Statutory Rules

1979 No. 159

REGULATIONS UNDER THE BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 19781

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Bounty (Metal-working Machine Tools) Act 1978.

Dated this seventh day of August 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

WAL. FIFE

Minister of State for Business and Consumer Affairs

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BOUNTY (METAL-WORKING MACHINE TOOLS)

REGULATIONS

Citation

1. These Regulations may be cited as the Bounty (Metal-working

Machine Tools) Regulations.

Interpretation

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

"appropriate officer", in relation to the manufacturer of a bountiable machine tool or his authorized agent, means—

(a) where the registered premises at which the machine tool was manufactured are situated in a State—the Collector for that State;

(b) where those registered premises are situated in the Northern Territory of Australia—the Collector for that Territory; or

"authorized agent" means a person appointed under regulation 6 to be an authorized agent;

"the Act " means the Bounty (Metal-working Machine Tools) Act 1978.

Conditions of manufacture

3. The conditions to be complied with, for the purposes of the Act, in connection with the manufacture at registered premises of a specified class of machine tools are—

(a) that machine tools manufactured at the registered premises, being machine tools included in that class of machine tools, shall be numbered consecutively;

(b) that the number allotted to a machine tool included in that class of machine tools shall be affixed to the machine tool—

(i) by being stamped by means of a die on the machine tool; or

(ii) by being stamped by means of a die on a metal plate that shall be securely rivetted, bolted or screwed to the machine tool; and

(c) that, after the number allotted to a machine tool included in that class of machine tools has been so affixed to the machine tool—

(i) the number so affixed shall not be erased or altered; and

(ii) if the number is affixed by being stamped on a metal plate that is rivetted, bolted or screwed to the machine tool—that plate shall not be removed from the machine tool,

before the machine tool is sold, or otherwise disposed of, by the manufacturer.

Application for bounty

4. (1) An application for bounty in respect of a bountiable machine tool—

(a) shall be in writing;

(b) shall be signed by, or on behalf of, the manufacturer of the tool in the presence of a witness;

(c) shall state the name and address of the witness and contain a declaration signed by the witness stating that the application was signed in the presence of the witness; and

(d) shall be delivered to the appropriate officer—

(i) if the machine tool was used, or sold by the manufacturer for use, in Australia before the date of commencement of these Regulations—within a period of 3 months after that date; or

(ii) in any other case—within a period of 3 months after the date on which the machine tool was sold by the manufacturer for use in Australia, or, where the machine tool was not so sold by the manufacturer, the date on which the machine tool was first used in Australia,

or, where the appropriate officer has, in relation to the machine tool, consented to an extension of the period within which an application for bounty may be delivered to him, within a period of 12 months after the date specified in subparagraph (i) or whichever of the dates specified in subparagraph (ii) is applicable, as the case may be.

(2) The appropriate officer shall not give, for the purposes of paragraph (1) (d), his consent to an extension of the period within which an application for bounty in respect of a machine tool may be delivered to him unless—

(a) a request in writing for an extension of that period has (whether before or after the expiration of that period) been made by or on behalf of the manufacturer of the machine tool; and

(b) the appropriate officer is satisfied that, for reasons outside the control of the manufacturer of the machine tool, the application could not, or cannot, reasonably be expected to have been made, or to be made, within the period specified in sub-paragraph (1) (d) (i) or (ii), as the case may be.

Information to be supplied in connection with an application for bounty

5. In connection with an application for bounty in respect of a bountiable machine tool, the applicant shall furnish the following particulars:

(a) the name and address of the manufacturer of the machine tool;

(b) the address of the premises at which the machine tool was manufactured;

(c) the class or classes of machine tools in respect of which the premises referred to in paragraph (b) were, at the time at which the machine tool was manufactured, registered for the purposes of the Act;

(d) such particulars of, or related to, the machine tool as are necessary to determine the specified class of machine tools in which the machine tool is included;

(e) the date on which the manufacture of the machine tool was commenced;

(f) the date on which the manufacture of the machine tool was completed;

(g) in the case of a machine tool the manufacture of which was not wholly carried out during the period to which the Act applies, whether the machine tool was manufactured in pursuance of a firm order and, if the machine tool was so manufactured, the date on which the firm order for the machine tool was placed;

(h) the number allotted to the machine under regulation 3;

(j) whether the machine tool was used by the manufacturer in Australia or sold by the manufacturer for use in Australia and—

(i) where the machine tool was used by the manufacturer in Australia—the date on which the machine tool was first so used; or

(ii) where the machine tool was sold by the manufacturer for use in Australia—the date of the sale and the name and address of the purchaser of the machine tool;

(k) the cost incurred by the manufacturer in respect of the materials and parts forming part of the machine tool, specifying separately the cost incurred in respect of—

(i) materials or parts imported into Australia by the manufacturer;

(ii) materials or parts imported into Australia by a person other than the manufacturer and purchased in Australia by the manufacturer; and

(iii) materials or parts manufactured in Australia;

(l) the name and address of each supplier from whom materials or parts referred to in sub-paragraph (k) (ii) or (iii) were purchased;

(m) the cost incurred by the manufacturer in respect of remuneration paid or payable to employees for work directly related to the manufacture of the machine tool;

(n) such amount in respect of factory overhead charges other than general administration costs, selling costs, service charges and taxes as, in accordance with recognized accounting practices, is attributable to the manufacture of the machine tool;

(o) whether the manufacturer of the machine tool has incurred any cost in respect of design work carried out in Australia in relation to the machine tool and, if any cost has been so incurred, particulars of any such cost, being particulars of each kind referred to in sub-section 4 (4) of the Act;

(p) the total cost incurred by the manufacturer in respect of the manufacture of the machine tool;

(q) whether a previous application for bounty has been made in respect of the machine tool and, if such an application had been made, the date of that application, and the reason for making the application that is now being made;

(r) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the machine tool and, if any payment has been so made, the date on which the payment was made and the amount paid by way of bounty or advance on account of bounty, as the case may be.

Authorized agents

6. (1) A manufacturer of bountiable machine tools may, by instrument in writing, appoint a person, being a person who has attained the age of 18 years, to be his authorized agent for the purpose of signing on his behalf any document that the manufacturer may be required to sign by, or for the purposes of, the Act or these Regulations.

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and shall be delivered to the appropriate officer.

(3) A manufacturer who, in pursuance of sub-regulation (1), has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to the appropriate officer.

Execution of documents by a company

7. Where the manufacturer of a machine tool is required by, or for the purposes of, the Act or these Regulations to sign a document and the manufacturer is a company, the document may be signed on behalf of the company by a director or the secretary of the company.

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SCHEDULE Regulation 6

COMMONWEALTH OF AUSTRALIA

Bounty (Metal-working Machine Tools) Regulations

APPOINTMENT OF AUTHORIZED AGENT

(Insert title of appropriate officer)

(Full name and address)

hereby appoint

(Full name and address of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf any document that I may be required to sign by, or for the purposes of, the Bounty (Metal-working Machine Tools) Act 1978 or the Bounty (Metal-working Machine Tools) Regulations.

Dated at

This day of 19 .

(Signature of manufacturer, or, where the manufacturer is a company, signature of a director or the secretary of the company and his designation)

Dated at

This day of 19 .

(Signature of authorized agent)

NOTE

1. Notified in the Commonwealth of Australia Gazette on 14 August 1979.