STATUTORY RULES.
1940. No. 21.
–––––
REGULATIONS UNDER THE SULPHUR BOUNTY ACTS 1939.*
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 Sulphur Bounty Acts 1939.
Dated this thirty first day of January, 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
––––
Sulphur Bounty Regulations.
Citation.
1. These Regulations may be cited as the Sulphur Bounty Regulations.
Definitions.
2.—(1.) In these Regulations, unless the contrary intention appears—
“bounty” means bounty under the Act;
“the Act” means the Sulphur Bounty Acts 1939, and, if that Act is at any time amended, includes that Act as so amended.
(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
Authorized agents.
3.—(1.) A manufacturer may appoint, in accordance with Form 1, an authorized agent to execute on his behalf any notice, declaration, certificate or other document required for the purposes of the Act or these Regulations, and the authorized agent may execute on behalf of his principal any such notice, declaration, certificate or other document accordingly.
(2.) Any notice, declaration, certificate or other document so executed shall be as effective as if it had been executed by the principal.
Notice of intention to claim bounty
4. A manufacturer who intends to claim bounty shall furnish to the Collector in the State in which the sulphur or sulphuric acid has been, or is to be, produced a notice of intention to claim bounty in accordance with Form 2—
(a) where he is producing sulphur or sulphuric acid (in respect of which he intends to claim bounty) during the period of fourteen days after the commencement of these Regulations—within that period; or
* Notified in the Commonwealth Gazette , 1940.
21.—6/19.1.1940.—Price 3d.
(b) where he begins to produce sulphur or sulphuric acid (in respect of which he intends to claim bounty) after that period—at least fourteen days before he begins to produce that sulphur or sulphuric acid.
Form of application for bounty.
5. An application for bounty shall be in accordance with Form 3 and shall be supported by a statutory declaration in accordance with the form contained in that Form.
Time within which applications for bounty are to be made.
6.—(1.) An application for bounty shall be lodged with the Collector in the State in which the sulphur or sulphuric acid was produced within sixty days after the end of the quarter during which the production thereof was completed.
(2.) In this regulation, “quarter” means any period of three months ending on the last day of March, June, September or December.
Conditions of manufacture.
7.—(1.) Australian and imported materials intended for use in the production of sulphur or sulphuric acid shall be stored separately to the satisfaction of the Collector.
(2.) Sulphuric acid produced from imported sulphur or other materials shall be stored, to the satisfaction of the Collector, separately from sulphuric acid produced from zinc concentrates, iron pyrites and spent oxide of Australian origin.
Determination of sulphur equivalent of sulphuric acid.
8. The sulphur equivalent of any sulphuric acid in respect of which a claim for bounty is made shall be determined by ascertaining the quantity of the sulphuric acid calculated to a strength of one hundred per centum and dividing that quantity by 2.955.
Return for Parliament.
9. The return referred to in section 21 of the Act shall, in addition to setting forth the particulars specified in paragraphs (a) and (b) of sub-section (2.) of that section, set forth—
(a) whether each manufacturer in a locality in which standard rates of wages or conditions of employment have been prescribed or declared in pursuance of section 9a of the Act who has been paid bounty has observed, in respect of the persons employed by him in the manufacture of the sulphur and sulphuric acid in respect of the production of which the bounty was paid, rates of wages and conditions of employment not less favorable to the persons so employed than the rates and conditions so prescribed or declared; and
(b) where the rates or conditions so prescribed or declared have not been observed, the extent to which non-observance has occurred, the amount of bounty (if any) withheld for that reason, and what action (if any) has been taken by the manufacturer to compensate the persons so employed in respect of his failure to observe those rates and conditions.
THE SCHEDULE.
Reg. 3. Form 1.
Commonwealth of Australia.
Sulphur Bounty Acts 1939.
APPOINTMENT OF AUTHORIZED AGENT.
(a) Insert name and address of manufacturer.
(b) Insert full name and description of authorizing officer.
(c) Insert name, address and description of agent.
(d) Signature of authorizing officer.
(e) Signature and address of witness.
(f) Signature of agent.
On behalf of (a)
I, (b)
hereby nominate, constitute and appoint (c)
(a specimen of whose signature appears hereunder) to be the agent of the abovementioned manufacturer for the purposes of the Sulphur Bounty Acts 1939 and the Regulations thereunder, and to execute on that manufacturer’s behalf any notice, declaration, certificate or other document required for the purposes of the Act and those Regulations.
Dated at this day of 19
(d)
(e)
(f)
Reg. 4. Form 2.
Commonwealth of Australia.
Sulphur Bounty Acts 1939.
NOTICE BY MANUFACTURER OF INTENTION TO CLAIM BOUNTY.
Note. —This form, when filled in, should be forwarded to the Collector of Customs.
(a) Insert name and address of manufacturer.
(b) Insert full name and description of authorized agent.
(c) Signature of authorized agent.
On behalf of (a)
I, (b) , hereby give notice that the abovementioned manufacturer intends to claim bounty in respect of sulphur or the sulphur equivalent of sulphuric acid produced or to be produced in the factory situated at for sale for use in the Commonwealth.
Dated at this day of 19 .
(c)
Reg. 5. Form 3.
Commonwealth of Australia.
Sulphur Bounty Acts 1939.
APPLICATION FOR BOUNTY.
Note. —This form, when filled in, should be forwarded to the Collector of Customs.
(a) Insert name and address of manufacturer.
(a)
hereby applies for bounty in respect of the sulphur or the sulphur equivalent of the sulphuric acid described hereunder, the production of which was completed by that manufacturer in the factory situated at during the quarter ended on the last day of , 19 .
(b) Delete whichever inapplicable. If sulphur is produced, use only the first column of the table (inserting therein the percentage of purity) and the last three columns.
(b) Sulphur.
Sulphuric Acid.
| Actual quantity produced. | Quantity of sulphuric acid calculated to a strength of 100 per cent. | Sulphur equivalent. | Imported cost during such quarter—per ton. | Rate of bounty per ton. | Amount of bounty claimed. |
| tons. | tons. | tons. | £. | s. | d. | £. | s. | d. | £. | s. | d. |
| Total (in words) | pounds | shillings | | | pence. |
| | | | | | | | | | | |
Statutory Declaration.
(c) Insert full name, address and occupation of declarant.
I, (c) do solemnly and sincerely declare as follows:—
(d) Insert “manufacturer” or “authorized agent of the manufacturer” whichever is applicable.
(1) I am the (d) of the (e) sulphur/sulphuric acid specified in the foregoing application for bounty.
(2) The (e) sulphur/sulphuric acid was produced in premises appointed by the Minister of State for Trade and Customs as a factory for the purposes of the Sulphur Bounty Acts 1939.
(e) Strike out whichever is not applicable.
(3) The description of the (e) sulphur/sulphuric acid and all the particulars relating thereto, set out in the foregoing application for bounty, are true and correct in every particular.
(4) (e) The sulphur was produced from Australian materials.
(e) The sulphuric acid was produced from zinc concentrates, iron pyrites and spent oxide of Australian origin.
(5) The (e) sulphur/sulphuric acid was produced for sale for use in the Commonwealth.
(6) The (e) sulphur/sulphuric acid is of good and merchantable quality.
(f) This paragraph should be omitted if no rates and conditions have been prescribed or declared in the locality in which the sulphur or sulphuric acid was manufactured.
(7) (f) The rates of wages and the conditions of employment observed by the manufacturer in respect of the persons employed in the production of the (e) sulphur/sulphuric acid were not less favorable to the persons so employed than the rates and conditions prescribed or declared in pursuance of section 9a of the Sulphur Bounty Acts 1939.
(8) 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 of the manufacturer to bounty in respect of the (e) sulphur/sulphur equivalent of the sulphuric acid has been forfeited or taken away.
(9) To the best of my knowledge and belief no other application for bounty has been made, nor has any bounty been paid, in respect of the (e) sulphur/sulphur equivalent of the sulphuric acid.
And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.
(g) Signature of declarant.
(g)
Declared at this day of , 19 .
Before me—
(h) Signature of person before whom the declaration is made.
(i) Insert title of person before whom declaration is made.
(h)
(i)
Note. —Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.
This declaration may be made before a Police, Stipendiary or Special Magistrate; Justice of the Peace; Commissioner for Affidavits; Commissioner for Declarations; or a Notary Public.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.