STATUTORY RULES.

1909. No. 15.

REGULATIONS UNDER THE MANUFACTURES ENCOURAGEMENT ACT 1908.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Manufactures Encouragement Act 1908 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 27th day of January, One thousand nine hundred and nine.

DUDLEY,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR.

IRON BOUNTY REGULATIONS.

Short Title.

1. These regulations may be cited as the Iron Bounty Regulations 1909.

Definitions.

2. In these regulations, except where otherwise clearly intended—

“Authorized person” means a person appointed in writing by the Collector to be an authorized person for the purposes of these regulations.

“Bounty” means bounty under the Manufactures Encouragement Act 1908.

“Collector” means the Collector of Customs for the State.

‘‘Factory’’ means the premises specified in any notice of intention to claim bounty or claim for bounty given or made under the Manufactures Encouragement Act 1908.

‘‘Financial year’’ means the period from the first day of July in any one year until the thirtieth day of June in the next succeeding year, both days inclusive.

“The Act” means the Manufactures Encouragement Act 1908.

C.15828—Price 3d.

Notice of Intention to Claim Bounty.

3—(1). Notice of intention to claim bounty upon any of the goods specified in the Schedule to the Act shall be given to the Collector by the manufacturer at least 30 days before the claim for bounty is made.

(2) If so requested by a manufacturer the Collector may accept a notice of intention to claim bounty as a continuing notice.

Form of Notice.

4. The notice of intention to claim bounty shall be in accordance with the following form:—

Commonwealth of Australia.

The Manufactures Encouragement Act 1908.

Notice by manufacturer of intention to claim bounty.

State of

To the Collector of Customs

............................

I hereby give notice that I intend to claim bounty in respect of (a)                                to be manufactured in my factory, and (b) request that this be accepted as a continuing notice.

My factory is situate at

Signature of Manufacturer.

Address

Witness

Date 19

This form when filled in to be forwarded to the State Collector of Customs.

(a) Here insert kind of goods, following the full wording of the Schedule to the Act and if part of the goods has already been manufactured add “manufactured and”.

(b). The words from “and” to “notice” to be struck out if it is desired to claim bounty upon one lot of goods only.

Goods to be Made after Notice Given.

5. A manufacturer shall only be entitled to claim bounty in respect of goods manufactured at the factory, specified in the notice of intention to claim bounty, after the date of the receipt of the notice by the Collector:

Provided that a manufacturer shall be entitled to claim bounty in respect of goods so manufactured at any time after the first day of January, 1909, if his notice of intention to claim the bounty is received by the Collector before the first day of April, 1909, or within such further time as the Minister may in any particular case for special reasons allow.

Transferee of Factory may Claim Bounty without Fresh Notice.

6—(1). Where a manufacturer has given a continuing notice of intention to claim bounty in respect of goods manufactured at a factory, and the factory has subsequently become transferred to some other person, the transferee may claim bounty in respect of goods manufactured by him at the factory without a fresh notice of intention to claim bounty being necessary on his part.

(2). A factory shall be deemed to, have become transferred where it has passed from one person to another person by act of parties or by operation of law.

Minimum Quantities.

7. A manufacturer shall not be entitled to claim bounty unless the quantities specified in the following Table have been produced in

the factory after the commencement of the Act, and before the claim for bounty is made:—

Table of Minimum Quantities to enable Claim for Bounty to be made.

Powers of Authorized Person.

8. Any authorized person may, at all reasonable times, enter upon any factory where any goods in respect of which notice of intention to claim bounty has been given are manufactured, and may inspect the process of manufacture of those goods and any books of the manufacturer for the purpose of ascertaining and reporting on the cost of production and manufacture of the goods.

Inspection of Process of Manufacture, etc.

9. Where notice of intention to claim bounty has been given in accordance with these regulations, the manufacturer giving the notice shall—

(a) allow any authorized person to have access at all reasonable times to the factory named in the notice, for the purpose of inspecting the process of manufacture of the goods;

(b) provide, when requested by an authorized person so to do, all reasonable facilities and assistance necessary to enable the authorized person to effectively inspect the process of manufacture of the goods;

(c) keep books showing clearly the cost of production and manufacture of all goods upon which bounty is intended to be claimed;

(d) produce such books for the inspection of any authorized person when required by him so to do; and

(e) supply such samples of the goods as the Collector requires.

Separate Claims in Respect of Different Kinds of Goods.

10. A separate claim for bounty must be rendered in respect of each kind of goods upon which bounty is claimed.

Form of Claim for Bounty.

11. The claim for bounty shall be in accordance with the following form:—

This form when filled in to be forwarded to the State Collector.

Commonwealth of Australia.

The Manufactures Encouragement Act 1908.

Claim for Bounty.

State of

To the Collector of Customs

................................

(a) Here insert kind of goods, following the full wording of the Schedule to the Act.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of (a)  manufactured by me, at my factory, during the financial year ending 30th June, 19              . The particulars relating to the goods are as follow:—

Particulars.

(b) Where the bounty is not ad valorem this column need not be filled up.

Manufacturer.

Witness

Address.

Date

Form of Declaration.

12. A declaration in accordance with the following form shall be indorsed upon the form of Claim for Bounty and shall be signed by the claimant in the presence of an Officer of Customs or of a Justice of the Peace.

Declaration to be Indorsed on Claim for Bounty.

I,   of  , do hereby declare as follows:—

1. I am the manufacturer of the goods specified in this claim for bounty.

2. The goods were manufactured by me at the factory mentioned in the notice of intention to claim bounty given by                                                                                                                .

3. The description of the goods, and the particulars relating thereto, set out in this claim for bounty, are true and correct in every respect.

4. The whole of the goods specified in this claim for bounty are of good and merchantable quality.

5. None of the goods specified in this claim for bounty have been manufactured or supplied, or are intended to be supplied, under a contract containing a term or condition permitting or providing for the deduction of the amount of the bounty or any part thereof from the price or moneys payable for the goods to the manufacturers.

6. Nothing on my part has been done or omitted to be done, and to the best of my knowledge and belief nothing on the part of any other person has been done or omitted to be done, whereby my right to bounty in respect of the goods has been forfeited or taken away.

7. No other claim for bounty has been made in respect of the goods specified in this claim for bounty.

(b) If the wages in the industry have been determined by a Commonwealth or State industrial authority add after the word “industry” the words “as determined by the [here insert name of Court or statutory body].”

8. The rates of wages paid by me to employees, employed in my factory in the production of the goods, are as shown hereunder, and such rates are in no case below the standard rate of wages paid in this locality for similar labour engaged in the industry (5).

(c) Where there are several employees of one class receiving the same rate of wages it will suffice to insert the number.

Signature of Manufacturer.

Declared before me at   this  day of  19

Officer of Customs or J.P.

Form of Officer’s Certificate.

13. There shall also be indorsed upon the Claim for Bounty a certificate by an Officer of Customs, in accordance with the following form:—

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above claim for Bounty are true and correct for the purposes of the Manufactures Encouragement Act 1908, and that the claimant is entitled to bounty on the goods specified in the claim.

Officer of Customs.

19 .

Time within which Claim for Bounty is to be Made.

14—(1). The claim for bounty shall be made within thirty days after completion of manufacture, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

(2). In order to allow of a claim for bounty being considered in relation to the funds available for payment of the bounty in the financial year in which it is made, it should be lodged with the Collector before the first day of May in that financial year.

(3). Claims received in a financial year after the first day of May shall, unless the Minister otherwise directs, be considered in relation to the funds available for the payment of bounty in the next financial year.

Proof of Value of Goods.

15. Where the rate of bounty is fixed on the value of the goods, the Collector may require proof, in addition to the declaration indorsed on the claim, that the goods in respect of which bounty is claimed are not valued at a higher rate than that of imported goods of the like kind and quality as ascertained for the purposes of Customs duties.

APPENDIX.

Note.—For the purpose of reference the Schedule to the Act is hereto appended.

Schedule to the Manufactures Encouragement Act 1908.

Sub-section (2) of section 5 of the Act provides that “The maximum amount of bounty which may be paid in any one financial year in respect of goods specified in Class 1 in the Schedule shall not exceed Thirty thousand pounds.”

“Provided that, where the maximum amount has not been so paid in any year, the unpaid balance, or any part thereof, may be paid in any subsequent year, in addition to the maximum amount for that year.”

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.