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Refrigeration Compressors Bounty Act 1975

Authoritative Version
Act No. 14 of 1975 as made
An Act to provide for the Payment of a Bounty on the Production of certain Refrigeration Compressors.
Date of Assent 11 Apr 1975
Date of repeal 12 Jun 1981
Repealed by Repealed by Act No. 61 of 1981

REFRIGERATION COMPRESSORS BOUNTY

ACT 1975

No. 14 of 1975

An Act to provide for the Payment of a Bounty on the Production of certain Refrigeration Compressors.

 

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1.   This Act may be cited as the Refrigeration Compressors Bounty Act 1975.

Commencement

2.   This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3.   In this Act, unless the contrary intention appears—

“authorized person” means a person appointed by the Minister under section 15;

“bounty” means bounty under this Act and includes an advance on account of bounty under section 11;

“Collector” means a Collector of Customs for a State or Territory;

“compressor” means a machine—

(a) that is used for compressing refrigerant vapour as part of a refrigerating process;

(b) that consists of a pump powered by an electric motor, the pump and motor being contained in a sealed casing; and

(c) the out-put of which does not exceed 1.5 kilowatts;

“Comptroller-General” means the Comptroller-General of Customs;

“registered premises” means premises registered by the Minister under section 12.

Periods during which bounty payable.

4.   For the purposes of this Act, each of the following periods is a period to which this Act applies:—

(a) the period commencing on 4 February 1974 and ending on 3 February 1975; and

(b) the period commencing on 4 February 1975 and ending on 3 February 1976.

Specification of bounty.

5. (1) Bounty is payable in accordance with this Act on the production of compressors.

(2) Bounty in respect of a compressor is payable to the manufacturer of the compressor.

(3) A manufacturer is not entitled to receive a payment of bounty in respect of a compressor unless, during a period to which this Act applies—

(a) the manufacture of the compressor has been completed at registered premises; and

(b) the compressor has been used, either by the manufacturer or another person, as a refrigeration component in the manufacture of other goods that have been used, or are intended to be used, in Australia.

Uniformity.

6.   A power conferred on the Governor-General or the Minister by this Act shall not be exercised in such a manner that bounty under this Act would not be uniform throughout the Commonwealth, within the meaning of paragraph (iii.) of section 51 of the Constitution.

Rate of bounty.

7.   The bounty payable in respect of a compressor is $5.


 

Limit of available bounty.

8. (1) The amount available for payment of bounty in respect of compressors in respect of which bounty becomes payable in a period to which this Act applies is $3,250,000.

(2) Where the amount available for the payment of bounty in respect of compressors in respect of which bounty becomes payable in a period to which this Act applies is insufficient for the payment in full of all valid claims in respect of those compressors, the bounty otherwise payable in respect of each of those claims shall be reduced to an amount that bears the same proportion to the amount of the claim as the amount so available bears to the total amount of all those claims.

(3) If the Minister is of the opinion that the amount available for the payment of bounty in respect of compressors in respect of which bounty becomes payable in a period to which this Act applies will be insufficient for the payment in full of all valid claims in respect of those compressors, he may withhold payment of the whole or any part of the bounty otherwise payable upon such a claim until he has ascertained the total amount of all those claims.

Good quality essential.

9.   Bounty is not payable in respect of a compressor unless, in the opinion of the Comptroller-General, it is of good and merchantable quality.

Bounty not payable unless Act and Regulations complied with.

10. Bounty is not payable to a manufacturer of a compressor unless he satisfies the Minister that the requirements of this Act and the regulations have been substantially complied with by him.

Advances on account of bounty.

11. (1) An advance on account of bounty may be made to a person on such terms and conditions as are approved by the Minister.

(2) If, in a period to which this Act applies, a person receives by way of advance on account of bounty an amount greater than the amount of bounty payable in respect of compressors manufactured by him in respect of which bounty becomes payable in that period, he is liable to repay to Australia the amount of the excess, and that amount may be recovered as a debt due to Australia by action in a court of competent jurisdiction.

Registration of premises.

12. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connexion with the manufacture of compressors at registered premises.

(2) Where a person carries on, or proposes to carry on, the manufacture of compressors at any premises, he may apply to the Minister for the registration of those premises for the purposes of this Act.

(3) If any conditions have been prescribed under sub-section (1), the Minister shall not register the premises unless he is satisfied that those conditions have been, or will be, complied with.

(4) The Minister may require an applicant under this section to furnish such information as the Minister considers necessary for the purposes of this Act, and may refuse to register the premises until the information is furnished to his satisfaction.

(5) Where an applicant under this section was not, on 4 February 1974, engaged in manufacturing compressors at the premises to which the application relates, the Minister shall refuse to register those premises unless, in the opinion of the Minister, the registration of those premises will promote the orderly development of the manufacture of compressors in Australia.

(6) Subject to sub-sections (3), (4) and (5), if, in the opinion of the Minister, compressors are, or are proposed to be, manufactured at the premises in respect of which the application is made, he shall register those premises for the purposes of this Act.

(7) If the Minister so determines, the registration shall be deemed to have taken effect on and from a date specified by the Minister, being a date not earlier than 4 February 1974.


 

(8) Where the Minister is satisfied, in respect of any registered premises—

(a) that compressors are not being manufactured at the premises;

(b) that compressors are not being manufactured at the premises by the person who applied for registration of the premises; or

(c) if any conditions have been prescribed under sub-section (1), that compressors are being manufactured at the premises otherwise than in accordance with those conditions,

the Minister may, by notice in writing served either personally or by post on the occupier of the premises and, if the occupier is not the person who applied for the registration of the premises, on that person, cancel the registration of the premises.

(9) For the purposes of the application of section 29 of the Acts Interpretation Act 1901-1973 to the service by post of a notice under sub-section (8), a notice posted as a letter addressed to the occupier, or to the person who applied for the registration of the premises, at the registered premises shall be deemed to be properly addressed.

Accounts.

13. A person is not entitled to bounty unless he keeps, to the satisfaction of the Minister, accounts, books, documents and other records showing, from time to time, particulars of the manufacture and sale of compressors and such other information in relation to the compressors as the Minister requires.

Securities.

14. The Minister may require a manufacturer of compressors to give security by bond, guarantee or cash deposit, or by all or any of those methods, for compliance by him with the provisions of this Act and the regulations or for the purpose of an undertaking given by him for the purposes of this Act or the regulations, and the manufacturer is not entitled to bounty unless he gives security accordingly.

Appointment of authorized persons.

15. The Minister may, by writing under his hand, appoint persons to be authorized persons for the purposes of this Act.

Stock-taking and inspection of manufacture and accounts &.c.

16. (1) For the purposes of this Act, an authorized person may, at all reasonable times, enter—

(a) registered premises; or

(b) premises where there are stored compressors in respect of which bounty has been claimed, or, in the opinion of the authorized person, is likely to be claimed,

and may—

(c) inspect or take stock of any compressors;

(d) inspect the processes of manufacture of any compressors; and

(e)   inspect the accounts, books, documents and other records relating to the manufacture, storage, sale or use of compressors.

(2) The occupier or person in charge of registered premises, or of premises referred to in paragraph (1)(b), shall provide the authorized person with all reasonable facilities and assistance for the effective exercise of his powers under this section.

Penalty: $100.

Power to require persons to answer questions and produce documents.

17. (1) The Comptroller-General, a Collector or an authorized person may, by notice in writing, require a person whom he believes to be capable of giving information relevant to the operation of this Act in answer  relation to the manufacture, storage, sale or use of compressors to attend questions before him at the time and place specified in the notice and there to documents answer questions and to produce to him such accounts, books, documents and other records in relation to the manufacture, storage, sale or use of compressors as are referred to in the notice.

(2) The Comptroller-General, a Collector or an authorized person may make and retain copies of, or extracts from, any accounts, books, documents or other records produced in pursuance of this section.

(3) A person is not excused from answering a question or producing any accounts, books, documents or other records when required so to do under this section on the ground that the answer to the question, or the production of the accounts, books, documents or other records, might tend to incriminate him or make him liable to a penalty, but his answer to any such question is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph 19(1) or 19(2)(c).

(4) Where a manufacturer, or a person employed by a manufacturer, has failed to attend or to answer a question, or to produce any account, book, document or other record, when required so to do under this section, bounty is not payable to the manufacturer, unless the Minister otherwise directs, until the manufacturer or that person has attended, answered the question or produced the account, book, document or other record, as the case may be.

Power to examine on oath, &.c.

18. (1) The Comptroller-General, a Collector or an authorized person may examine, on oath or affirmation, a person attending before him in pursuance of section 17 and, for that purpose, may administer an oath or affirmation to that person.

(2) The oath or affirmation to be made by a person for the purposes of sub-section (1) is an oath or affirmation that the answers he will give to questions asked him will be true.

19. (1) A person shall not, without reasonable excuse, refuse or fail—

(a) to attend before the Comptroller-General, a Collector or an authorized person;

(b) to be sworn or make an affirmation; or

(c) to answer a question or produce an account, book, document or other record,

when so required in pursuance of this Act.

Penalty: $100.

(2) A person shall not—

(a) knowingly obtain or attempt to obtain bounty that is not payable;

(b) obtain or attempt to obtain payment of bounty by means of a statement that he knows to be false or misleading or by means of a document which to his knowledge contains information that is false or misleading; or

(c) make to an officer or other person doing duty in relation to this Act or the regulations, including the Comptroller-General, a Collector or an authorized person when exercising his powers under section 18, a statement that is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 12 months.

(3) Where a person is convicted of an offence against sub-section (2), the Court may, in addition to imposing a penalty under that subsection, order the person to refund to Australia the amount of any bounty wrongfully obtained by him.

(4) Where a court has made an order under sub-section (3), a certificate under the hand of the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.

Return of Parliament.

20. (1) The Comptroller-General shall, as soon as practicable after the end of each period to which this Act applies, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that period;

(b) the amount of bounty paid to each person in that period and the number of compressors in respect of which the bounty was paid; and

(c) such other particulars, if any, as are prescribed.

(2) The Minister shall cause a copy of the return to be tabled in each House of the Parliament within 15 sitting days of that House after the return is received by him.


 

Delegation.

21. (1) The Minister or the Comptroller-General, may, either generally or otherwise as provided in the instrument of delegation, by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation).

(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Comptroller-General, as the case may be.

Appropriation.

22. Bounty is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Regulations.

23. The Governor-General may make regulations, not inconsistent, with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular prescribing—

(a) the manner in which, and the time within which, applications for bounty shall be made;

(b) the information to be furnished by applicants in connexion with applications for bounty; and

(c) penalties not exceeding $100 for offences against the regulations.