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Sugar Agreement Act 1954

Authoritative Version
Act No. 65 of 1954 as made
An Act to approve an Agreement amending the Agreement approved by the Sugar Agreement Act 1951.
Date of Assent 06 Nov 1954
Date of repeal 15 Nov 1956
Repealed by Sugar Agreement Act 1956

SUGAR AGREEMENT.

 

No. 65 of 1954.

An Act to approve an Agreement amending the Agreement approved by the Sugar Agreement Act 1951.

[Assented to 6th November, 1954.]

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.

1.  This Act may be cited as the Sugar Agreement Act 1954.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

Approval of agreement.

3.  The agreement made on the twenty-sixth day of November, One thousand nine hundred and fifty-three, between the Government of the Commonwealth of Australia and the Government of the State of Queensland (being the agreement a copy of which is set out in the Schedule to this Act) is approved.

 

THE SCHEDULE.                                         Section 3.

———

SUGAR AGREEMENT 1951–1956.

Supplementary Agreement.

Agreement made this twenty sixth day of November, One thousand nine hundred and fifty-three between the Right Honourable Robert Gordon Menzies Prime Minister of the Commonwealth of Australia and herein acting for and on behalf of and with intent to bind the Government of the Commonwealth of Australia (hereinafter referred to as the Commonwealth Government) and not so as to incur or come under any personal, liability in respect of these presents of the one part and The Honourable Vincent Clair Gair Premier of the State of Queensland and herein acting for and on behalf of and with intent to bind the Government of the State of Queensland (hereinafter referred to as the Queensland Government) and not so as to incur or come under any personal liability in respect of these presents of the other part.

Whereas by an Agreement (hereinafter referred to as the Principal Agreement) known as the Sugar Agreement 1951–1956 a copy of which Agreement is contained in the Schedule to the Sugar Agreement Act 1951 of the Commonwealth and made between the Right Honourable Robert Gordon Menzies Prime Minister of the Commonwealth of Australia therein acting for and on behalf of and with intent to bind the Commonwealth Government of the one part and The Honourable Edward Michael Hanlon Premier of the State of Queensland therein acting for and on behalf of and with intent to bind the Queensland Government of the other part it was agreed among t other things that the Queensland Government should during the period specified in the Principal Agreement make sugar and other sugar products available at the prices and upon the terms and conditions specified in the Principal Agreement:


 

The Schedule—continued.

And whereas it has been agreed between the Commonwealth Government and the Queensland Government that the Principal Agreement shall be varied in the manner and to the extent hereinafter set forth:

Now therefore it is hereby agreed as follows:—

1.  This Agreement shall have no force or effect unless and until it is approved by the Parliament of the Commonwealth.

2.  On and from the twenty-fourth day of March, One thousand nine hundred and fifty-two, until but not including the thirteenth day of October, One thousand nine hundred and fifty-two, the Principal Agreement is deemed to have been amended as follows:—

All words and figures in sub-clause (1) of clause 5 of the Sugar Agreement 1951–1956 from and including the words “Refined Sugar of 1A Grade” to the end of the sub-clause are deleted and the following words and figures are inserted in lieu thereof:—

“Refined Sugar of 1A Grade:

Price for not less than half-ton lots for net cash—£65. 12. 10 per ton.

Refined Sugar of 1XD Grade:

Price to manufacturers for net cash—£64 per ton.

Other Grades of Refined Sugar and Golden Syrups and Treacle:

These prices shall be fixed at amounts not exceeding the respective proportionate values of such products compared with the above prices for refined sugar of 1A and 1XD grades.

Mill-White Sugar of good colour and not less than 98 net titre, and

First Quality Mill Sugar of not less than 98 net titre—

Price to manufacturers for definite orders at reasonable notice for net cash—£53. 12. 9 per ton.

Price to other purchasers for not less than half-ton lots for definite orders at reasonable notice for net cash—£55. 0. 3 per ton.”

3.—(1.)     The Principal Agreement is amended as follows:—

(a) All words and figures in sub-clause (1) of clause 5 from and including the words “Refined Sugar of 1A Grade” to the end of the sub-clause are deleted and the following words and figures are inserted in lieu thereof:—

“Refined Sugar of 1A Grade:

Price for not less than half-ton lots for net cash—£73. 16. 11 per ton.

Refined Sugar of 1XD Grade:

Price to manufacturers for net cash—£72 per ton.

Other Grades of Sugar and Golden Syrup and Treacle:

These prices shall be fixed at amounts not exceeding the respective proportionate values of such products compared with the above prices for refined sugar of 1A and 1XD grades.”

(b) Sub-clause (2) of clause 5 is omitted and the following sub-clause is inserted in its stead:—

“(2) The prices for all the products specified in sub-clause (1) of this clause (except the prices to manufacturers) shall be subject to a discount of two and one-half per centum payable monthly to any person firm or corporation who or which in the opinion of the Queensland Sugar Board—

(i) provides reasonable credit facilities for retailers on a comprehensive range of groceries;

(ii) keeps reasonable stock of such groceries for resale to retailers; and

(iii) buys not less than 40 tons of 1A Grade Refined Sugar or its equivalent in value of all sugar products per calendar month.”


 

The Schedulecontinued.

(c) Clause 7 is amended—

(i) by omitting paragraph (b) of sub-clause (2) and inserting the following paragraph in its stead:—

“(b) the Committee shall, subject to paragraph (c) and (da) of this clause, and in such manner and subject to such other conditions as it thinks fit, pay to manufacturers who purchase and use Australian fresh fruit in such fruit products manufactured in the Commonwealth during the agreed period as the Committee approves a rebate of Two pounds four shillings (£2/4/-) per ton in respect of the Australian refined cane-sugar used by those manufacturers during the agreed period in those fruit products;”

(ii) by inserting the following new paragraph after paragraph (b) of sub-clause (2):—

“(c) the Committee may declare a reasonable price in respect of any fresh fruit, and the rebate referred to in paragraph (b) of this clause shall be paid to manufacturers who use in fruit products manufactured in the Commonwealth of Australia during the agreed period fresh fruit in respect of which a reasonable price has been so declared only if they pay for the fresh fruit so manufactured into fruit products not less than the price so declared;”

(iii) by calling the former paragraph (c) paragraph (da), placing it after paragraph (d) and substituting the word and letters “paragraphs (b) and (d) “for the word and letter “paragraph (b) “in paragraph (da); and

(iv) by substituting the letter and symbols “(da)” for the letter and symbols “(d)” in paragraph (e).

(d) Clause 8 is deleted and the following clause is inserted in its stead:—

“8. That the Queensland Government shall in respect of the Australian cane-sugar contents of processed milk and of such other manufactured goods (except completely processed fruit products referred to in paragraph (d) of sub-clause (2) of clause 7 of this Agreement) as are determined from time to time by the Minister for Trade and Customs on the recommendation of the Export Sugar Committee and exported from the Commonwealth of Australia during the remainder of the agreed period pay to the exporters a rebate of the amount of the excess (if any) of the Australian net home consumption price of such sugar contents over the Australian equivalent of the world’s sugar parity price of such sugar contents at the rates determined from time to time by the Export Sugar Committee in accordance with Clauses 13 to 17 (both inclusive) of this Agreement.

Provided that the Queensland Government shall not be liable to pay such rebate unless a claim therefor by the exporter is lodged with the Collector of Customs in the State of Export within six months after the date on which the manufactured goods have been exported.”

(e) Clause 16 is deleted and the following clause is inserted in its stead:—

“16.—(1) That the Australian equivalent of the world’s sugar parity price in respect of Australian refined cane-sugar contained in manufactured goods exported during the agreed period shall be the lower of—

(a) the lowest c.i.f. and e. cost in Australia (exclusive of Australian duties of Customs and other Australian taxes) of foreign raw sugar, semi-refined (i.e. mill-white) sugar, or refined sugar, as may be determined by the Committee, brought to terms of equality with the grade of the Australian refined cane-sugar contents of such manufactured goods; or

(b) the estimated cost, as may be determined by the Committee, of refined sugar in Australia based on the price of raw sugar f.o.b. mill port received for sales of surplus Australian raw sugar for export.


 

The Schedule—continued.

(2) That for the purposes of this clause—

(a) surplus sugar shall be deemed to be sugar additional to the 314,000 tons required to satisfy the guaranteed price portion of the Commonwealth Countries Sugar Agreement, or, if there is no additional sugar, the sugar required to fulfil that contract;

(b) the foreign sugar submitted for the purpose of price comparison would be reasonably obtainable in Australia under normal trading and shipping conditions, and allowance shall be made for deterioration of such sugar in transit; and

(c) if foreign raw sugar is taken for the purpose of comparison with Australian refined cane-sugar, the following items shall be added to the c.i.f. and e. cost of foreign raw sugar:—

(i) Australian refinery costs; and

(ii) refinery processing loss.”

(f) Clause 17 is omitted and the following clause is inserted in its stead:—

“17.—(1) That the Australian equivalent of the world’s sugar parity price in respect of Australian mill-white or raw cane sugar contained in manufactured goods exported during the agreed period shall be the lower of—

(a) the lowest c.i.f. and e. cost in Australia (exclusive of Australian duties of Customs and other Australian taxes) of foreign mill-white or raw sugar (as the case may be), as may be determined by the Committee, brought to terms of equality with the grade of the Australian mill-white or raw cane-sugar contents of such manufactured goods; or

(b) the estimated cost, as may be determined by the Committee, of mill-white or raw sugar in Australia based on the price of raw sugar f.o.b. mill port received for sales of surplus Australian raw sugar for export.

(2) That for the purpose of this clause—

(a) surplus Australian raw sugar shall be deemed to be sugar additional to the 314,000 tons required to satisfy the guaranteed price portion of the Commonwealth Countries Sugar Agreement, or, if there is no additional sugar, the sugar required to fulfil that contract; and

(b) the foreign sugar submitted for the purpose of price comparison would be reasonably obtainable in Australia under normal trading and shipping conditions, and allowance shall be made for deterioration of such sugar in transit.”

(2.)    The amendment effected by this clause is deemed to have come into operation on the thirteenth day of October, One thousand nine hundred and fifty-two.

In witness whereof the Prime Minister of the Commonwealth of Australia and the Premier of the State of Queensland have for and on behalf of their respective Governments set their hands the day and year first above-mentioned.

Signed by The Right Honourable Robert Gordon Menzies the Prime Minister of the Commonwealth of Australia for and on behalf of the Government of the said Commonwealth in the presence of—

ROBERT MENZIES

G. Yeend

Signed by The Honourable Vincent Clair Gair Premier of the State of Queensland for and on behalf of the Government of the said State in the presence of—

V. C. GAIR

C. J. McPherson