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Bounty (Tractor Cabs) Act 1983

Act No. 78 of 1983 as made
An Act to provide for the payment of bounty on the production of certain tractor cabs
Date of Assent 03 Nov 1983
Date of repeal 11 May 1988
Repealed by Bounty and Subsidy Legislation Amendment Act 1988

BOUNTY (TRACTOR CABS) ACT 1983 No. 78, 1983

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - TABLE  OF  PROVISIONS

TABLE

                             TABLE  OF  PROVISIONS

Section

  1.Short title

  2.Commencement

  3.Interpretation

  4.Factory cost and Australian factory cost

  5.Uniformity

  6.Specification of bounty

  7.Amount of bounty

  8.Advances on account of bounty

  9.Approval of payment of bounty

  10.Registration of premises

  11.Accounts

  12.Securities

  13.Appointment of authorized officers

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

  15.Power to require persons to answer questions and produce

documents

  16.Power to examine on oath, &c.

  17.Offences

  18.Return for Parliament

  19.Delegation

  20.Applications for review

  21.Statement to accompany notification of decisions

  22.Appropriation

  23.Transitional

  24.Regulations

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 1.

Short title.

SECT

                                      cabs

                             (Assented to 3 November 1983)

Short title

  1. This Act may be cited as the Bounty (Tractor Cabs) Act 1983.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 2.

Commencement

SECT

  2. This Act shall be deemed to have come into operation on 10 June 1983.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 3.

Interpretation

SECT

  3. 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 13;

         ''bountiable cab'' means a cab that is designed for fitting to a

tractor, being a cab that-

        (a)  is completely covered by a rigid roof;

        (b)  has side panels of heat-treated safety glass that complies with

the specification for such glass set out in Australian Standard 2080 of the

Standards Association of Australia, as in force on 10 June 1983;

        (c)  is weatherproof; and

        (d)  complies with the standard for cabs set out in Australian

Standard 1636 of the Standards Association of Australia, as in force on 10

June 1983;

         ''bounty'' means bounty under this Act;

         ''bounty period'' means the period commencing on 10 June 1983 and

ending on 9 June 1984;

         ''Collector'' has the same meaning as in the Customs Act 1901;

         ''Comptroller-General'' means the Comptroller-General of Customs;

         ''registered premises'' means premises registered by the Minister

under section 10;

         ''tractor'' has the same meaning as in the Bounty (Agricultural

Tractors) Act 1966.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 4.

Factory cost and Australian factory cost

SECT

         4. (1) For the purposes of this Act-

         (a)  the factory cost of a bountiable cab is such amount as is

determined by the Comptroller-General to be the factory cost of the bountiable

cab; and

         (b)  the Australian factory cost of a bountiable cab is the factory

cost of the cab less such amount as is determined by the Comptroller-General

to be the value known as the into-store value of imported parts and materials

supplied to the manufacturer and used by him in the manufacture of the

bountiable cab.

         (2) In determining the factory cost of a bountiable cab the

Comptroller-General shall make allowance for factory overhead charges

(including factory administration costs and research and development

expenditure) but shall not make any allowance for-

         (a)  costs attributable to air conditioning equipment (other than air

conditioning equipment that forms part of the cab and is for the purpose of

providing pressurisation of the cab);

         (b)  costs attributable to radio equipment, sound reproducing

equipment or sound recording equipment;

         (c)  costs attributable to seating;

         (d)  costs of fitting the cab to a tractor;

         (e)  general administration;

         (f)  selling costs;

         (g)  service charges;

         (h)  taxation; or

         (j)  any costs incurred after the completion of the manufacture of

the cab.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 5.

Uniformity

SECT

  5. 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 6.

Specification of bounty

SECT

  6. (1) Bounty is payable in accordance with this Act on the production in

Australia of bountiable cabs.

  (2) Bounty in respect of a bountiable cab is payable to the manufacturer of

the bountiable cab.

  (3) A manufacturer of a bountiable cab is not entitled to receive a payment

of bounty in respect of the cab unless the Comptroller-General is satisfied

that-

     (a)  the manufacture of the cab was carried out-

         (i)  by the manufacturer at registered premises; and

        (ii)  during the bounty period;

         (b)  the Australian factory cost of the cab is not less than 85% of

the factory cost of the cab;

         (c)  the cab was sold in Australia during the bounty period for

fitting to a tractor imported into Australia; and

         (d)  the cab is of good and merchantable quality.

         (4) Where-

         (a)  by virtue of sub-section 10 (8), the Minister determines that

the registration of premises shall be deemed to have taken effect on and from

10 June 1983; and

         (b)  the person who applied for the registration of the premises-

         (i)  was, on 10 June 1983, the owner of a bountiable cab; and

        (ii)  had carried out the manufacture of the cab at those premises

before 10 June 1983,

   that cab shall, for the purposes of this Act, be deemed to be a cab the

manufacture of which was carried out by that person at the registered premises

on 10 June 1983.

  (5) Bounty is not payable in respect of any bountiable cab that is fitted to

a tractor in respect of which bounty under the Bounty (Agricultural Tractors)

Act 1966 has been paid or is or becomes payable.

  (6) Bounty is not payable in respect of any bountiable cab produced by the

Commonwealth, a State or an authority of the Commonwealth or a State

(including an educational institution established by the Commonwealth or a

State).

  (7) In this section, ''State'' includes the Northern Territory.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 7.

Amount of bounty

SECT

  7. The bounty payable in respect of a bountiable cab is 15% of the factory

cost of the cab.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 8.

Advances on account of bounty

SECT

  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 recieved 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 a particular bountiable cab, an amount greater than the amount of bounty

payable to him in respect of that bountiable cab, 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 9.

Approval of payment of bounty

SECT

  9. (1) Where an application for bounty in respect of a bountiable cab is

lodged in accordance with the regulations, the Comptroller-General shall-

         (a)  if he is satisfied that bounty is payable in respect of that

bountiable cab-approve the payment of the bounty; or

         (b)  if he is not so satisfied-refuse to approve payment of the

bounty.

         (2) Where the Comptroller-General makes a decision under sub-section

(1) approving, or refusing to approve, payment of bounty to a manufacturer of

a bountiable cab, he shall cause to be served on the manufacturer of the cab,

either personally or by post, a notice in writing setting out that decision.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 10.

Registration of premises

SECT

  10. (1) The regulations may prescribe conditions to be complied with, for

the purposes of this Act, in connection with the manufacture at registered

premises of bountiable cabs.

  (2) Where a person carries on, or proposes to carry on, the manufacture at

any premises of bountiable cabs, 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) Where an applicant under this section was not, on 10 June 1983, engaged

in the manufacture of bountiable cabs 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 in Australia of the industry manufacturing bountiable

cabs.

  (6) Where the Minister makes a decision under this section refusing to

register premises he shall cause to be served, either personally or by post,

on the applicant for registration, a notice in writing setting out that

decision.

  (7) Subject to sub-sections (3), (4) and (5), if, in the opinion of the

Minister, bountiable cabs are, or are proposed to be, manufactured at the

premises in respect of which the application is made, he shall, by notice in

writing served, either personally or by post, on the applicant, register those

premises in the name of the applicant for the purposes of this Act.

  (8) 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 10 June 1983.

  (9) Upon application in writing made to the Minister by-

         (a)  the person in whose name premises are registered under this

section; and

         (b)  a person who carries on, or proposes to carry on, the

manufacture at those premises of bountiable cabs,

       the Minister shall, by notice in writing served, either personally or

by post, on the second-mentioned person, transfer the registration of those

premises to the name of the second-mentioned person, with effect from such

date as the Minister specifies in the notice, being a date not earlier than 6

months before the day on which that application was made.

  (10) Where the Minister is satisfied, in respect of any registered

premises-

         (a)  that bountiable cabs are not being manufactured at the

premises;

         (b)  that the manufacture of bountiable cabs at the premises is not

being carried on by the person in whose name those premises are registered;

or

         (c)  if any conditions have been prescribed under sub-section (1),

that bountiable cabs that are being manufactured at registered premises are

being manufactured 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

in whose name those premises are registered, on that person, cancel the

registration of the premises.

  (11) 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

(10) of this section, such a notice posted as a letter addressed to the

occupier, or to the person in whose name those premises are registered, at the

registered premises shall be deemed to be properly addressed.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 11.

Accounts

SECT

  11. 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 manufacture (including the cost of

manufacture) and sale of bountiable cabs and such other information in

relation to those bountiable cabs as the Minister, by notice in writing

served, either personally or by post, on the person, requires.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 12.

Securities

SECT

  12. The Minister may by notice in writing served, either personally or by

post, on a person to whom bounty could become payable, require the person 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 13.

Appointment of authorized officers

SECT

  13. (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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 14.

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

SECT

  14. (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 a bountiable cab 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 manufacture, storage, sale or use of a

bountiable cab,

       and may-

         (d)  inspect any bountiable cab or take stock of any bountiable

cabs;

         (e)  inspect any process in the manufacture of any bountiable cab;

and

         (f)  inspect the accounts, books, documents and other records

relating to the manufacture (including the cost of manufacture), sale or other

disposal, or use, of a bountiable cab,

       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: $1,000.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 15.

Power to require persons to answer questions and produce documents

SECT

  15. (1) Subject to sub-section (2), 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

manufacture (including the cost of manufacture), sale or other disposal, or

use of bountiable cabs 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 manufacture (including

the cost of manufacture), sale or other disposal, or use of bountiable cabs as

are referred to in the notice.

  (2) A notice made under sub-section (1) in relation to a bountiable cab

shall not be given to a person who purchased the cab to fit it to a tractor

used, or intended to be used, by him in agriculture.

  (3) A notice under sub-section (1) requiring a person to produce an account,

book, document or record shall set out the effect of sub-section (4).

  (4) A person who, in pursuance of a notice under sub-section (1), produces

an account, book, document or record kept, made or prepared by another person

that, to the knowledge of the first-mentioned person, is false or misleading

in a material particular shall, upon so producing the account, book, document

or record, give to the person to whom the first-mentioned person is required

to produce the account, book, document or record, a statement in writing

signed by the first-mentioned person or, in the case of a body corporate, by a

competent officer of the body corporate-

         (a)  stating that the account, book, document or record is, to the

knowledge of the first-mentioned person, false or misleading in a material

particular; and

         (b)  setting out, or referring to, the material particular in respect

of which the account, book, document or record is, to the knowledge of the

first-mentioned person, false or misleading.

  Penalty: $1,000 or imprisonment for 6 months, or both.

  (5) 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.

  (6) 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 criminal proceedings other than

proceedings under, or arising out of sub-section (4) of this section,

sub-section 17 (1) by virtue of paragraph 17 (1) (c) or sub-section 17 (3) by

virtue of paragraph 17 (3) (a), being that last-mentioned paragraph in its

application to the making of a statement in pursuance of this section.

  (7) Where a manufacturer of bountiable cabs 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 16.

Power to examine on oath, &c.

SECT

  16. (1) A Collector or an authorized officer may examine, on oath or

affirmation, a person attending before him in pursuance of section 15 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 17.

Offences

SECT

  17. (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, or both.

  (3) A person shall not-

         (a)  make to an authorized officer or other person exercising a power

or performing a function or duty in relation to this Act a statement, either

orally or in writing, that is to his knowledge false or misleading in a

material particular; or

         (b)  present (otherwise than in pursuance of sub-section 15 (1)), to

an authorized officer or other person exercising a power or performing a

function or duty in relation to this Act an account, book, document or other

record that is to his knowledge false or misleading in a material particular.

         Penalty: $1,000 or imprisonment for 6 months, or both.

         (4) 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.

         (5) Where a court has made an order under sub-section (4), 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.

         (6) In this section, ''bounty'' includes an advance on account of

bounty under section 8.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 18.

Return for Parliament

SECT

  18. (1) The Comptroller-General shall, as soon as practicable after the end

of each financial year in which bounty is paid, furnish to the Minister a

return setting forth-

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

that financial year;

         (b)  the amount of bounty paid to each person in that financial 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 19.

Delegation

SECT

  19. (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 all or 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.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 20.

Applications for review

SECT

  20. (1) Applications may be made to the Administrative Appeals Tribunal for

review of-

         (a)  a determination by the Comptroller-General made for the purposes

of sub-section 4 (1);

         (b)  a decision of the Comptroller-General under section 9 approving,

or refusing to approve, payment of bounty;

         (c)  a decision of the Minister under section 10 refusing to register

premises, not being a refusal by virtue of sub-section 10 (5);

         (d)  a decision of the Minister under sub-section 10 (7), (9) or

(10); or

         (e)  a requirement by the Minister under section 12.

         (2) In sub-section (1), ''decision'' has the same meaning as in the

Administrative Appeals Tribunal Act 1975.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 21.

Statement to accompany notification of decisions

SECT

  21. (1) Where the Minister, a delegate of the Minister, the

Comptroller-General or a delegate of the Comptroller-General makes a decision,

determination or requirement of a kind referred to in section 20 and gives to

the person or persons whose interests are affected by the decision,

determination or requirement notification in writing of the making of the

decision, determination or requirement, 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, determination or requirement to which the notice relates by or

on behalf of the person or persons whose interests are affected by the

decision, determination or requirement.

  (2) Any failure to comply with the requirements of sub-section (1) in

relation to a decision, determination or requirement does not affect the

validity of the decision, determination or requirement.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 22.

Appropriation

SECT

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

appropriated accordingly.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 23.

Transitional

SECT

  23. Sections 14, 15 and 17 do not operate so as to render unlawful anything

done, or omitted to be done, before the day on which this Act receives the

Royal Assent.

Bounty (Tractor Cabs) Act 1983 No. 78 of 1983 - SECT. 24.

Regulations

SECT

  24. (1) The Governor-General may make regulations, not inconsistent with

this Act, prescribing all matters-

         (a)  required or permitted by this Act to be prescribed; or

         (b)  necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

         (2) Without limiting the generality of sub-section (1), regulations

may be made 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.