STATUTORY RULES.

1928. No. 75.

REGULATIONS UNDER THE IRON AND STEEL PRODUCTS BOUNTY ACT 1922–1927.

I, THE DEPUTY OF 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 Iron and Steel Products Bounty Act 1922–1927, to come into operation forthwith.

Dated this twenty-sixth day of July, 1928.

Governor-General.

By His Excellency’s Command,

for Minister of State for Trade and Customs.

IRON AND STEEL PRODUCTS BOUNTY REGULATIONS.

Short Title

1. These Regulations may be cited as the Iron and Steel Products Bounty Regulations

Definitions.

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

“Authorized person” means a person appointed in writing by the Minister for Trade and Customs to be an authorized person for the purposes of these Regulations;

“Authorized agent” means a person appointed in accordance with regulation 3 to be an authorized agent for the purposes of these Regulations;

“Bounty” means bounty under the Act;

“Collector” means Collector of Customs for the State;

“Factory” means premises specified in any notice of intention to claim bounty or claim for bounty given or made under the Act;

“The Act” means the Iron and Steel Products Bounty Act 1922–1927, and includes that Act as amended from time to time.

Authorized agent.

3. (1) Any manufacturer may appoint an authorized agent to execute on his behalf any declaration, certificate or document required for the purposes of the Act or these Regulations.

1159.—Price 3d.

(2) The appointment of an authorized agent shall be in accordance with the following form:—

Commonwealth of Australia.

Iron and Steel Products Bounty Act 1922–1927.

Appointment of Authorized Agent.

(a) Here insert name, address and description of principal.

(b) Here insert name, address and description of agent.

I/We (a)        hereby nominate constitute and appoint (b)                                                                                                  to be my/our agent for the purposes of the Iron and Steel Products Bounty Act 1922-1927 and the Regulations thereunder and to sign on my/our behalf any declaration certificate or document required for the purposes of the said Act and the Regulations thereunder.

(c) Signature of principal.

Witness— (c)………………………….....

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

Date 19 .

(3) An authorized agent appointed in pursuance of these Regulations may execute on behalf of his principal any declaration, certificate or document required under the Act or these Regulations in relation to any claim for bounty by the principal and any declaration, certificate or document so executed shall be as effective as if executed by the principal.

Notice of intention to claim bounty.

4. (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.

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

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

Commonwealth of Australia.

The Iron and Steel Products Bounty Act 1922–1927.

Notice by manufacturer of intention to claim bounty.

State of

To the Collector of Customs.

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

(a) Here insert kind of goods.

I/We hereby give notice that I/we intend to claim bounty in respect of (a)  manufactured in and delivered from, or to be manufactured in and delivered from my/our factory                                                                                    , *and request that this be accepted as a continuing notice.*

My/Our factory is situated at

(b) Insert name of manufacturer.

.............................Signature of Manufacturer.

or (b).........................

per.......................Authorized Agent.

Date 19

* Note.—Words between asterisks may be omitted if desired.

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 on fencing wire, galvanized sheets or wire netting unless the quantities specified in the following table have been manufactured in, and delivered from, the factory after 14th September, 1922, 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 or premises where there are manufactured or stored any goods in respect of which notice of intention to claim bounty has been given, and may inspect the process of manufacture of those goods and the accounts books and documents of the manufacturer for the purposes of examination and audit and of ascertaining and reporting on the cost of production and manufacture of the goods.

Inspection of process of manufacture, &c.

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 inspect effectively the process of manufacture of the goods;

(c) keep books and accounts showing clearly the cost of production and manufacture and selling price of all goods upon which bounty is intended to be claimed, the capital employed in the business and the net profits derived therefrom during each financial year;

(d) produce such books and accounts and the documents relating to entries therein for examination and audit by any authorized person when required by him so to do; and

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

Form of claim for bounty.

10. The claim for bounty shall be in accordance with the following form, and shall be dealt with as shown thereon:—

Commonwealth of Australia.

Iron and Steel Products Bounty Act 1922–1927.

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

(a) Insert name and full address.

(b) Here insert name of goods.

(c) Here insert date of completion of manufacture of the goods in respect of which claim is made.

Dr. to (a)

Financial year 19     State of    Pursuant to notice of intention to claim, I/we hereby claim bounty in respect of (b)                            manufactured by me/us at, and delivered from, my/our factory after the fourteenth day of September, 1922, and up to the (c)

The particulars relating to the goods are as follows:—

Particulars.

Total pounds

shillings pence

£

(d) Insert name of manufacturer.

................................Signature of Manufacturer

or (d).................................

per...................................Authorized Agent.

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 Iron and Steel Products Bounty Act 1922–1927, and that the claimant is entitled to bounty on the goods specified in the claim.

Officer of Customs.

Date, 19 ,

I certify that this account is correct within the meaning of section 34 of the Audit Act 1901–1926.

Certifying Officer. Date, / /

Received on the    19 , from

the sum of          pounds

shillings     pence, in full payment of the above account.

Witness to the payment and signature

Cheque No..........

Declaration to re Indorsed on Claim for Bounty.

I,   of       , do hereby declare as follows: —

(e) Insert “Manufacturer” or “Authorized Agent of the Manufacturer” whichever applies.

1. I am the (e) of the goods specified in this claim for bounty.

2. The goods were manufactured at, and delivered from, 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—

(a) were made from—

(i) materials wholly produced or manufactured in Australia; or

(ii) Australian materials and/or imported materials used in accordance with the provisions of section 4 or 4a of the Act; and

(b) 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 the right to bounty in respect of the goods has been forfeited or taken away.

7. No other claim for bounty has been made nor has any bounty been paid in respect of the goods specified in this claim for bounty.

8. The particulars set out hereunder as to persons employed in the said factory in the production of the goods, the hours worked by and the rates of wages paid to them, &c., are true and correct.

(f) If no rates have been declared by the President under Section 10 (1) of the Act, to be fair and reasonable, strike out all the words from “rates” (second occurring) to “reasonable” and insert “standard rates and conditions of employment prescribed by the Commonwealth Court of Conciliation and Arbitration.”

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

9. The said rates and the conditions of employment are in no case below the rates and conditions declared by the Commonwealth Court of Conciliation and Arbitration, under section 10 (1) of the Act, to be fair and reasonable. (f).

Signature of Manufacturer

or Authorized Agent.

Declared before me at   this    day of  19

Officer of Customs or J.P.

Time within which claim for bounty is to be made.

11. Claim for bounty on goods manufactured in and delivered from a factory shall be made within thirty days after completion of manufacture and delivery, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

Action where amount of bounty available insufficient.

12. If at any time during any financial year the Minister considers that the amount available for bounty for that year as determined by the Act may be insufficient to pay in full all valid claims for bounty expected to be received during that year, the Minister may approve of progress payments being made on each claim at such proportion of the full rate of bounty as he determines:

Provided that—

(a) the rate of bounty at which the progress payment shall be made in any such year in respect of any description of goods, shall be the same to each applicant for bounty on that description of goods;

(b) additional payments shall subsequently be made in the manner prescribed in the last preceding paragraph to each applicant in respect of all short paid claims for any such year to the extent, if any, of the amount of bounty available for that year, together with any unpaid balance or any part thereof, remaining available from any previous financial year; and

(c) the respective total rates of bounty paid in any such year in pursuance of paragraphs (a) and (b) of this regulation on the various descriptions of goods subject to bounty shall each be at the same percentage of the full rates of bounty as prescribed by the Act.

Determination of capital employed in business.

13. (1) In relation to any claim for bounty under the Act the Minister may determine the respective amounts which shall for the purposes of the Act be deemed to be the capital employed in respect of the business in connexion with which bounty is payable and the net profits arising therefrom in any financial year.

(2) Every such determination shall be final and conclusive and without appeal.

Repeal.

14. The Iron and Steel Products Bounty Regulations 1922 (Statutory Rules 1923, No. 13) are repealed.

By Authority: H. J. Green, Government Printer, Canberra.