Agricultural Produce (Cereals) Act, 1933

Minimum and maximum amounts of wheat in respect of which wheat bounty may be paid.

72.—(1) Subject to the provisions of this section, the Minister may from time to time by order declare that, where in any specified cereal year a person disposes of home-grown millable wheat which is less in amount than the minimum amount fixed in relation to such year by such order, no wheat bounty shall be payable in respect of any of such wheat, and whenever any order is made under this sub-section in relation to a cereal year and is in force, the following provisions shall have effect, that is to say, where a person in such cereal year disposes of home-grown millable wheat which is less in amount than the minimum amount fixed by such order, no wheat bounty shall be paid in respect of any of such wheat.

(2) Subject to the provisions of this section, the Minister may from time to time by order declare that, where in any specified cereal year a person disposes of home-grown millable wheat which exceeds in amount the maximum amount fixed by such order in relation to such year, wheat bounty shall be payable only in respect of so much of such wheat as does not exceed the said maximum amount, and whenever any order is made under this sub-section in relation to a cereal year and is in force, the following· provisions shall have effect, that is to say:—

(a) where a person in such cereal year disposes of home-grown millable wheat (in this sub-section referred to as the year's crop) which exceeds in quantity the maximum amount (in this sub-section referred to as the maximum) fixed by such order, wheat bounty, if payable to such person, shall be paid only on so much of the year's crop as does not exceed the maximum;

(b) where the year's crop is disposed of in two sale (wheat) seasons of such cereal year, the following provisions shall have effect in relation to the amount of the year's crop upon which wheat bounty, if payable to such person, is to be paid and the rate or rates thereof, that is to say:—

(i) if the amount of the year's crop disposed of in the earlier sale (wheat) season of such cereal year exceeds the maximum, wheat bounty, at the rate appropriate to such sale (wheat) season, shall be paid only on so much thereof as does not exceed the maximum, and no wheat bounty shall be paid on the remainder of the year's crop,

(ii) if the amount of the year's crop disposed of in such earlier sale (wheat) season equals the maximum, wheat bounty, at the rate appropriate to such season, shall be paid only on that amount, and no wheat bounty shall be paid on the remainder of the year's crop,

(iii) if the amount of the year's crop disposed of in such earlier sale (wheat) season is less than the maximum, wheat bounty, at the rate appropriate to such sale (wheat) season, shall be paid on that amount, and wheat bounty, at the rate appropriate to the other sale (wheat) season of such cereal year, shall be paid only on so much of the year's crop disposed of in such other sale (wheat) season as, with the amount of the year's crop disposed of in such earlier sale (wheat) season, does not exceed the maximum;

(c) where the year's crop is disposed of in the three sale (wheat) seasons of such cereal year, the following provisions shall have effect in relation to the amount of the year's crop upon which wheat bounty, if payable to such person, is to be paid, and the rate or rates thereof, that is to say:—

(i) if the amount of the year's crop disposed of in the first sale (wheat) season of such cereal year exceeds the maximum, wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid only on so much thereof as does not exceed the maximum, and no wheat bounty shall be paid on the remainder of the year's crop,

(ii) if the amount of the year's crop disposed of in such first sale (wheat) season equals the maximum, wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid on that amount, and no wheat bounty shall be paid on the remainder of the year's crop,

(iii) if the amount of the year's crop disposed of in such first sale (wheat) season does not exceed the maximum, the following provisions shall have effect, that is to say:—

I. wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid on that amount, and

II. wheat bounty, at the rate appropriate to the second sale (wheat) season of such cereal year, shall be paid on so much of the year's crop disposed of in such second sale (wheat) season as, with the part of the year's crop disposed of in such first sale (wheat) season, does not exceed the maximum,

III. in case the amount of the year's crop disposed of in such first and second sale (wheat) seasons upon which bounty is payable under the preceding provisions of this sub-paragraph equals or exceeds the maximum, no wheat bounty shall be paid on the remainder of the year's crop,

IV. in case the amount of the year's crop disposed of in such first and second sale (wheat) seasons is less than the maximum, wheat bounty, at the rate appropriate to the third sale (wheat) season of such cereal year, shall be paid on so much of the year's crop disposed of in such third sale (wheat) season as, with the amounts disposed of in such first and second sale (wheat) seasons does not exceed the maximum.

(3) Nothing in this section shall be construed as preventing orders in relation to the same cereal year being made under both sub-sections (1) and (2) of this section.

(4) Every order made under this section in relation to a cereal year shall be made not later than one year before the commencement of such cereal year.

(5) In this section the expression “disposes of” shall be construed as equivalent to the expression “sells or mills into flour” and the expression “disposed of” shall be construed accordingly.

(6) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.