Federal Register of Legislation - Australian Government

Primary content

Bounty (Printed Fabrics) Act 1981

Authoritative Version
Act No. 102 of 1981 as made
An Act to provide for the payment of bounty on the production of certain printed fabrics
Administered by: DITR
Date of Assent 24 Jun 1981
Date of repeal 23 Mar 2006
Repealed by Statute Law Revision Act 2006

1.jpg

Bounty (Printed Fabrics) Act 1981

No. 102 of 1981

TABLE OF PROVISIONS

Section

1.           Short title

2.           Interpretation

3.           Additional value

4.           Uniformity

5.           Specification of bounty

6.           Amount of bounties

7.           Bounty not payable in respect of certain fabric

8.           Advances on account of bounty

9.           Good quality essential

10.         Approval of payment of bounty

11.         Registration of premises

12.         Accounts, &c.

13.         Securities

14.         Appointment of authorized officers

15.         Stock-taking and inspection of production and accounts, &c.

16.         Power to require persons to answer questions and produce documents

17.         Power to examine on oath, &c.

18.         Offences

19.         Return for Parliament

20.         Delegation

21.         Applications for review

22.         Appropriation

23.         Regulations



1.jpg

Bounty (Printed Fabrics) Act 1981

No. 102 of 1981

 

An Act to provide for the payment of bounty on the production of certain printed fabrics

[Assented to 24 June 1981]

[Date of commencement 22 July 1981]

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

Short title

1. This Act may be cited as the Bounty (Printed Fabrics) Act 1981.

Interpretation

2. (1) In this Act, unless the contrary intention appears—

“authorized officer” means an officer who is an authorized officer for the purposes of this Act by virtue of an appointment under section 14;

“bountiable printed fabric” means printed fabric that—

(a) weighs less than 120 grams per square metre; and

(b) is suitable for making up into garments,

but does not include printed fabric designed for making up into the lining, or the internal pockets, of garments;

“bounty” means bounty under this Act;


 

“bounty period” means the period commencing on 1 January 1982 and ending on 31 December 1988 or on such later date as is fixed by the Minister, by notice published in the Gazette before 31 December 1988, as the date after which bounty is not to become payable under this Act;

“Collector” has the same meaning as it has in the Customs Act 1901;

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

“man-made fibres” means fibres or filaments of organic polymers produced by either of the following manufacturing processes:—

(a) polymerisation or condensation of organic monomers;

(b) chemical transformation of natural organic polymers;

“pattern” includes an image;

“prescribed fabric” means a textile fabric in the piece woven from a prescribed yarn or prescribed yarns;

“prescribed yarn” means—

(a) a yarn made of one or more of the following, that is to say, wool (including animal hair), cotton, silk or man-made fibre; or

(b) a yarn determined by the Comptroller-General to be a prescribed yarn for the purposes of this Act;

“printed fabric” means a prescribed fabric on which a pattern in a stabilized form has been printed to the specifications of the printer or of a customer of the printer by—

(a) one of the following methods of mechanical printing, that is to say, screen printing, rotary screen printing, roller screen printing or sublimation heat transfer printing; or

(b) a method of printing declared by the regulations to be a method of printing for the purposes of this paragraph;

“producer”, in relation to bountiable printed fabric, means—

(a) in the case of bountiable printed fabric all the processes in the printing of which were carried out by one person only—that person; or

(b) in any other case—each person who carried out a process, or processes, in the printing of the bountiable printed fabric;

“registered clothing factory” means—

(a) a building or other place—

(i) used for the commercial making up of fabric into garments; and

(ii) registered as a factory under a law of a State or an internal Territory;

(b) a building or other place in an internal Territory—

(i) used for the commercial making up of fabric into garments; and

(ii) approved by the Comptroller-General for the purposes of this paragraph; or


 

(c) a building or other place used by the Commonwealth, a State or the Northern Territory or an authority of the Commonwealth, a State or the Northern Territory for the making up of fabric into garments;

“registered premises” means premises registered by the Minister under section 11;

“year” means a period of 12 months commencing on 1 January.

(2) For the purposes of this Act, the processes in the printing of prescribed fabric include—

(a) any process in the production and preparation of printing design media or other printing surfaces used in the printing of the fabric (including any process in the production of sublimation transfer printing paper from other paper or in the application of a pattern to sublimation transfer printing paper).

(b) any process in the preparation of the fabric for printing;

(c) any mixing, blending, or dissolving of dye stuff to prepare dye used in the printing of the fabric;

(d) any process in the recovery of the fabric following the completion of other processes in the printing of the fabric;

(e) any process in the stabilization of the pattern printed on the fabric;

(f) any inspection of the fabric in relation to the printing of the fabric;

(g) the packing of the printed fabric after the completion of all other processes in the printing, being packing by the person who carried out the last of those other processes; and

(h) any other process in connection with the printing of the fabric that the Comptroller-General determines to be a printing process for the purposes of this paragraph,

but do not include—

(f) the carrying out of any original art work; or

(g) any process in the production of chemicals or other materials used in the printing;

(3) For the purposes of this Act, 2 persons who are not business associates within the ordinary meaning of that term shall, nevertheless, be deemed to be business associates if, directly or indirectly—

(a) one has an interest in the business or property of the other;

(b) both have an interest in the same business or property; or

(c) another person has an interest in the business or property of each of them.

(4) For the purposes of paragraph (3) (c), a person shall not be taken to have an interest in a business or property by reason only that he has a beneficial interest in shares or stock in the capital of a company or other body associated with that business or property if the total nominal value of those shares or that


 

stock, as the case may be, does not exceed one-fifth of the total nominal value of the issued share capital or stock, as the case may be, of the company or other body.

Additional value

3. (1) For the purposes of this Act, the additional value added to bountiable printed fabric by a producer of the bountiable printed fabric shall be deemed to be the amount that the Comptroller-General determines, in accordance with sub-section (2), is, in his opinion, the factory cost in connection with the process or processes carried out by that producer in the printing that produced from prescribed fabric the bountiable printed fabric.

(2) In making a determination for the purposes of sub-section (1) in relation to bountiable printed fabric, the Comptroller-General—

(a) shall disregard—

(i) the cost of the prescribed fabric from which the bountiable printed fabric was produced;

(ii) the cost of any dyes or similar materials that were used in carrying out a process in the printing of the bountiable printed fabric (not being a factory overhead charge);

(iii) the cost of any paper, other than sublimation transfer printing paper, that was used in carrying out a process in the printing of the bountiable printed fabric; and

(iv) the cost of any disposable packaging for the bountiable printed fabric;

(b) shall disregard the cost to the producer of obtaining from another person—

(i) any fabric on which a pattern has been partially printed;

(ii) any sublimation transfer printing paper (whether or not a pattern has been applied or partially applied to the paper); or

(iii) any screen on which a pattern has been imparted or partially imparted;

(c) may disregard, in whole or in part, any costs or expenses relating to the printing of the fabric having regard to the nature or extent of the work or other matters to which those costs or expenses relate;

(d) may disregard, in whole or in part, costs charged or levied on the producer by a business associate of the producer, other than costs actually incurred by the business associate;

(e) may have regard to the cost of printing work in Australia or overseas that is comparable to the work comprised in the printing;

(f) shall make allowance for factory overhead charges (including factory administration costs, research and development expenditure, the cost of reusable packaging, the cost of machine maintenance and machine replacement parts, the cost of energy and water and the cost of solvents, detergents, lubricants and similar materials used to facilitate the printing);


 

(g) shall not make any allowance for—

(i) general administration, selling costs, interest, service charges or taxation (other than pay-roll tax) or bonuses issued or paid to employees of the producer from the profits of the producer;

(ii) the cost of the right to use a pattern;

(iii) rent, hire or leasing costs in relation to land, buildings, plant or equipment, other than any part of those costs that—

(a) constitutes rates or other municipal charges;

(b) constitutes the cost of the repair and maintenance of buildings, plant or equipment; or

(c) would normally be treated as depreciation; or

(iv) any cost incurred after the completion of the printing of the fabric.

(3) For the purposes of paragraph (2) (a), the cost of any materials (including fabric, dyes, paper or packaging) shall be taken to include the cost of any delivery of the materials.

Uniformity

4. A power conferred on the Governor-General, the Minister or the Comptroller-General 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 51 (iii) of the Constitution.

Specification of Bounty

5. (1) Bounty is payable in accordance with this Act on the production in Australia of bountiable printed fabrics.

(2) For the purposes of this Act, the production of bountiable printed fabric shall not be taken to have been carried out in Australia unless the imparting of the pattern on the fabric was carried out in Australia.

(3) Bounty in respect of a bountiable printed fabric is payable to the producer, or the producers, of the bountiable printed fabric.

(4) A producer is not entitled to receive a payment of bounty in respect of a bountiable printed fabric unless—

(a) all the processes in the printing of the fabric carried out by him were carried out at registered premises during the bounty period;

(b) the printing of the fabric was completed during the bounty period; and

(c) the fabric has been used during the bounty period, or sold or otherwise disposed of during the bounty period for use—

(i) for making up into garments in a registered clothing factory; or

(ii) where the fabric is included in a class or kind of fabric declared by the regulations to be a class or kind of fabric that, for the purposes of this paragraph, may be used for a specified purpose— for that purpose.


 

(5) If, on 1 January 1982, a person who applied successfully for the registration of premises has in stock any bountiable printed fabric the production of which was completed on or after 1 October 1981, being fabric the last process in the printing of which was carried out on those premises by that person, all the processes in the printing of that fabric shall, for the purposes of this Act, be deemed to have been carried out on 1 January 1982.

(6) If, on 1 January 1982, there is on registered premises any fabric (not being bountiable printed fabric the printing of which has been completed) on which any process in the printing of bountiable printed fabric has been carried out, that process and any preceding process or processes in the printing of that fabric shall, for the purposes of this Act, be deemed to have been carried out on that date.

Amount of bounties

6. The bounty payable to a producer of bountiable printed fabric in respect of the fabric is an amount equal to 70% of the additional value added to the fabric by that producer.

Bounty not payable in respect of certain fabric

7. (1) Bounty is not payable in respect of any bountiable printed fabric produced by the Commonwealth, a State or an authority of the Commonwealth or of a State (including an educational institution established by the Commonwealth or a State).

(2) In this section, “State” includes the Northern Territory.

Advances on account of bounty

8. (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, at the expiration of a year, a person has received an amount, by way of advances on account of bounty that may become payable to him during that year, greater than the amount of bounty that became payable to him during that year, he is liable to pay to the Commonwealth the amount of the excess.

(3) If a person receives, by way of advances on account of bounty in respect of particular bountiable printed fabric, an amount greater than the amount of bounty payable to him in respect of that fabric, he is liable to pay to the Commonwealth the amount of the excess.

(4) If a person receives an amount by way of advances on account of bounty that may become payable to him and the bounty does not become payable to him, he is liable to pay to the Commonwealth the amount so received.

(5) Where a person is liable to pay an amount to the Commonwealth under this section, the Commonwealth may recover that amount as a debt due to the Commonwealth by action in a court of competent jurisdiction.


 

(6) Where a person is liable to pay an amount to the Commonwealth under this section, the amount may be deducted from any other amount that is payable to the person under this Act and, where an amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.

Good quality essential

9. Bounty is not payable in respect of a bountiable printed fabric unless the Comptroller-General is satisfied that the bountiable printed fabric is of good and merchantable quality.

Approval of payment of bounty

10. Where an application for bounty in respect of a bountiable printed fabric is lodged in accordance with the regulations, the Minister shall—

(a) if he is satisfied that bounty is payable in respect of that fabric— approve the payment of the bounty; or

(b) if he is not so satisfied—refuse to approve payment of the bounty.

Registration of premises

11. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connection with the carrying out at registered premises of any process in the printing of bountiable printed fabric.

(2) Where a person carries out, or proposes to carry out, at any premises in Australia any process in the printing of bountiable printed fabric, he may apply to the Minister for the registration of those premises for the purposes of this Act.

(3) If 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 the applicant 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) The Minister shall not register premises for the purposes of this Act if the only process in the printing of bountiable printed fabric carried out, or proposed to be carried out, on the premises is art work or the only processes in the printing of bountiable printed fabric carried out, or proposed to be carried out, on the premises are art work and any other process that does not involve, or other processes none of which involves, the use of a significant amount of equipment.

(6) Subject to sub-sections (3), (4) and (5), if, in the opinion of the Minister, any process in the printing of bountiable printed fabric is, or is proposed to be, carried out at the premises in respect of which the application is made, he shall register those premises for the purposes of this Act.


 

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

(a) that no process in the printing of bountiable printed fabric is being carried out at the premises;

(b) that no process in the printing of bountiable printed fabric is being carried out at the premises by the person who applied for the registration of the premises; or

(c) if any conditions have been prescribed under sub-section (1), that a process in the printing of bountiable printed fabric is being carried out at the premises otherwise than in accordance with those conditions,

the Minister may, by notice in writing serviced 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.

(8) For the purpose of the application of section 29 of the Acts Interpretation Act 1901 to the service by post of a notice under sub-section (7) of this section, such 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, &c.

12. 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 relating to the printing (including the cost of printing), and the sale or other disposal, or the use, by the person of the fabric in respect of which he claims bounty and such other information in relation to that fabric as the Minister requires.

Securities

13. The Minister may require a person to whom bounty could become payable to give security, in an amount determined by the Minister, 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 where a person is so required to give security, he is not entitled to bounty, or an advance on account of bounty, unless he gives security in accordance with the requirement.

Appointment of authorized officers

14. (1) The Minister may, by writing signed by him, appoint—

(a) a specified officer;

(b) the officer for the time being holding, or performing the duties of, a specified office; or

(c) officers included in a specified class of officers,

to be an authorized officer, or authorized officers, for the purposes of this Act.


 

(2) In this section, “officer” means an officer of the Department of Business and Consumer Affairs.

Stock-taking and inspection of production and accounts, &c.

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

(a) registered premises;

(b) premises where there is stored bountiable printed fabric in respect of which bounty has been claimed, or, in the opinion of the authorized officer, is likely to be claimed; or

(c) premises where there are kept any accounts, books, documents or other records relating to the printing, storage, sale or use of bountiable printed fabric,

and may—

(d) inspect or take stock of any bountiable printed fabric;

(e) inspect any process in the printing of any bountiable printed fabric; and

(f) inspect the accounts, books, documents and other records relating to the printing (including the cost of printing), or the sale or other disposal or the use, of bountiable printed fabric,

and may make and retain copies of, or take and retain extracts from, any such accounts, books, documents and other records.

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

Penalty: $500.

Power to require persons to answer questions and produce documents

16. (1) A Collector or an authorized officer may, by notice signed by him, require a person whom he believes to be capable of giving information relevant to the operation of this Act in relation to the printing (including the cost of printing), sale or other disposal, or use of bountiable printed fabric to attend before him at the time and place specified in the notice and there to answer questions and to produce to him such accounts, books, documents and other records in relation to the printing (including the cost of printing), sale or other disposal, or use of bountiable printed fabric as are referred to in the notice.

(2) A Collector or an authorized officer may make copies of, or take 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 or the production by him of any such account, book, document or other record is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph 18 (1) (c) or 18 (3) or (4).

(4) Where a producer of bountiable printed fabric, or a person employed by a producer, 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 producer, unless the Minister otherwise directs, until the producer 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.

17. (1) A Collector or an authorized officer may examine, on oath or affirmation, a person attending before him in pursuance of section 16 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.

Offences

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

(a) to attend before a Collector or an authorized officer;

(b) to take an oath 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: $1,000.

(2) A person shall not knowingly obtain or attempt to obtain bounty that is not payable.

Penalty: $2,000 or imprisonment for 12 months.

(3) A person shall not 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 that to his knowledge contains information that is false or misleading.

Penalty: $2,000.

(4) A person shall not make to an authorized officer or other person exercising a power or performing a function or duty in relation to this Act or the regulations a statement that is false or misleading in a material particular.

Penalty: $1,000.

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


 

(6) Where a court has made an order under sub-section (5), a certificate signed by 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.

(7) In this section, “bounty” includes an advance on account of bounty under section 8.

Return for Parliament

19. (1) The Comptroller-General shall, as soon as practicable after the end of each year during the bounty period, furnish to the Minister a return setting forth—

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

(b) the amount of bounty paid to each person in that year; and

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

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

(3) In this section, “bounty” includes an advance on account of bounty under section 8.

Delegation

20. (1) The Minister or the Comptroller-General may, either generally or otherwise as provided in the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or the Comptroller-General, as the case may be.

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

Applications for review

21. Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a refusal of the Comptroller-General to give an approval for the purposes of paragraph (b) of the definition of “registered clothing factory” in sub-section 2 (1);

(b) a determination by the Comptroller-General made for the purpose of sub-section 3 (1);

(c) a decision of the Comptroller-General made for the purposes of section 9;


 

(d) an approval of the Minister given under section 10 or a refusal of the Minister to give an approval under that section;

(e) a refusal of the Minister to register premises under section 11;

(f) a decision of the Minister made for the purposes of sub-section 11 (7); or

(g) a requirement by the Minister under section 13.

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 are to be made;

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

(c) penalties not exceeding $200 for offences against the regulations.