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Sugar Bounty Regulations

SR 1908 No. 53 Regulations as made
Principal Regulations; Cancels the Sugar Bounty Regulations (SR 1906 No. 121).
Date of repeal 26 Jul 1913
Repealed by Repeal of the enabling legislation by Sugar Bounty Abolition Act 1912

STATUTORY RULES.

1908. No. 53.

 

REGULATIONS UNDER THE SUGAR BOUNTY ACT 1905.

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 Sugar Bounty Act 1905 to come into operation forthwith.

Statutory Rules 1906, No. 21, being Provisional Regulations under the Sugar Bounty Act 1905, which came into operation on 1st January, 1907, are hereby cancelled.

Dated this 2nd day of May, One thousand nine hundred and eight.

NORTHCOTE.

Governor-General.

By His Excellency’s Command,

AUSTIN CHAPMAN.

 

SUGAR BOUNTY REGULATIONS.

Short Title.

1. These regulations may be cited as the Sugar Bounty Regulations.

Definitions.

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

“Bounty” means bounty under the Sugar Bounty Act 1905.

‘‘Cane” means sugar cane.

“Grower” means a producer of sugar cane.

“The Act” means the Sugar Bounty Act 1905.

The expression “White labour” in these regulations is used to the exclusion of all forms of coloured labour, but subject to the provisions of Sections 10 and 12 of the Act.

Conditions of Claim for Bounty.

3. To sustain a claim for bounty in respect of white-grown cane, the following conditions must have been complied with:—

(1) Notice of intention to claim must have been given to the Collector of Customs for the State—

(a) In accordance with the provisions of the Sugar Bounty Act 1903 and regulations thereunder; or,


(b) Within two months after the commencement of these regulations, or twelve months before the delivery of the cane for manufacture: Provided that the Minister may waive this condition in the case of cane cut before the 1st March, 1907.

(2) The cane must have been delivered for manufacture at a factory in the district in which it was produced, unless otherwise allowed by the Minister.

(3) The claim for bounty must have been made not later than one month after the date of delivery of the cane for manufacture.

4. In order to obtain the benefit of the proviso to section 5 of the Act, notice of the employment of coloured labour, and of the circumstances which made it unavoidable, with full report of all particulars, must have been given by the grower within ten days thereafter to the Collector of Customs or Sub-Collector at the nearest port.

5. Cane may be considered white-grown cane notwithstanding that, after it has been cut and delivered for transport to the factory, coloured labour has been employed, by some person other than the grower, in connexion with its transport to the factory.

Notice of Intention to Claim Bounty.

6. The notice of intention to claim bounty shall be according to the following form, and must be sent in in duplicate:—

Sugar Bounty.

Notice of Intention to claim Bounty for White-grown Cane.

State of                                                                                                                 Sugar District, To the Collector of Customs for the State of

I hereby give notice that I intend to claim bounty in respect of white-grown cane.

The following are the particulars of the white plantation:—

Name of County.

Name of Parish.

Number of Portion.

Area and Description of the White Plantation sufficient to identify it, and specially to distinguish it from any land on which the Claimant may desire to employ Coloured Labour.

 

 

 

 

I attach a sketch plan showing the area of the white plantation and number of acres of cane.

Bounty has*/has not been previously paid in respect of cane grown upon the land specified in this notice.

Witness—                                                                                                        Signature of Grower.

Address.

Date.

*Strike out “has” or “has not” as the case requires.


Transferee may Claim Bounty.

7. The right of any grower giving notice of intention to claim bounty shall pass with the legal possession of the white plantation to a transferee without any necessity for a fresh notice; but prior to payment of any bounty to a transferee the Collector shall be satisfied that any person claiming as a transferee is entitled to the legal possession of the plantation.

For the purposes of this regulation transferee shall include any person who by operation of law shall come into legal possession of a plantation.

The Claim for Bounty.

8. The claim for bounty shall be made, in writing, to the Officer of Excise doing duty in reference to the factory where the cane was delivered, and shall be in accordance with the following form:—

sugar bounty.

Claim for Bounty.

State of

District.

To the Officer of Excise doing duty in reference to the

Sugar Factory.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of white-grown cane, grown by me and delivered at the above factory for manufacture, and I declare that the following particulars relating to the same are correct:—

Particulars.

White Plantation where Cane was grown.

Name of Factory where Cane was delivered.

Weights of Cane delivered.

Dates of Delivery.

Rate of Bounty per ton of Cane Claimed.

Amount of Bounty Claimed.

 

 

tons.

cwt.

qrs.

 

 

£ s. d.

Signature of Grower.

Address.

Date.

9. The form of declaration to be indorsed on the claim for bounty shall be as follows:—

Declaration to be Indorsed on Claim for Bounty.

I,                                                               of                                                         , do hereby declare as follows:—

1. I am the grower of the cane specified in this claim for bounty.

2. The cane was grown by me on the white plantation described in the notice of intention to claim bounty given by

3. The cane is white-grown cane within the meaning of the Sugar Bounty Act 1905.

4. That the wages paid to the persons employed by me on my white plantation, in the production of the cane specified in this bounty note, since (a)                                          are as follows:— (b)                            , and that such wages were in no case below the standard rate of wages paid in this district for similar white labour engaged in the sugar industry.

(a) If white labour, only has been employed since 1st January, 1907, insert that date; if coloured labour has been employed since 1st January, 1907, the date shown must be not less than 12 months from date of delivery of the cane for manufacture.

(b) Specify capacities of persons employed, e.g., cutter boy, trasher, &c.

5. 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 cane has been forfeited or taken away.

Signature of Grower.

Declared before me this                           day of                          19

Justice of the Peace or

Officer of Excise.

Issue of Bounty Note.

10. On delivery of the cane by the grower to the purchaser thereof at the factory or at the trucks of the purchaser for delivery to the factory, an officer shall—

(a) ascertain the weight of cane fit for manufacture;

(b) deliver to the grower a bounty note based on the weight so ascertained; and

(c) advise the officer at the nearest Customs House of the issue of such bounty note.

11. The grower, at the end of three days after the delivery of the bounty note to him, shall, on making the declaration indorsed on the claim for bounty, and on delivering the bounty note at the nearest Customs House, or at any other Customs House approved by the Comptroller-General of Customs, be entitled to payment of the bounty, and, at the time each payment is made, shall give a discharge in the prescribed form.

Forms of Bounty Note, &c.

12. The forms of bounty note, discharge of bounty note, and advice of issue of bounty note, declaration and discharge shall be as follows:—

Bounty Note.

No.                                                                                                                       District.

This is to certify that                            of                     has delivered at the                  factory                         tons                  cwt. and                      qrs. of cane for manufacture which he claims to be white-grown cane, and in respect of which he is entitled three days after this date to receive the sum of                 pounds             shillings and                             pence for bounty on making the declaration in the form indorsed on the claim for bounty and on delivering and discharging this note at the Customs House at

Dated the                                                              day of

19

Officer.


Form of Discharge of Bounty Note.

Received the sum of                     pounds             shillings and                 pence in discharge of this bounty note and my claim for bounty of the                              day of              19

Dated the                                      day of                                                  19

Signature of Grower.

Witness.

Advice of Issue of Bounty Note to be Indorsed on Claim for Bounty.

To the Officer at the (fill in nearest) Customs House.

I hereby certify that in satisfaction of this claim I have issued to the grower a bounty note for the sum of                      pounds             shillings and                 pence in respect of                  tons                  cwt.                  qrs. of cane delivered at the                        factory for manufacture.

Dated the                                      day of                                                  , 19

Signature of Officer.

Districts.

13. Subject to section 6 of the Act, the bounty is intended to be at the rate of Three pounds for every ton of the sugar-giving contents of the cane, and the average sugar-giving contents of cane in the following districts shall be taken to be the sugar-giving contents of each lot of cane in such districts respectively, namely:—

“No. 1 District,” comprising all that part of Australia north of the 19th degree of south latitude.

“No. 2 District,” comprising all that part of Australia between the 19th and 23rd degrees of south latitude.

“No. 3 District,” comprising all that part of Australia between the 23rd and 26th degrees of south latitude.

“No. 4 District,” comprising all that part of Australia south of the 26th degree of south latitude.

Average Sugar-giving Contents of Cane.

14. The average sugar-giving contents of cane produced in each district and the consequent rates of bounty per ton of cane shall be deemed to be according to the scale below for the year commencing on the 1st of January, 1907, and for every subsequent year until altered by the Governor-General.

The Scale.

Name of District.

Average Number of tons of Cane to make one ton of Sugar.

Average Sugar-giving Contents of Cane.

Rate of Bounty per ton of Cane.

No. 1 District.............

8..................................

12·5 per cent.............

7s. 6d.

No. 2 District.............

8·57.............................

11·66 „......................

7s. 0d.

No. 3 District.............

9·22.............................

10·84 „......................

6s. 6d.

No. 4 District.............

10...................................

10 „...........................

6s. 0d.

The Governor-General, by proclamation published in the Gazette, may before the 1st of June, in the year 1908, or in any succeeding year, alter the scale.


Declarations.

15. Declarations under these regulations may be made before any Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State, or any Officer of Customs.

Penalty for Untrue Declaration.

16. If any person makes in any notice, claim for bounty, or declaration under these regulations, any statement which is untrue in any particular, or produces or delivers to any Officer of Customs any such notice, claim for bounty, or declaration containing any untrue statement, he shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding one hundred pounds and not less than five pounds.

 

By Authority: J. Kemp, Government Printer, Melbourne.