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Act No. 77 of 1983 as made
An Act to amend the Bounty (Injection-moulding Equipment) Act 1979
Administered by: Industry, Innovation and Science (part of the Jobs and Innovation portfolio)
General Comments: See item 2 of Schedule 6 to the Statute Update (Autumn 2018) Act 2018 for a saving provision relating to the repeal of this Act.
Date of Assent 03 Nov 1983
Date of repeal 19 Jun 2018
Repealed by Statute Update (Autumn 2018) Act 2018

Bounty (Injection-moulding Equipment) Amendment Act 1983

No. 77 of 1983

 

 

 

 

 

 

An Act to amend the Bounty (Injection-moulding Equipment) Act 1979

[Assented to 3 November 1983]

[Date of commencement 1 December 1983]

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

Short title, &c.

1. (1) This Act may be cited as the Bounty (Injection-moulding Equipment) Amendment Act 1983.

(2) The Bounty (Injection-moulding Equipment) Act 19791 is in this Act referred to as the Principal Act.

Amount of bounty

2. Section 8 of the Principal Act is amended by omitting “The” and substituting “Subject to section 8a, the”.


 

3. After section 8 of the Principal Act the following section is inserted:

Bounty payable in respect of certain injection-moulding equipment

“8a. (1) In this section—

‘relevant date A’ means 29 February 1984 or such date as is fixed by the Minister, by notice published in the Gazette before 29 February 1984, as relevant date A, not being a date that is—

(a) earlier than the date of publication of the notice; or

(b) later than 21 May 1984;

‘relevant date B’ means 22 May 1984 or such date as is fixed by the Minister, by notice published in the Gazette before 22 May 1984, as relevant date B, not being a date that is—

(a) earlier than the date of publication of the notice;

(b) earlier than relevant date A; or

(c) later than 22 November 1984;

‘relevant equipment A’ means injection-moulding equipment the manufacture of which was completed within the period commencing on 23 May 1983 and ending on relevant date A;

‘relevant equipment B’ means injection-moulding equipment the manufacture of which was completed within the period commencing on the day immediately following relevant date A and ending on relevant date B;

‘relevant manufacturer A’ means a manufacturer of injection-moulding equipment who the Minister is satisfied—

(a) engaged, throughout the period commencing on 10 June 1983 and ending on relevant date A, in the manufacture in Australia of machines of the kind referred to in paragraph (a) of the definition of ‘injection-moulding equipment’ in section 3; and

(b) used his best endeavours to ensure that, throughout that period, the number of persons employed by him and directly involved in the manufacture of injection-moulding equipment in Australia was not less than that number at the commencement of that period;

‘relevant manufacturer B’ means a relevant manufacturer A who—

(a) after relevant date A, gave the Minister an undertaking in writing that he would use his best endeavours to ensure that, throughout the period commencing on the giving of the undertaking and ending on relevant date B, the number of persons employed by him and directly involved in the manufacture of injection-moulding equipment in Australia would be not less than that number on 10 June 1983; and

(b) the Minister is satisfied, used his best endeavours to ensure that, throughout the period commencing on the day immediately following relevant date A and ending immediately before he gave that undertaking, the number of persons

employed by him and directly involved in the manufacture of injection-moulding equipment in Australia was not less than that number on 10 June 1983.

“(2) For the purposes of this section, an employee of a manufacturer of injection-moulding equipment shall be taken to be directly involved in the manufacture of injection-moulding equipment if, and only if, the work, or the principal work, that he performs in the course of his employment is—

(a) work on the design of the equipment;

(b) work involved in carrying out, or in supervising the carrying out of, the processes of the manufacture of the equipment; or

(c) work involved in the handling of materials for use in the manufacture of the equipment.

“(3) If relevant date B is a date later than 22 May 1984, this Act applies, in relation to relevant manufacturers B in respect of relevant equipment B, as if the references in paragraphs 7 (3) (b) and (c) to a year to which this Act applies included a reference to the period commencing on 23 May 1984 and ending on relevant date B.

“(4) The bounty payable to a relevant manufacturer A in respect of relevant equipment A is an amount equal to 25% of the additional value of the equipment.

“(5) Subject to sub-section 8, the bounty payable to a relevant manufacturer B in respect of relevant equipment B is—

(a) in the case of equipment the manufacture of which was completed before 23 May 1984—an amount equal to 25% of the additional value of the equipment; or

(b) in the case of equipment (if any) the manufacture of which was completed after 22 May 1984—an amount equal to 20% of the additional value of the equipment.

“(6) Where, on or before relevant date A, the Minister gives an approval under section 10 for the payment of bounty in respect of relevant equipment A, the approval shall be taken to be approval for the payment by way of bounty of an amount equal to 5% of the additional value of the equipment and, if, after that date, sub-section (4) operates so that the bounty payable in respect of the equipment is an amount equal to 25% of that value, the Minister shall approve the payment of the balance of the bounty in respect of the equipment.

“(7) Where, after relevant date A, the Minister gives an approval under section 10 for the payment of bounty in respect of relevant equipment B the manufacture of which was completed before 23 May 1984 to a relevant manufacturer A who has not given an undertaking referred to in paragraph (a) of the definition of ‘relevant manufacturer B’ in sub-section (1), the approval shall be taken to be approval for the payment by way of bounty of an amount equal to 5% of the additional value of the equipment and, if, subsequently, the manufacturer gives that undertaking and sub-section (5) operates so that the bounty payable in respect of the equipment is an amount equal to 25% of that

value, the Minister shall approve the payment of the balance of the bounty in respect of the equipment.

“(8) If the Minister becomes satisfied that a relevant manufacturer B has not complied with the undertaking referred to in paragraph (a) of the definition of ‘relevant manufacturer B’ in sub-section (1) given by the manufacturer and declares, by writing signed by him, that he is so satisfied, bounty payable to that manufacturer in respect of relevant equipment B after the making of the declaration is the amount (if any) that, but for this section, would have been payable under section 8.”.

Power to require persons to answer questions and produce documents

4. Section 17 of the Principal Act is amended—

(a) by omitting from sub-section (1) “The” and substituting “Subject to sub-section (1a), the”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) A notice under sub-section (1) in relation to injection-moulding equipment shall not be given to a person who purchased the equipment for use by him in the production of artificial plastic goods.”.

Application for review

5. Section 22 of the Principal Act is amended by inserting after paragraph (a) the following paragraphs:

“(aa) a decision of the Minister that he is satisfied, or not satisfied, in relation to a matter for the purposes of the definition of ‘relevant manufacturer A’ in sub-section 8a (1);

(ab) a decision of the Minister that he is satisfied, or not satisfied, in relation to a matter for the purposes of the definition of ‘relevant manufacturer B’ in sub-section 8a (1);

(ac) a decision of the Minister that he is satisfied in relation to a matter for the purposes of sub-section 8a (8);”.

6. After section 22 of the Principal Act the following section is inserted:

Statements to accompany notification of decisions

“22a. (1) Where the Minister or the Comptroller-General makes a decision of a kind referred to in section 22 and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(2) Any failure to comply with the requirements of sub-section (1) in relation to a decision does not affect the validity of the decision.”.


 

NOTE

1. No. 78, 1979, as amended. For previous amendments, see No. 26, 1982.