Federal Register of Legislation - Australian Government

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Bounty (Books) Act 1969

Act No. 83 of 1969 as amended, taking into account amendments up to Act No. 80 of 1982
Registered 23 Nov 2009
Start Date 20 Oct 1982
End Date 16 Jun 1990
Date of repeal 16 Jun 1990
Repealed by Bounty Legislation Amendment Act 1990

BOUNTY (BOOKS) ACT 1969
- Reprinted as at 30 June 1984 (HISTACT CHAP 779 #DATE 30:06:1984)

*1* The Bounty (Books) Act 1969 as shown in this reprint comprises Act No. 83, 1969 amended as indicated in the Tables below.
(The citation "Bounty (Books) Act 1969" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
-----------------------------------------------------------------------------
Book Bounty Act
1969 83, 1969 26 Sept
1969 26 Sept 1969
Book Bounty Act
1970 58, 1970 1 Sept
1970 21 Apr 1970 S. 4
Book Bounty Act
1973 40, 1973 7 June
1973 31 May 1971 S. 4 (2)
and (3)
Statute Law
Revision Act 1973 216, 1973 19 Dec
1973 31 Dec 1973 Ss. 9 (1)
and 10
Book Bounty Act
1975 5, 1975 7 Mar
1975 7 Mar 1975 S. 9
Bounty (Books)
Amendment Act 1978 109, 1978 19 Sept
1978 19 Sept 1978 -
Bounty (Books)
Amendment Act 1979 69, 1979 15 June
1979 Ss. 3 (a), (b)
and (e) and 4:
1 Jan 1980
Remainder: Royal
Assent Ss. 14 and
15
Statute Law
Revision Act 1981 61, 1981 12 June
1981 S. 117: Royal
Assent (a) -
Statute Law
(Miscellaneous
Amendments) Act
(No. 1) 1982 26, 1982 7 May
1982 Part X (s. 72):
4 June 1982 (b) S. 72 (2)
and (3)
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part XIII (ss. 34
and 35): 20 Oct
1982 (c) -
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(a) The Bounty (Books) Act 1969 was amended by section 117 only of the Statute Law Revision Act 1981, sub-section 2 (1) of which provides that section 117 shall come into operation on Royal Assent.
(b) The Bounty (Books) Act 1969 was amended by Part X (section 72) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, sub-section 2 (12) of which provides that Part X shall come into operation on the twenty-eighth day after Royal Assent.
(c) The Bounty (Books) Act 1969 was amended by Part XIII (sections 34 and 35) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (16) of which provides that Part XIII shall come into operation on the twenty-eighth day after Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 1 . . . . . . . . rs. No. 109, 1978
S. 3 . . . . . . . . am. Nos. 40 and 216, 1973; No. 5, 1975; No. 109,
1978; No. 69, 1979; No. 61, 1981
S. 3A . . . . . . . . ad. No. 40, 1973
rs. No. 5, 1975; No. 69, 1979
S. 4 . . . . . . . . am. No. 5, 1975; No. 69, 1979
S. 4AA . . . . . . . ad. No. 69, 1979
S. 4A . . . . . . . . ad. No. 109, 1978
S. 6 . . . . . . . . am. No. 5, 1975
rs. No. 69, 1979
S. 7 . . . . . . . . am. No. 69, 1979
S. 8 . . . . . . . . am. No. 58, 1970; No. 5, 1975; No. 69, 1979
S. 9A . . . . . . . . ad. No. 109, 1978
Ss. 10, 11 . . . . . am. No. 5, 1975; No. 69, 1979
S. 11A . . . . . . . ad. No. 69, 1979
S. 13 . . . . . . . . am. No. 69, 1979
S. 14 . . . . . . . . am. No. 5, 1975; No. 69, 1979
S. 16 . . . . . . . . rs. No. 109, 1978
S. 17 . . . . . . . . am. No. 5, 1975; No. 69, 1979
S. 18 . . . . . . . . am. No. 5, 1975; No. 69, 1979; Nos. 26 and 80,
1982
S. 19A . . . . . . . ad. No. 69, 1979
S. 20A . . . . . . . ad. No. 109, 1978
am. No. 69, 1979
S. 21 . . . . . . . . am. No. 69, 1979
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BOUNTY (BOOKS) ACT 1969 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

3. Interpretation

3A. Bounty not payable in respect of certain books

4. Cost of manufacture

4AA. Publishers paper costs

4A. Uniformity

5. Specification of bounty

6. Rates of bounty

7. To whom bounty payable

8. Bounty not payable in respect of certain books

9. Bounty not payable unless Act and regulations complied with

9A. Approval of payment of bounty

10. Advances

11. Registration of premises

11A. Accounts

12. Appointment of authorized persons

13. Stocktaking and inspection of production and accounts, &c.

14. Power to require person to answer questions and produce documents

15. Power to examine on oath

16. Securities

17. Offences

18. Return for Parliament

19. Delegation

19A. Notices of determinations

20. Appropriation

20A. Applications for review

21. Regulations

BOUNTY (BOOKS) ACT 1969 - LONG TITLE

SECT

An Act to provide for the Payment of a Bounty in respect of the Production of certain Books

BOUNTY (BOOKS) ACT 1969 - SECT 1
Short title

SECT

1. This Act may be cited as the Bounty (Books) Act 1969.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BOUNTY (BOOKS) ACT 1969 - SECT 2
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BOUNTY (BOOKS) ACT 1969 - SECT 3
Interpretation

SECT

3. (1) In this Act, unless the contrary intention appears-
"Australian book" means a book each production process in relation to which was carried out at registered premises;
"authorized person" means a person who is, for the time being, an authorized person for the purposes of this Act by virtue of an appointment under section 12;
"book" means a publication that is in book form;
"bounty" means bounty under this Act, and includes an advance on account of bounty under section 10;
"childrens picture book" means a book intended for children in which pictures provide the principle interest, whether the pictures are complete or include pictures intended to be coloured or to have any other thing done to them, or are intended to be made or completed by the joining of dots or otherwise;
"Collector" means collector of Customs for a State or for a Territory;
"document" includes book;
"manufacturer" means a person who carries out all or any of the production processes in relation to books and, in relation to a particular book, means-
(a) where one person carries out all the production processes in relation to the book-that person; or
(b) where two or more persons respectively carry out different production processes in relation to the book-each of those persons;
"production", in relation to a book, means the printing and binding of the book, and includes all production processes carried out in relation to the book, and "produce" has a corresponding meaning;
"production process" means any process carried out in the course of the printing or binding of books and, in relation to a particular book, means such a process so carried out in relation to that book;
"protective cover", in relation to a book, means a cover for sale with the book, being a cover that is intended to protect the book while the book is in use;
"recognized educational institution" means-
(a) an institution, authority or body that is a tertiary education institution for the purposes of the Student Assistance Act 1973;
(b) a school or similar institution that is a school for the purposes of the Commonwealth Schools Commission Act 1973; or
(c) any other educational institution, authority or body that the Minister declares in writing to be a recognized educational institution for the purposes of this Act;
"registered premises" means premises registered by the Minister under section 11;
"textbook" means a book intended for use solely or principally in connexion with education provided at or by a recognized educational institution or recognized institutions, but does not include a book that is, in whole or in substantial part, a collection of examination papers, or copies of examination papers, used in past examinations;
"the Comptroller-General" means the Comptroller-General of Customs;
"the period to which this Act applies" means the period that commenced on 1 June 1969 and ends on 31 December 1986;
"the publisher", in relation to a book, includes a publisher who is also the sole manufacturer or a manufacturer of the book;
"the sole manufacturer", in relation to a book, means a manufacturer of the book who carries out all the production processes in relation to the book.


(1A) A book shall not, for the purposes of this Act, be deemed not to be an Australian book by reason only that film, including film of the proposed text of the book, photographed outside Australia is used in the production of the book.

(2) A book shall not, for the purposes of this Act, be deemed not to be an Australian book by reason only that it is printed on paper not manufactured in Australia or that materials not manufactured in Australia are used in the binding of the book.

(2A) For the purposes of this Act, a publication shall not be taken to be in book form unless the pages of the publication are fastened together in covers made of paper, cardboard, cloth or other material by-
(a) sewing;
(b) perfect binding;
(c) saddle or side stapling;
(d) spiral, cone, ring or post binding; or
(e) other means approved by the Comptroller-General for the purposes of this sub-section, not being the use of flexible adhesive affixed to one edge of the publication.


(2B) For the purposes of this Act, other than section 11, art work in relation to a book that is not carried out at registered premises shall not be taken to be a production process in relation to the book.

(3) Where the publisher of a book enters into an agreement with a manufacturer for the carrying out of all or any of the production processes in relation to the book and the manufacturer arranges for all or some of those processes to be carried out by another manufacturer, those other processes shall, for the purposes of this Act, be deemed to have been carried out by the first-mentioned manufacturer.

(4) For the purposes of this Act, a person shall be deemed to have contributed to the production of a book if-
(a) whether or not he is the publisher of the book, he is the manufacturer or a manufacturer of the book; or
(b) he is the publisher of the book and he supplied any paper or binding materials free of charge to the manufacturer or a manufacturer of the book for use in the production of the book.


(5) For the purposes of this Act, 2 persons shall be taken to be business associates if-
(a) one has an interest, whether direct or indirect, in the business or property of the other;
(b) both have an interest, whether direct or indirect, in the same business or property; or
(c) another person has an interest, whether direct or indirect, in the business or property of each of them.


(6) For the purposes of paragraph (5) (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.

(7) For the purposes of this Act, the price paid or payable by a person for the production of a book, for a production process or production processes in relation to a book, or for paper or binding materials, shall be taken to be the gross price that he is charged for that production, for that production process or those production processes, or for that paper or those materials, as the case may be, less the amount of any rebate or discount allowable in respect of the price, not being a rebate or discount for cash payment or prompt payment.

(8) For the purposes of this Act, the production of a book shall be taken to have been completed and the book produced when the binding of the book is completed, notwithstanding that a protective cover for the book has not been produced or has been produced but not put on the book.

BOUNTY (BOOKS) ACT 1969 - SECT 3A
Bounty not payable in respect of certain books

SECT

3A. (1) Bounty is not payable in respect of-
(a) a book that is a magazine or other periodical, including a magazine or other periodical issued annually;
(b) a book that is-
(i) produced for advertising purposes by or for a person specified in the book; or
(ii) devoted, in whole or in substantial part, to advertising, including advertising relating to tourism;
(c) a book that is a directory, guide or timetable or similar publication relating, in whole or in substantial part, to Australia or a place or places in Australia;
(d) a book that is designed for use as a calendar, as an exercise book or as a diary, notebook, receipt book or other book for making entries;
(e) a book the text of which consists of the words that are to be spoken or sung by an actor or other performer when performing, being a book designed for use solely or principally by performers;
(f) a book the contents of which consist in whole or in substantial part of specifications or bills of quantity relating to a building or other structure or to plant, equipment or works, including such specifications for commercial or industrial purposes;
(g) a book the pages of which are, or any page of which is, produced by means of photocopying;
(h) a book the contents of which consist in whole or in substantial part of tender documents or proposals relating to a building;
(j) a book the contents of which consist in whole or in substantial part of a town planning report;
(k) a textbook or childrens picture book that is not casebound and the printed pages of which are fewer in number than 16;
(l) a book (not being a textbook or childrens picture book) that is not casebound and the printed pages of which are fewer in number than 49;
(m) a book that is intended to be taken to pieces or is otherwise not intended to be used as a book;
(n) a book that is not one of 1,000 or more copies of a book produced by a manufacturer or manufacturers in the same production run;
(p) a book-
(i) all or a substantial number of the copies of which are intended to be used by one organization or by associated organizations; and
(ii) that has been produced by that organization or by one of those associated organizations, as the case may be; or
(q) a book-
(i) the majority of the leaves of which contain shapes intended to be cut out or otherwise removed; or
(ii) any leaf of which forms, or is intended to be used to form, a figure or object that is in 3 dimensions or is on a plane different from that of the leaf.


(2) Where, in relation to a textbook or childrens picture book that is not casebound and the printed pages of which are not fewer in number than 16, the Minister is of the opinion that the printed material that is essential to the book could, without altering the character of the book, be published in a book the printed pages of which are fewer in number than 16, he may, in writing, direct that, for the purposes of this section, the book is to be treated as a book to which paragraph 1 (k) applies.

(3) Where, in relation to a book (not being a textbook or childrens picture book) that is not casebound and the printed pages of which are not fewer in number than 49, the Minister is of the opinion that the printed material that is essential to the book could, without altering the character of the book, be published in a book the printed pages of which are fewer in number than 49, he may, in writing, direct that for the purposes of this section, the book is to be treated as a book to which paragraph (1) (l) applies.

(4) A book shall not be taken to be a book to which paragraph (1) (d) applies by reason only that it contains spaces for answering questions contained in the book.

(5) For the purposes of paragraph (1) (n), any two copies of a book produced by a manufacturer or manufacturers shall not be taken to have been produced by the manufacturer or manufacturers in the same production run if, at the time the production of one of the copies was completed, the manufacturer or manufacturers had not commenced, or had commenced but not completed, the production of the other copy and did not intend to produce, or complete the production of, that other copy, as the case requires, in any circumstances or except in certain circumstances.

(6) Without limiting the generality of paragraph (1) (p), copies of a book shall, for the purposes of that paragraph, be taken to be intended to be used by an organization if the copies are intended to be used by a group or class of persons associated with the organization or by the employees, agents, customers or intended customers of the organization.

(7) For the purposes of paragraph (1) (p), a book shall be taken to have been produced by an organization if the book is produced, or a production process in relation to the book is carried out, by a manufacturer who-
(a) has a direct or indirect relationship with that organization (not being the relationship created by the agreement to produce that book or carry out that production process); and
(b) does not carry out a substantial amount of printing, binding or work related to printing or binding for persons other than that organization and persons who have a direct or indirect relationship with that organization.


(8) In this section-
"contents", in relation to a book, means the matter in the book, and includes any text, picture, map or plan in the book;
"cover", in relation to a book, includes a protective cover;
"leaf", in relation to a book, includes a cover of the book;
"organization" includes a person or an institution or a group of persons engaged in a common activity;
"page", in relation to a book, does not include a cover of the book or any page which is not an essential part of the book;
"printed matter" includes pictorial material produced by means other than printing;
"printed page" means a page that contains printed material.


BOUNTY (BOOKS) ACT 1969 - SECT 4
Cost of manufacture

SECT

4. (1) For the purposes of this Act-
(a) the manufacturing cost component of a book, in relation to a person who is the manufacturer or a manufacturer of the book, shall, subject to sub-sections (2), (2A) and (3), be deemed to be-
(i) where the person is the sole manufacturer of the book and is not the publisher of the book-the price paid or payable to him by the publisher of the book for the production of the book;
(ii) where the person is one of 2 or more manufacturers of the book and is not the publisher of the book-the price paid or payable to him by the publisher of the book for the production process or production processes carried out by him in relation to the book;
(iii) where the person is the sole manufacturer of the book and is also the publisher of the book-the cost to him of producing the book; or
(iv) where the person is one of 2 or more manufacturers of the book and is also the publisher of the book-the cost to him of carrying out any production process or production processes in relation to the book; and
(b) the total manufacturing cost of a book shall be deemed to be-
(i) where a person is the sole manufacturer of the book-the amount that is the manufacturing cost component of the book in relation to that person; or
(ii) where 2 or more persons are manufacturers of the book-the sum of the amounts that are the manufacturing cost components of the book in relation to those persons.


(2) Where the Minister is of the opinion that there are reasonable grounds for believing that the price paid or payable to the manufacturer or a manufacturer of a book for the production of the book or for any production process or production processes carried out in relation to the book, being the price that, under sub-paragraph (1) (a) (i) or (ii), is, subject to this sub-section and sub-section (2A), the manufacturing cost component of the book in relation to that manufacturer, was fixed with a view to increasing the amount of bounty payable in respect of the book, the Minister may, by instrument in writing, determine that, for the purposes of this Act, that manufacturing cost component is such lower amount as would, in his opinion, have been the amount of the manufacturing cost component if that price had not been fixed with a view to increasing the amount of bounty so payable.

(2A) Where-
(a) a person who is the manufacturer or a manufacturer of a book is a business associate of the publisher of the book; and
(b) the Minister is of the opinion that there are reasonable grounds for believing that the price paid or payable to that person for the production of the book or for any production process or production processes carried out in relation to the book, being the price that, under sub-paragraph (1) (a) (i) or (ii), is, subject to this sub-section and sub-section (2) the manufacturing cost component of the book in relation to that person, is greater than the price that, if the publisher had had the book produced or that production process or those production processes carried out by a manufacturer who was not a business associate of the publisher, would, in the ordinary course of business, have been charged by that other manufacturer for the production of the book or for that production process or those production processes,
the Minister may, by instrument in writing, determine that, for the purposes of this Act, that manufacturing cost component is such lower amount as would, in his opinion, have been the amount of that component if that price paid or payable had been equal to the price that would have been so charged by the other manufacturer if the publisher had had the book so produced or that process or those processes so carried out.

(3) Where the Minister is of the opinion that there are reasonable grounds for believing that the amount that the publisher of a book states is the cost to the publisher of producing the book or of carrying out any production process or production processes in relation to the book, being the cost that, under sub-paragraph (1) (a) (iii) or (iv), is, subject to this sub-section, the manufacturing cost component, or part of the manufacturing cost component, as the case may be, of the book in relation to the publisher, is greater than the price that, if the publisher had had the book produced or that production process or those production processes carried out by another manufacturer, would, in the ordinary course of business, have been charged by that other manufacturer for the production of the book or for that production process or those production processes, the Minister may, by instrument in writing, determine that, for the purposes of this Act, that manufacturing cost component is such lower amount as would, in his opinion, have been the amount of that manufacturing cost component if the publisher had had the book so produced or that process or those processes so carried out.

(4) Where the Minister makes a determination under sub-section (2), (2A) or (3) in relation to the amount that is the manufacturing cost component of a book in relation to a person, he shall give notice of the determination to that person.

(5) A reference in sub-section (1) to the price paid or payable to the manufacturer or a manufacturer of a book by the publisher of the book for the production of the book or for any production process or production processes carried out in relation to the book shall be read as including a reference to any part of that price that relates to the cost to the manufacturer of any paper or binding materials used by him in the production of the book or in carrying out that production process or those production processes, other than the cost to him of any such paper or binding materials purchased by him from the publisher of the book and a reference in that sub-section to the cost to the manufacturer or a manufacturer of a book, being the publisher of the book, of producing the book or of carrying out any production process or production processes in relation to the book shall be read as including a reference to the cost to him of any paper or binding materials used by him in the production of the book or in carrying out that production process or those production processes.

(6) A reference in sub-section (1) to the price paid or payable to the manufacturer or a manufacturer of a book by the publisher of the book for the production of the book or for any production process or production processes carried out in relation to the book shall be read as including a reference to any price paid by the publisher for the cost to the manufacturer of any protective cover for use with the book and for the cost to the manufacturer of any packaging of the book for the purposes of transport or sale, and a reference in that sub-section to the cost to the manufacturer or a manufacturer of the book, being the publisher of the book, of producing the book or of carrying out any production process or production processes in relation to the book shall be read as including a reference to the cost to him of any protective cover for use with the book and to the cost to him of any packaging of the book for the purposes of transport or sale.

BOUNTY (BOOKS) ACT 1969 - SECT 4AA
Publishers paper costs

SECT

4AA. (1) For the purposes of this Act, the publishers paper costs in relation to a book shall, subject to sub-sections (2) and (3), be deemed to be the price or sum of the prices (if any) paid or payable by the publisher of the book for all paper or binding materials supplied by him free of charge to the manufacturer, a manufacturer or manufacturers of the book for use in the production of the book.

(2) Where the Minister is of the opinion that there are reasonable grounds for believing that the price paid or payable by the publisher of a book for paper or binding materials supplied by him to the manufacturer, a manufacturer or manufacturers of the book, being the price that, or a price included in the prices the sum of which, under sub-section (1), is, subject to this sub-section and sub-section (3), the publishers paper costs in relation to the book, was fixed with a view to increasing the amount of bounty payable in respect of the book, the Minister may, by instrument in writing determine that, for the purposes of this Act, those publishers paper costs are such lower amount as would, in his opinion, have been the amount of those costs if that price had not been fixed with a view to increasing the amount of bounty so payable.

(3) Where-
(a) paper or binding materials supplied free of charge by the publisher of a book to the manufacturer, a manufacturer or manufacturers of the book for use in the production of the book were purchased by the publisher from a person who is a business associate of the publisher; and
(b) the Minister is of the opinion that there are reasonable grounds for believing that the price paid or payable by the publisher for that paper or those materials, being the price that, or a price included in the prices the sum of which, under sub-section (1), is, subject to this section and sub-section (2), the publishers paper costs in relation to the book, is greater than the price that, if the publisher had purchased that paper or those materials from another person who was not a business associate of the publisher, would, in the ordinary course of business, have been charged by that other person for that paper or those materials,
the Minister may, by instrument in writing, determine that, for the purposes of this Act, the publishers paper costs in relation to that book are such lower amount as would, in his opinion be the amount of those costs if the amount of that price paid or payable had been equal to the price that would have been so charged by that other person if the publisher had purchased that paper or those materials from that other person.

(4) Where the Minister makes a determination under sub-section (2) or (3) in relation to the amount that is the publishers paper costs in relation to a book, he shall give notice of the determination to the publisher of that book.

BOUNTY (BOOKS) ACT 1969 - SECT 4A
Uniformity

SECT

4A. 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 (iii) of section 51 of the Constitution.

BOUNTY (BOOKS) ACT 1969 - SECT 5
Specification of bounty

SECT

5. Subject to this Act, bounty is payable in respect of Australian books produced during the period to which this Act applies, other than books produced in pursuance of an agreement which, or agreements all or any of which, was or were entered into before the commencement of that period between the publisher of the book and the manufacturer or manufacturers of the book.

BOUNTY (BOOKS) ACT 1969 - SECT 6
Rates of bounty

SECT

6. (1) Subject to sub-section (2), the bounty in respect of a book produced after 31 December 1979 is-
(a) in the case of a book produced before 1 January 1983-331/3% of the total manufacturing cost of the book;
(b) in the case of a book produced on or after 1 January 1983 and before 1 January 1984-30% of the total manufacturing cost of the book; and
(c) in the case of a book produced on or after 1 January 1984-25% of the total manufacturing cost of the book.


(2) Where the publisher of a book produced after 31 December 1979 supplied any paper or binding materials free of charge to the manufacturer or a manufacturer of the book for use in the production of the book, bounty in respect of the book ascertained in accordance with sub-section (1) shall be increased by an amount equal to-
(a) in the case of a book produced before 1 January 1983-25% of the publishers paper costs in relation to the book;
(b) in the case of a book produced on or after 1 January 1983 and before 1 January 1984-23% of the publishers paper costs in relation to the book; and
(c) in the case of a book produced on or after 1 January 1984-20% of the publishers paper costs in relation to the book.


BOUNTY (BOOKS) ACT 1969 - SECT 7
To whom bounty payable

SECT

7. (1) The bounty in respect of a book is payable-
(a) where one person only contributed to the production of the book-to that person; or
(b) where 2 or more persons contributed to the production of the book-to those persons.


(2) Where the bounty in respect of a book, not being a bounty increased by virtue of sub-section 6 (2), is payable to 2 or more persons who contributed to the production of the book, each of those persons is entitled to so much of the bounty as bears to the amount of the bounty the same proportion as the amount that is the manufacturing cost component of the book in relation to the person bears to the total manufacturing cost of the book.

(3) Where the bounty in respect of a book has been increased by virtue of sub-section 6 (2)-
(a) the person who contributed to the production of the book and is the publisher of the book is entitled to so much of the bounty as is equal to the amount of the increase (whether or not he is a manufacturer of the book and is also entitled to a share of the balance of the bounty under sub-paragraph (b) (ii)); and
(b) a person who contributed to the production of the book and is a manufacturer of the book is entitled-
(i) where he is the sole manufacturer-to the balance of the bounty; and
(ii) where there are 2 or more manufacturers of the book-to so much of the balance of the bounty as bears to the amount of the balance of the bounty the same proportion as the amount that is the manufacturing cost component of the book in relation to the person bears to the total manufacturing cost of the book.

BOUNTY (BOOKS) ACT 1969 - SECT 8
Bounty not payable in respect of certain books

SECT

8. (1) Bounty is not payable in respect of a book if the printing or publishing of the book by a person, or the sending by a person of the book through the post, constitutes or would constitute an offence by the person against a law of the Commonwealth or of a Territory.

(2) Bounty is not payable in respect of a book produced by the Commonwealth or a State.

(3) Bounty is not payable in respect of a book that is a prohibited import.

(4) For the purposes of sub-section (3), a book is a prohibited import if, in the event of its being outside Australia-
(a) its importation into Australia would be prohibited absolutely by a law of the Commonwealth; or
(b) its importation into Australia would be prohibited by a law of the Commonwealth unless permission for the purposes of that law were obtained and the Minister is satisfied that unconditional permission to import an unlimited number of copies of the book would not be granted for the purposes of that law.


(5) The regulations may provide that, for the purposes of the consideration by the Minister of the application of sub-sections (3) and (4) in relation to a book, he may obtain a report in relation to the book from any board or other body established under a law of the Commonwealth for the purpose of giving advice in relation to the importation of books into Australia, and provision may be made by the regulations for the review of a report so furnished.

BOUNTY (BOOKS) ACT 1969 - SECT 9
Bounty not payable unless Act and regulations complied with

SECT

9. Bounty is not payable to a person in respect of a book unless he satisfies the Minister that the requirements of this Act and the regulations have been substantially complied with by him.

BOUNTY (BOOKS) ACT 1969 - SECT 9A
Approval of payment of bounty

SECT

9A. Where an application for bounty in respect of a book is lodged in accordance with the regulations, the Minister shall-
(a) if he is satisfied that bounty is payable in respect of that book-approve the payment of the bounty; or
(b) if he is not so satisfied-refuse to approve payment of the bounty.


BOUNTY (BOOKS) ACT 1969 - SECT 10
Advances

SECT

10. (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 a person receives by way of advances in respect of bounty in relation to any book an amount greater than the amount of bounty payable to him in respect of the book, he is liable to repay to the Commonwealth the amount of the excess, and the Commonwealth may recover the amount of the excess as a debt due to the Commonwealth by action in a court of competent jurisdiction.

BOUNTY (BOOKS) ACT 1969 - SECT 11
Registration of premises

SECT

11. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connexion with the carrying out at registered premises of any production process in relation to books.

(2) Where a person carries out, or proposes to carry out, at any premises in Australia any production process in relation to books, he may apply to the Minister for the registration of the 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 to him 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.

(4A) The Minister shall not register premises for the purposes of this Act if the only production process carried out or proposed to be carried out on the premises is art work or the only production processes carried out or proposed to be carried out on the premises are art work and another process that does not involve, or other processes none of which involves, the use of a significant amount of equipment.

(5) Subject to this section, if, in the opinion of the Minister, any production process in relation to books 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.

(6) If the Minister so determines, the registration shall be deemed to have taken effect from a date specified by the Minister, which may be a date before the commencement of this Act.

(7) Where the Minister is satisfied-
(a) that no production process in relation to books is being carried out at registered premises;
(b) that no production process in relation to books is being carried out at registered premises by the person who applied for registration of the premises; or
(c) if any conditions have been prescribed under sub-section (1), that a production process in relation to books is being carried out at the premises otherwise than in accordance with those conditions,
he 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.

(8) The Minister shall not register premises at which a production process in relation to books is carried out by the Commonwealth or a State.

(9) For the purposes of the application of section 29 of the Acts Interpretation Act 1901-1966 to the service by post of a notice under sub-section (7), 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.

BOUNTY (BOOKS) ACT 1969 - SECT 11A
Accounts

SECT

11A. 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 production of, and the carrying out of production processes in relation to, Australian books and such other information in relation to Australian books as the Minister requires.

BOUNTY (BOOKS) ACT 1969 - SECT 12
Appointment of authorized persons

SECT

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

BOUNTY (BOOKS) ACT 1969 - SECT 13
Stocktaking and inspection of production and accounts, &c.

SECT

13. (1) For the purposes of this Act, an authorized person may, at all reasonable times, enter-
(a) registered premises; or
(b) any premises where books in respect of which bounty has been claimed, or, in the opinion of the authorized person, is likely to be claimed, are stored,
and may-
(c) inspect or take stock of any books;
(d) inspect any production process; and
(e) inspect the accounts and documents relating to the production of books.


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

Penalty: $100.

BOUNTY (BOOKS) ACT 1969 - SECT 14
Power to require person to answer questions and produce documents

SECT

14. (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 relation to the production of books 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 and documents in relation to the production of books 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 or documents produced in pursuance of this section.

(3) A person is not excused from answering a question or producing any accounts or documents when required so to do under this section on the ground that the answer to the question or the production of the accounts or documents 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 17 (1) (c) or paragraph 17 (2) (c).

(4) Where a person who has contributed to the production of books, or a person employed by such a person, has failed to attend or to answer a question, or to produce any account or document, when required so to do under this section, bounty is not payable to the person who has so contributed unless the Minister otherwise directs, until he or the employee has attended, answered the question or produced the account or document, as the case may be.

BOUNTY (BOOKS) ACT 1969 - SECT 15
Power to examine on oath

SECT

15. (1) The Comptroller-General, a Collector or an authorized person may administer an oath to a person required to attend before him in pursuance of the last preceding section and may examine that person on oath.

(2) Where any such person conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him.

(3) An affirmation so made is of the same force and effect, and entails the same penalties, as an oath.

BOUNTY (BOOKS) ACT 1969 - SECT 16
Securities

SECT

16. The Minister may require a manufacturer of books 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 the manufacturer is not entitled to bounty unless he gives security accordingly.

BOUNTY (BOOKS) ACT 1969 - SECT 17
Offences

SECT

17. (1) A person shall not 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 or document,
when so required in pursuance of this Act.


Penalty: $100.


(2) A person shall not-
(a) obtain bounty that is not payable;
(b) obtain payment of bounty by means of a false or misleading statement; or
(c) present to an officer or other person doing duty in relation to this Act or the regulations an account or document, or make to such an officer or person 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 the last preceding sub-section, 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.

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

BOUNTY (BOOKS) ACT 1969 - 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 the number of books produced during that financial year in respect of which 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.

(3) For the purposes of this section, the period that commenced on 1 June 1969, and ends on 30 June 1970, shall be deemed to be a financial year.

BOUNTY (BOOKS) ACT 1969 - 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 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.

BOUNTY (BOOKS) ACT 1969 - SECT 19A
Notices of determinations

SECT

19A. (1) Where the Minister is required by this Act to give notice of a determination to a person, that notice shall be in writing and shall be given by being served on that person either personally or by post.
(2) For the purposes of the application of section 29 of the Acts Interpretation Act 1901 to the service by post of a notice referred to in sub-section (1), a notice posted as a letter addressed to the person to whom the notice is to be given at the last address of that person known to the Minister shall be deemed to be properly addressed.

BOUNTY (BOOKS) ACT 1969 - SECT 20
Appropriation

SECT

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

BOUNTY (BOOKS) ACT 1969 - SECT 20A
Applications for review

SECT

20A. Applications may be made to the Administrative Appeals Tribunal for review of-
(a) a direction by the Minister given under sub-section 3A (2);
(aa) a direction by the Minister given under sub-section 3A (3);
(b) a determination by the Minister made for the purposes of sub-section 4 (2);
(ba) a determination by the Minister made for the purposes of sub-section 4 (2A);
(c) a determination by the Minister made for the purposes of sub-section 4 (3);
(ca) a determination by the Minister made for the purposes of sub-section 4AA (2);
(cb) a determination by the Minister made for the purposes of sub-section 4AA (3);
(d) a decision of the Minister under section 9;
(e) an approval of the Minister given under section 9A or a refusal of the Minister to give an approval under that section, not being a refusal by virtue of sub-section 8 (3);
(f) a refusal of the Minister to register premises under section 11, not being a refusal by virtue of sub-section 11 (4A);
(g) a determination by the Minister made for the purposes of sub-section 11 (6) or a refusal of the Minister to make a determination for the purposes of that sub-section;
(h) a decision of the Minister made for the purposes of sub-section 11 (7); and
(j) a determination by the Minister of an amount of security made for the purposes of section 16.


BOUNTY (BOOKS) ACT 1969 - SECT 21
Regulations

SECT

21. 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.