STATUTORY RULES.

1931. No. 149.

 

REGULATIONS UNDER THE WHEAT BOUNTY ACT 1931.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wheat Bounty Act 1931, to come into operation forthwith.

Dated the twenty sixth day of November, 1931.

(Sgd) ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

(Sgd) Parker Moloney

Minister of State for Markets.

 

Wheat Bounty Regulations.

Short title.

1. These Regulations may be cited as the Wheat Bounty Regulations.

Definitions.

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

“officer” means an officer of the Department of Markets and includes any person declared in writing by the Minister to be an officer for the purpose of these Regulations;

“the bounty” means bounty payable under the Wheat Bounty Act 1931;

“the Schedule” means the Schedule to these Regulations; and

“the 1931–32 season” means the period commencing on the first day of October One thousand nine hundred and thirty-one and ending on the thirty-first day of March One thousand nine hundred and thirty-two.

Claims for bounty to be in prescribed form.

3. (1) Claims for bounty shall be in accordance with Form a in the Schedule, shall be signed by the claimant, and shall contain the following particulars:—

(a) the delivery station or delivery point nearest to the farm on which the wheat was produced;

(b) the quantity of wheat harvested by the claimant prior to the first day of October, One thousand nine hundred and thirty-one, and not disposed of by him prior to that date, the place of storage of such wheat and the quantity of such wheat which is not disposed of at the date of the claim;

(c) the total quantity of wheat harvested by him during the 1931–32 season, or, if harvesting has not been completed, the estimated quantity which will be harvested by him during that season;

(d) the quantity of wheat in respect of which bounty has previously been claimed;

(e) the quantity of wheat retained, or to be retained, by him for seed and feed purposes;

3612—Price 3d.


(f) the quantity of wheat to which the claim refers;

(g) the amount of bounty claimed; and

(h) the name and address of the buyer or receiver of the wheat,

and shall forward the claim to the Officer-in-Charge, Department of Markets, in the State in which the buyer or receiver of the wheat is located.

(2) Where the claimant is a share-farmer he shall state in the claim the nature and extent of his interest in the wheat, and the name and address of the other party or parties to the share-farming agreement.

Claims to be supported by declarations.

4. (1) All claims for bounty shall be supported by—

(a) a declaration, in accordance with the form contained in Form A in the Schedule, made by the claimant before a Commissioner for Declarations, a Justice of the Peace, a Bank Manager, Postmaster (or officer in charge of Post Office), Station Master (or other railway official in charge of Station or Siding), or a Constable or Officer of Police; and

(b) a certificate, in accordance with the form contained in Form A in the Schedule, signed by the buyer or receiver of the wheat, or any authorized person in the employ of such buyer or receiver, or, in the case of wheat delivered direct by the grower to a Government instrumentality, by the Officer-in-Charge of that instrumentality.

(2) The buyer or receiver of the wheat may in accordance with Form B in the Schedule authorize any person who is employed at the head office of such buyer or receiver to sign the certificate referred to in paragraph (b) of the last preceding sub-regulation and any certificate signed by such person shall be deemed for all purposes to be of the same effect as if signed by the buyer or receiver, as the case may be.

(3) A copy of every such authority referred to in the last preceding sub-regulation shall be forwarded to the Officer-in-Charge, Department of Markets, in the State in which the buyer or receiver is located.

Treasurer to arrange for account to be opened at Commonwealth Bank.

5. (1) For the purposes of the payment of bounty, the Treasurer shall arrange for an account to be opened at the Commonwealth Bank of Australia, and for the account to be operated on by cheques drawn in such manner as the Treasurer directs and notifies to the Bank.

(2) The Treasurer may indemnify the Bank against loss arising in connexion with any payment which may be made by the Bank from the account so opened, where the payment is made on the authority of a cheque drawn in the manner directed by the Treasurer, as notified by him to the Bank, and the loss is not due to negligence or fraud on the part of any officer or servant of the Bank.

Payment of bounty.

6. Payments of bounty shall be made by cheques drawn on the account opened in pursuance of regulation 5 of these Regulations.


Form A Regulation 3.

THE SCHEDULE.

FORM OF CLAIM FOR BOUNTY.

Commonwealth of Australia.

Wheat Bounty Act 1931.

State of........................

To the Officer-in-Charge,

Department of Markets,

(Insert address of officer in the Capital City of the State concerned.)

I,...........................................(Christian names in full)

...........................(Surname in block letters) of ...........................

..............(Postal address) hereby claim bounty in respect of .................. (number)

bushels of wheat of the 1931–32 season being (a)*...................bushels sold (b)*..........

bushels pooled (c)*.bushels delivered for sale (d)*..........................bushels delivered for storage pending sale on or after the 1st October, 1931, and on or before the 31st October, 1932, to

..............of.................(Name and address of buyer or receiver).

*Insert “nil” where necessary.

Particulars relating to wheat produced by me are as follows:—

Delivery station or delivery point nearest to farm on which wheat has been produced.

Wheat harvested prior to 1st October, 1931. (Old season’s wheat.) †

Total quantity of wheat harvested during the 1931–32 season. ‡

Quantity of wheat on which bounty has already been claimed.

Quantity retained, or to be retained, for seed and feed purposes. †

Quantity of wheat to which this claim refers.

Amount of bounty claimed (at 4½ d. per bushel).

 

Not disposed of at 1st October, 1931   bushels

Where stored

........

Not disposed of at date of claim   bushels

bushels

bushels

bushels

bushels

£

s

d.

†Bounty is not payable in respect of this wheat.

‡If harvesting not completed, state “Harvesting not completed. Estimated quantity ....................... bushels”.

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

Signature of claimant.

Date of claim……./………/…….

Declaration by Claimant.

I hereby declare as follows:—

1. § I am the actual grower of the wheat specified in the above claim.

[or]

§ I am entitled to the proceeds of the wheat specified in the above claim under a share-farming agreement existing between myself and                of                (Full name and address of person or persons with

whom share agreement exists). The said agreement entitles me to   per cent. of the wheat produced on the farm referred to in the application.

2. The whole of the wheat on which bounty is claimed is wheat harvested during the period between the 1st October, 1931, and the 31st March, 1932.

3. No bounty has been previously claimed by me or paid to me in respect of any of the wheat specified in this claim.

4. The particulars set out in the claim are true and correct in every particular.

Dated this...................day of.............193 .

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

Signature or witnessed mark of Claimant.

Before me......................

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

§ Strike out whichever is inapplicable.

¶ State address of person taking declaration and whether a Commissioner for Declarations, Justice of the Peace, Bank Manager, Postmaster (or Officer in Charge of Post Office), Station Master (or other railway official in charge of station or siding) or Constable or Officer of Police.


Form of Claim for Bounty—continued.

Certificate of Buyer or Receiver of the Wheat.

I certify that the quantity of wheat referred to in this claim, viz.,.........bushels, has been—

(a) sold,§

(b) pooled,§

(c) delivered for sale,§

(d) delivered for storage pending sale,§

by the claimant to.................of......................**

And I further certify that the sale, pooling or delivery was bona fide and that it is not intended to re-sell or re-deliver any of such wheat to the claimant.

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

Signature of

buyer or receiver of the wheat.§

[or]

person authorized by the buyer or receiver.§

Date.../..../....

Officer’s Certificate.

I certify that, to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in this claim for bounty are true and correct for the purposes of the Wheat Bounty Act 1931, and that the claimant is entitled to bounty on the wheat specified in the claim.

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

Officer.

Date..../..../....

§Strike out whichever is inapplicable.

**Here insert full name and address of person, firm or company, &c., concerned.

Certifying Officer’s Certificate.

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

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

Certifying Officer.

Date.../..../....

Note.—Bounty under the Act is payable on wheat of the 1931–32 season which has, on or after the 1st October, 1931, been sold or delivered for sale, or which is sold or delivered for sale on or before the 31st October, 1932. (For the purposes of the Act, “delivered for sale” includes wheat delivered by a grower to a flour-miller, wheat merchant, Government instrumentality (such as New South Wales Government Grain Elevators), or wheat pool, for storage pending sale.)

Penalty.—The penalty under the Act for (a) obtaining bounty which is not payable, (b) obtaining payment of bounty by means of any false or misleading statement, or (c) presenting any document or making any statement which is false in any particular, is £500 or imprisonment for two years.

Cheque No.

 

Form B Regulation 4.

Commonwealth of Australia.

Wheat Bounty Act 1931.

APPOINTMENT OF AUTHORIZED PERSON.

I/we*.......................hereby authorize †......................, who is

employed at my/our head office situated at...................to sign on my/our behalf the certificate referred to in paragraph (b) of sub-regulation (1) of regulation 4 of the Wheat Bounty Regulations.

Dated this...................day of.............,193 .

§.......................................

Witness...............................

Signature of authorized person.........................

Witness...................

(*) Here insert name, address and description of buyer, &c.

(†) Here insert name, address and description of authorized person.

(§) Signature of buyer, &c.

 

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