STATUTORY RULES.

1910. No. 16.

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, do hereby make the following Regulations under the Manufactures Encouragement Act 1908, to come into operation forthwith.

Dated this 11th day of February, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

R. W. BEST.

Minister of State for Trade and Customs.

IRON BOUNTY REGULATIONS.

Short Title.

1. These regulations may be cited as the Iron Bounty Regulations 1910.

Definitions.

2. In these regulations, unless the contrary intention appears—

“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 Act;

“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 Act;

“Financial year” means the period from the first day of July in any one year to the thirtieth day of June in the next succeeding year, both days inclusive; and

“The Act” means the Manufactures Encouragement Act 1908.

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 thirty 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.

(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.

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, and shall be dealt with as shown thereon:—

The Commonwealth of Australia.

Departmental Registration

Number.

Dr. to (a)

Financial year 19 State of

The Manufactures Encouragement Act 1908.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of (b) manufactured by me, at my factory, during the financial year ending 30th June,

19 . The particulars relating to the goods are as follow:—

Particulars.

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

(a) Insert name and full address.

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

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

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 .

I certify that this account is correct within the meaning of Section 34 of the Audit Act 1901.

Certifying Officer. Date, / /

Received on the 19 , from

Esquire, the sum of pounds

shillings pence, in full payment of the above account.

Witness to the payment

and signature  

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.

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 (d).

(d) 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.]”

(e) 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.

Order No. 1

I hereby authorize the amount of this account to be paid to my account at the   Bank of                                                                                                   at

Signature of Claimant.

Order No. 2.

I hereby direct that an Order authorizing the bearer thereof to receive the amount of this account be transmitted to me.

Signature of Claimant.

Address.

Directions

If the Claimant is unable to attend in person at the Department, he may obtain payment by signing one of the above Orders.

By filling up and signing Order No. 1 he may direct the amount to be paid to his credit at any bank in the Commonwealth.

By signing Order No. 2 he may obtain an Order Form by registered post which, when signed by him, may be collected by bearer. This Order will be paid by the Department if the signature thereon agrees with the signature of Claimant on this account.

The Claimant may, if he prefer, issue an order in the form of Order No. 3 of the Treasury Regulations.

Time within which Claim for Bounty is to be Made.

12. (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.

13. 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.

Use of Imported Scrap Iron or Steel.

14.(1) The use of scrap iron or steel (whether imported or not) in connection with the manufacture of steel from Australian pig iron shall not prejudice the claim for bounty in respect of the steel produced from the Australian pig iron.

(2) Where scrap iron or steel is used in connection with the manufacture of steel from Australian pig iron the quantity of steel produced from the Australian pig iron shall be ascertained in accordance with the following table, viz.:—

95 tons weight of steel shall be deemed to have been produced from every 100 tons weight of Australian pig iron manufactured into steel. This table shall apply in proportion for any greater or less quantity.

Form of Bond.

15. The bond required by section 9 of the Act, to be given by the person claiming any bounty in respect of pig iron, puddled bar iron, or steel, may be in accordance with the following form:—

Commonwealth of Australia.

The Manufactures Encouragement Act 1908.

Bond under Section 9.

Know all men by these presents that I (a)

of (b) in the State of (c) in the Commonwealth of Australia (d)

am held and firmly bound to the Commonwealth of Australia in the sum of (e)  to be paid to the King for the purposes of the said Commonwealth, for which payment I bind myself and my heirs executors administrators and assigns. Sealed with my seal. Dated the

 day of 19 .

Whereas I am a person claiming bounty under the Manufactures Encouragement Act 1908 in respect of (f) manufactured at (g)              in the State of (h)              and whereas by section 9 of the said Act every person claiming bounty in respect of pig iron puddled bar iron or steel is required to give his bond to the Commonwealth as in that section mentioned: Now the condition of the above-written bond is such that if I or my heirs executors administrators or assigns transfer to the State in which the goods the subject of my claim for bounty were manufactured all lands buildings premises machinery plant and equipment of any kind used in or in connection with the manufacture of the goods if so required by the Governor of the State within twelve months after the date of the expiry of the bounty with respect to the class of goods on which my claim for bounty is made, then this bond shall be void, but otherwise it shall

remain in full force and virtue. The transfer referred to in the condition to this bond is a transfer in consideration of fair compensation for the property transferred to be assessed in case of dispute by the President of the Commonwealth Court of Conciliation and Arbitration whose determination shall be final and conclusive and without appeal.

Repeal.

16. All regulations made under the Act, being Statutory Rules 1909, No. 15, and Statutory Rules 1909, No. 48, are hereby repealed, save as to anything lawfully done thereunder.

APPENDIX.

Note.—For the purpose of reference the Schedule to the Act and portion of section 5 thereof are 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.