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Bounty (Paper) Act 1979

Act No. 72 of 1979 as amended, taking into account amendments up to Act No. 26 of 1982
Registered 23 Nov 2009
Start Date 04 Jun 1982
End Date 16 Jun 1990
Date of repeal 16 Jun 1990
Repealed by Bounty Legislation Amendment Act 1990

BOUNTY (PAPER) ACT 1979 [Note: This Act is "repealed" by Act No. 42 of 1990]
(#DATE 31:03:1985)

Compilation Information

- Reprinted as at 31 March 1985
*1*The Bounty (Paper) Act 1979 as shown in this reprint comprises Act No. 72, 1979 amended as indicated in the Tables below.
Table of Acts
--------------------------------------------------------------------------------
Application,
saving or
Number Date Date of transitional
Act and of Assent commencement provisions
year
--------------------------------------------------------------------------------
Bounty (Paper) 72, 15 June 6 Feb 1979
1979 1979
Act 1979 Statute Law 26, 7 May 1982 Part X (s. 72): 4 S.72 (2) and (3)
1982 June
(Miscellaneous 1982 (a)
Amendments) Act (No. 1) 1982
--------------------------------------------------------------------------------
(a) The Bounty (Paper) Act 1979 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 as follows:
"(12) The remaining provisions of this Act shall come into operation on the
twenty-eighth
day after the day on which this Act receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
--------------------------------------------------------------------------------
Provision affected How affected
--------------------------------------------------------------------------------
S. 20 . . . . . . . . . am. No. 26, 1982
--------------------------------------------------------------------------------

BOUNTY (PAPER) ACT 1979 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

3. Interpretation

4. Periods to which Act applies

5. Uniformity

6. Specification of bounty

7. Rate of bounty

8. Limit of available bounty

9. Advances on account of bounty

10. Good quality essential

11. Approval of payment of bounty

12. Registration of premises

13. Accounts

14. Securities

15. Appointment of authorized persons

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

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

18. Power to examine on oath, &c.

19. Offences

20. Return for Parliament

21. Delegation

22. Applications for review

23. Appropriation

24. Regulations

BOUNTY (PAPER) ACT 1979 - LONG TITLE

SECT

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

BOUNTY (PAPER) ACT 1979 - SECT 1
Short title

SECT

1. This Act may be cited as the Bounty (Paper) Act 1979.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BOUNTY (PAPER) ACT 1979 - SECT 2
Commencement

SECT

2. This Act shall be deemed to have come into operation on 6 February 1979.

BOUNTY (PAPER) ACT 1979 - SECT 3
Interpretation

SECT

3. (1) In this Act, unless the contrary intention appears -
"authorized person" means a person who is an authorized person for the
purposes of this Act by virtue of an appointment under section 15;
"bountiable coated paper" means coated paper -
(a) the substance of which is greater than 22 grams per square metre but
is not greater than 67 grams per square metre; and
(b) that contains more than 50%, or such other percentage as is
prescribed, by weight of mechanical pulp;
"bountiable paper" means bountiable coated paper or bountiable uncoated
paper;
"bountiable uncoated paper" means uncoated paper -
(a) that is not machine glazed;
(b) at least one side of which is of a prescribed brightness;
(c) the substance of which is -
(i) greater than 22 grams per square metre but less than 34 grams
per square metre; or
(ii) greater than 40 grams per square metre but not greater than 205
grams per square metre;
(d) that contains more than 55% by weight of mechanical pulp; and
(e) that, when tested by the one-minute Cobb method, absorbs not
more than 45 grams of water per square metre;
"bounty" means bounty under this Act;
"Collector" means a Collector of Customs for a State or Territory;
"Comptroller-General" means the Comptroller-General of Customs;
"Customs Tariff Act" means the Customs Tariff Act 1966 as in force
immediately before the commencement of this Act;
"prescribed brightness" means a brightness of not less than 40 on a scale of
brightness of equal grades 0 to 100 measured by a machine used in the
purposes of this Act by virtue of an appointment under section 15; le,
being a machine approved by the Comptroller-General for the purpose of
this definition;
"prescribed printed matter" means goods of a kind to which, for the purposes
of the Customs Tariff Act, an item in Chapter 49 of Division X of Part II
of Schedule 1 of that Act applies;
"registered premises" means premises registered by the Minister under
section 12.

(2) For the purposes of this Act -
(a) the manufacture of bountiable paper shall be taken to commence with, and
to include, the pulping of the wood, paper or other matter from which the
paper is made; and
(b) the manufacture of bountiable paper shall not be taken to include any
cutting of the paper into sheets for the purpose of selling that paper as
sheets.

(3) Where bounty becomes payable in respect of bountiable paper and the sale of the paper referred to in paragraph 6 (3) (b) took place in a period to which this Act applies, the bounty shall, for the purposes of this Act, be deemed to have become payable in respect of that paper during that period.

BOUNTY (PAPER) ACT 1979 - SECT 4
Periods to which Act applies

SECT

4. The period of 12 months commencing on 6 February 1979 and ending on 5 February 1980 and each of the 7 next succeeding periods of 12 months are periods to which this Act applies.

BOUNTY (PAPER) ACT 1979 - 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 (iii) of section 51 of the Constitution.

BOUNTY (PAPER) ACT 1979 - SECT 6
Specification of bounty

SECT

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

(2) Bounty in respect of bountiable paper is payable to the manufacturer of
the paper.

(3) A manufacturer is not entitled to receive a payment of bounty in respect of bountiable paper unless -
(a) the manufacture of the bountiable paper has been carried out at
registered premises and has been completed during a period to which
this Act applies ;and
(b) during that period or a later period to which this Act applies, the
paper has
been sold by the manufacturer for use in the production in Australia of -
(i) in the case of bountiable coated paper - prescribed printed matter
other than newspapers; and
(ii) in the case of bountiable uncoated paper - prescribed printed matter
other than newspapers or telephone directories.

BOUNTY (PAPER) ACT 1979 - SECT 7
Rate of bounty

SECT

7. The rate at which bounty is payable in respect of bountiable paper is -
(a) in the case of bountiable coated paper - $90 per tonne of the weight of
the paper at the time of its sale by the manufacturer; and
(b) in the case of bountiable uncoated paper - $70 per tonne of the weight
of the paper at the time of its sale by the manufacturer.

BOUNTY (PAPER) ACT 1979 - SECT 8
Limit of available bounty

SECT

8. (1) The amount available for payment of bounty in respect of bountiable paper in respect of which bounty becomes payable during a period to which this Act applies is $2,500,000.

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

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

BOUNTY (PAPER) ACT 1979 - SECT 9
Advances on account of bounty

SECT

9. (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 period to which this Act applies, a person has received during that period, by way of advance on account of bounty, an amount greater than the amount of bounty that became payable to him under this Act during that period, he is liable to repay to the Commonwealth the amount of the excess, and that amount may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.

BOUNTY (PAPER) ACT 1979 - SECT 10
Good quality essential

SECT

10. Bounty is not payable in respect of bountiable paper unless the Comptroller-General is satisfied that it is of good and merchantable quality.

BOUNTY (PAPER) ACT 1979 - SECT 11
Approval of payment of bounty

SECT

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

BOUNTY (PAPER) ACT 1979 - SECT 12
Registration of premises

SECT

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

(2) Where a person carries on, or proposes to carry on, the manufacture at
any premises of bountiable paper, he may apply to the Minister for 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 17 October 1978,
engaged in the manufacture of bountiable paper at the premises to which the application relates, the Minister shall refuse to register the premises unless, in the opinion of the Minister, the registration of the premises would promote the orderly development of the manufacture in Australia of bountiable paper.

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

(7) If the Minister so determines, the registration shall be deemed to have
taken effect on and from a date specified by the Minister, which, in the case of the registration of premises at which the manufacture of bountiable paper was carried out before 17 October 1978, may be a date earlier than 6 February 1979.

(8) Where the Minister is satisfied, in respect of any registered premises -
(a) that bountiable paper is not being manufactured at the premises;
(b) that the manufacture of bountiable paper at the premises is not being
carried on by the person who applied for the registration of the premises;
or
(c) if any conditions have been prescribed under sub-section (1), that
bountiable
paper that is being manufactured at registered premises is 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 who applied for the registration of the premises, on that person, cancel the registration of the premises.

(9) 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 (8) 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.

BOUNTY (PAPER) ACT 1979 - SECT 13
Accounts

SECT

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

BOUNTY (PAPER) ACT 1979 - SECT 14
Securities

SECT

14. The Minister may require a manufacturer of bountiable paper 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 (PAPER) ACT 1979 - SECT 15
Appointment of authorized persons

SECT

15. The Minister may, by writing signed by him, appoint a person to be an authorized person for the purposes of this Act.

BOUNTY (PAPER) ACT 1979 - SECT 16
Stock-taking and inspection of manufacture and accounts, &c.

SECT

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

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

Penalty: $100.

BOUNTY (PAPER) ACT 1979 - SECT 17
Power to require persons to answer questions and produce documents

SECT

17. (1) The Comptroller-General, a Collector or an authorized person 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, storage, sale or use of bountiable paper 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, storage, sale or use of bountiable paper as are referred to in the notice.

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

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

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

BOUNTY (PAPER) ACT 1979 - SECT 18
Power to examine on oath, &c.

SECT

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

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

BOUNTY (PAPER) ACT 1979 - SECT 19
Offences

SECT

19. (1) A person shall not, without reasonable excuse, refuse or fail -
(a) to attend before the Comptroller-General, a Collector or an authorized
person;
(b) to be sworn or make an affirmation; or
(c) to answer a question or produce an account, book, document or other
record,
when so required in pursuance of this Act.

Penalty: $1,000 or imprisonment for 3 months.

(2) A person shall not -
(a) knowingly obtain or attempt to obtain bounty that is not payable;
(b) obtain or attempt to obtain payment of bounty by means of a statement
that he knows to be false or misleading or by means of a document which
to his knowledge contains information that is false or misleading; or
(c) make to an officer or other person doing duty in relation to this Act or
the
regulations, a statement that is false or misleading in a material
particular.

Penalty: $1,000 or imprisonment for 3 months.

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

(4) Where a court has made an order under sub-section (3), 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.

BOUNTY (PAPER) ACT 1979 - SECT 20
Return for Parliament

SECT

20. (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
quantity of bountiable paper in respect of which the bounty was paid; and
(c) such other particulars (if any) as are prescribed.

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

BOUNTY (PAPER) ACT 1979 - SECT 21
Delegation

SECT

21. (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.

BOUNTY (PAPER) ACT 1979 - SECT 22
Application for review

SECT

22. Applications may be made to the Administrative Appeals Tribunal for review of -
(a) a decision of the Comptroller-General made for the purposes of section
10;
(b) an approval of the Minister given under section 11 or a refusal of the
Minister to give an approval under that section;
(c) a refusal of the Minister to register premises under section 12, not
being a refusal by virtue of sub-section 12 (5);
(d) a determination by the Minister made for the purposes of sub-section
12 (7)
or a refusal of the Minister to make a determination for the purposes of
that sub-section;
(e) a decision of the Minister made for the purposes of sub-section 12 (8);
or
(f) a requirement of the Minister under section 14.

BOUNTY (PAPER) ACT 1979 - SECT 23
Appropriation

SECT

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

BOUNTY (PAPER) ACT 1979 - SECT 24
Regulations

SECT

24. 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.