842

80.............

2,834

2,385

1,865

81.............

2,869

2,415

1,888

82.............

2,904

2,444

1,911

83.............

2,940

2,474

1,934

84.............

2,975

2,503

1,958

85.............

3,010

2,533

1,981

86.............

3,045

2,563

2,004

87.............

3,080

2,592

2,027

88.............

3,115

2,622

2,050

89.............

3,150

2,652

2,073

90.............

3,186

2,681

2,096

91.............

3,221

2,711

2,119

92.............

3,256

2,741

2,142

93.............

3,291

2,770

2,165

94.............

3,326

2,800

2,188

95.............

3,361

2,830

2,211

96.............

3,397

2,859

2,234

97.............

3,432

2,889

2,257

98.............

3,467

2,919

2,280

99.............

3,502

2,948

2,304

100.............

3,537

2,978

2,327

101.............

3,572

3,008

2,350

102.............

3,607

3,037

2,373

103.............

3,643

3,067

2,396

104.............

3,678

3,097

2,419

105.............

3,713

3,126

2,442

Amendment of Administrative Appeals Tribunal Act.

13. (1) The Schedule to the Administrative Appeals Tribunal Act 19753 is amended by omitting Part II.

(2) Notwithstanding the amendment made by this section, applications may be made in accordance with the Part omitted by this section in respect of decisions given before the commencement of this section.


Transitional.

14. The Principal Act as amended by paragraph 3(b) of this Act, but not as amended by any other provision of this Act, applies to and in relation to a tractor the manufacture of which was completed before 1 January 1977.