BOUNTY (SHIP REPAIR) ACT 1986 [Note: This Act is "repealed" by Act No. 85 of 1995]
(#DATE 31:01:1991)
Compilation Information
- Reprinted as at 31 January 1991
*1*The Bounty (Ship Repair) Act 1986 as shown in this reprint comprises Act
No. 128, 1986 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Bounty (Ship Repair) Act 1986
128, 1986 9 Dec 1986 10 Oct 1986
Bounty and Subsidy Legislation Amendment Act 1987
54, 1987 5 June 1987 Part II (ss. 4-8): 5 Sept 1986 S. 2 (6)-(8)
Ss. 10 (a) and 12: 1 Jan 1987
Part V (ss. 16-19): 20 Aug 1986
Part VI (ss. 20 and 21):
15 Apr 1986
Remainder: Royal Assent
Bounty and Subsidy Legislation Amendment Act 1988
28, 1988 11 May 1988 11 May 1988 S. 2 (2)-(7)
________________________________________________________________________________
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
________________________________________________________________________________
Provision affected
How affected
S. 4
am. No. 28, 1988
S. 7
am. No. 54, 1987
S. 10
am. No. 54, 1987
S. 12
am No. 54, 1987
BOUNTY (SHIP REPAIR) ACT 1986 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. General administration of Act
4. Interpretation
5. Repairs on certain voyages taken to be carried out in Australia
6. Service periods
7. Cost of repair
8. Determination of cost
9. Uniformity
PART II-BOUNTY
10. Specification of bounty
11. Bounty not payable if ship detained
12. Limit of bounty
13. Rate of bounty
PART III-PAYMENT OF BOUNTY
14. Claims for payment of bounty
15. Variation of inadequate claim
16. Variation of excessive claim
17. Other adjustments of claims
18. Forms
PART IV-ADMINISTRATION
19. Registration of persons
20. Accounts
21. Securities
22. Appointment of authorised officers
23. Inspection of production and accounts etc.
24. Entry on premises
25. Boarding ships
26. Power to require persons to answer questions and produce documents
27. Power to examine on oath etc.
28. Offences
29. Time for prosecutions
30. Recovery of bounty on conviction
31. Recovery of repayments
PART V-MISCELLANEOUS
32. Return for Parliament
33. Delegation
34. Application for review
35. Statement to accompany notice of decisions
36. Appropriation
37. Transitional
38. Regulations
BOUNTY (SHIP REPAIR) ACT 1986 - LONG TITLE
SECT
An Act to provide for the payment of bounty on the production, by way of
repair, of certain ships
BOUNTY (SHIP REPAIR) ACT 1986 - PART I
PART I-PRELIMINARY
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 1
Short title
SECT
1. This Act may be cited as the Bounty (Ship Repair) Act 1986.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 2
Commencement
SECT
2. This Act shall be deemed to have come into operation on 10 October 1986.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 3
General administration of Act
SECT
3. The Comptroller has the general administration of this Act.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 4
Interpretation
SECT
4.(1) In this Act, unless the contrary intention appears:
'approved form' means a form approved by the Comptroller in writing;
'authorised officer' means a person who is an authorised officer for the
purposes of this Act by virtue of an appointment under section 22;
'bountiable ship' means a ship (including a ship registered in, or entitled
to fly the flag of, a foreign country) the deadweight of which exceeds 6,000
tonnes, but does not include:
(a) a ship of the Royal Australian Navy;
(b) a ship that has been solely engaged in the Australian coastal trade
during the period of 12 months preceding the date of the repair contract; or
(c) an off-shore industry vessel, or an off-shore industry mobile unit,
within the meaning of the Navigation Act 1912;
'bounty' means bounty under this Act;
'bounty period' means the period commencing on 10 October 1986 and ending on
9 October 1989;
'Collector' has the same meaning as in the Customs Act 1901;
'Comptroller' means the Comptroller-General of Customs;
'eligible repair', in relation to a bountiable ship, means:
(a) the repair of the structure of the ship;
(b) a repair of the ship specified in paragraphs (a) to (e) (inclusive) of
the definition of 'repair' ; or
(c) a repair of the ship included in a class of repairs declared by the
regulations to be a class of eligible repairs;
'registered repairer' means a person registered by the Minister under
section 19;
'relevant repair', in relation to a bountiable ship, means a repair of the
ship in respect of which bounty is, or could become, payable and, in relation
to the exercise of the powers of an authorised officer, includes a repair
which the officer believes on reasonable grounds is such a repair;
'repair', in relation to a ship, includes:
(a) the repair, modification or conversion of an engine of the ship;
(b) the repair, modification or conversion of an electronic system, an
electrical system, a communications system, an hydraulic system or any other
system of the ship;
(c) the painting of the ship;
(d) the refurbishing or upgrading of the accommodation on the ship; and
(e) the dry docking of the ship;
'repair contract' means a contract between a repairer and the owner or agent
of a ship under which the repairer is to carry out a repair or repairs of the
ship, but does not include:
(a) a contract between a repairer and an associate of the repairer; and
(b) a contract between a repairer and the agent of a ship owned by the
repairer or by an associate of the repairer;
'repairer' means a person who carries out the repair of bountiable ships;
'service contract' means:
(a) a contract between a repairer and the owner of a ship or ships under
which the repairer is to carry out, during a particular period, repairs of the
ship or ships; or
(b) a contract between a repairer and the agent of a ship, or ships, owned
by the one person under which the repairer is to carry out, during a
particular period, repairs of the ship or ships; but does not include:
(c) a contract between a repairer and an associate of the repairer; and
(d) a contract between a repairer and an agent of a ship, or ships, owned
by
the repairer or by an associate of the repairer;
'service period', in relation to a repairer, has the meaning given by
section 6;
'ship' means a vessel used in navigation by water.
(2) For the purposes of this Act, work carried out, or services provided, by
a person on behalf of a repairer shall be taken to have been carried out, or
provided, by the repairer.
(3) For the purposes of this Act, 2 persons shall be deemed to be associates
of each other if, and only if:
(a) both being natural persons:
(i) they are connected by a blood relationship or by marriage or by
adoption; or
(ii) one of them is an officer or director of a body corporate
controlled, directly or indirectly, by the other;
(b) both being bodies corporate:
(i) both of them are controlled, directly or indirectly, by a third
person (whether or not a body corporate);
(ii) both of them together control, directly or indirectly, a third
body corporate; or
(iii) the same person (whether or not a body corporate) is in a
position to cast, or control the casting of, 5% or more of the maximum number
of votes that might be cast at a general meeting of each of them;
(c) one of them, being a body corporate, is, directly or indirectly,
controlled by the other (whether or not a body corporate);
(d) one of them, being a natural person, is an employee, officer or
director
of the other (whether or not a body corporate);
(e) they are members of the same partnership; or
(f) they are trustees or beneficiaries, or one of them is a trustee and
the
other is a beneficiary, of the same trust.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 5
Repairs on certain voyages taken to be carried out in Australia
SECT
5. For the purposes of this Act, an eligible repair of a bountiable ship
shall be taken to be carried out in Australia if the repair is carried out
during:
(a) a direct voyage of the ship between places in Australia; or
(b) a direct voyage of the ship from, and back to, a place in Australia.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 6
Service periods
SECT
6. A repairer who has entered into a service contract may give the
Comptroller notice in writing that the repairer wishes a specified period, or
specified periods, of 12 months occurring during the period during which the
contract is in force (not being a period or periods any part of which is
concurrent with any part of another period of which notice is given under this
section in relation to the contract) to be a service period, or service
periods, of the repairer for the purposes of the contract and, where the
repairer does so, that period or those periods shall, for the purposes of this
Act, be a service period, or service periods, of the repairer for the purposes
of that contract.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 7
Cost of repair
SECT
7.(1) Subject to section 8, the cost of an eligible repair or eligible
repairs of a bountiable ship shall, for the purposes of this Act, be taken to
be the price paid for the repair or repairs under the contract pursuant to
which the repair was, or the repairs were, carried out.
(1A) For the purposes of this Act, the price paid for the repair or repairs
under a contract pursuant to which the repair was, or the repairs were,
carried out, shall be taken to be the gross price payable for the repair or
repairs under the contract less the amount of any rebate or discount allowable
in respect of the price, not being a rebate or discount in respect of the
bounty.
(2) For the purposes of this Act, where a repairer receives from the
Commonwealth, a State or a Territory or an authority of the Commonwealth or of
a State or Territory a grant in respect of:
(a) the eligible repair of a bountiable ship; or
(b) the eligible repair of bountiable ships during a
period; then:
(c) where paragraph (a) applies-the cost of the eligible repair of the
ship
shall be reduced by the amount of the grant; or
(d) where paragraph (b) applies-in the case of each eligible repair of the
ships, the cost of the repair shall be reduced by an amount that bears to the
amount of the grant the same proportion as the amount of the cost of the
repair bears to the sum of the cost of the eligible repairs of those ships
during that period.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 8
Determination of cost
SECT
8. Where the Comptroller:
(a) is unable to verify the cost of an eligible repair of a bountiable
ship;
or
(b) forms the opinion that, having regard to sound accounting principles,
the price by reference to which the cost of an eligible repair of a bountiable
ship was ascertained:
(i) is incorrect;
(ii) is higher than would have been the case if the repairer of the
ship had not marginally priced or similarly disproportionately priced the
repair of goods in respect of which bounty is not payable;
(iii) has been fixed in order to obtain an increase in bounty;
(iv) is unduly higher than a similar price paid by other persons for
similar repairs;
(v) has been increased as the result of the influence of a
relationship between the repairer of the ship and an associate of the
repairer; or
(vi) is higher than would have been the case if the repairer of the
ship had provided services that were provided, and charged for, by an
associate of the repairer; the Comptroller may, by writing signed by him or
her, determine the cost of the eligible repair of the bountiable ship, being
the cost that, having regard to all relevant circumstances, the Comptroller
considers to be appropriate, and the cost of the eligible repair shall, for
the purposes of this Act, be the cost so determined.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 9
Uniformity
SECT
9. A power conferred on the Governor-General, the Minister, the Comptroller
or any other person by this Act shall not be exercised in such a manner that
bounty would not be uniform throughout the Commonwealth within the meaning of
paragraph 51 (iii) of the Constitution.
BOUNTY (SHIP REPAIR) ACT 1986 - PART II
PART II-BOUNTY
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 10
Specification of bounty
SECT
10.(1) Bounty is payable in accordance with this Act on the production, that
is to say, the carrying out of eligible repairs, in Australia of bountiable
ships.
(2) Bounty in respect of an eligible repair of a bountiable ship is payable
to the repairer of the ship.
(3) A repairer who carries out an eligible repair of a bountiable ship is
not entitled to receive a payment of bounty in respect of the repair unless:
(a) the repairer is registered under section 19 as a registered repairer
in
respect of all bountiable ships or of a class of ships in which the ship is
included;
(b) all steps in the repair are carried out during:
(i) a period during which the repairer is so registered; and
(ii) the bounty period;
(c) the repair is carried out pursuant to a repair contract or service
contract;
(d) where the service contract is in writing-the amount of bounty is
reserved, in accordance with the regulations referred to in subsection 12 (2),
in relation to the ship;
(e) where the repair is carried out pursuant to a repair contract-the cost
of the eligible repairs in respect of which, apart from this paragraph, bounty
would be payable that are carried out pursuant to the contract exceeds
$100,000; and
(f) where the repair is carried out pursuant to a service contract-the
cost
of the eligible repairs in respect of which, apart from this paragraph, bounty
would be payable that are carried out pursuant to the contract during the
service period of the repairer for the purposes of the contract during which
all the steps in the repair are carried out exceeds $100,000.
(4) Where the repair of a bountiable ship pursuant to a repair contract is
commenced during the period commencing on 10 October 1986 and ending on 31
December 1986 and completed after that period, the repair shall, for the
purposes of this Act (other than paragraphs 14 (2) (d) and 15 (2) (d)), be
deemed to have been completed on 31 December 1986.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 11
Bounty not payable if ship detained
SECT
11.(1) If the Minister becomes satisfied that a voyage of a ship is being
prevented or delayed by an activity of an organisation of employees for
reasons relating directly or indirectly to the repair of ships, the Minister
may, by writing signed by the Minister, declare that bonty shall cease to be
payable.
(2) Notwithstanding any other provision of this Act, bounty is not payable
in respect of any eligible repair commenced while a declaration is in force.
(3) For the purposes of subsection (2), where the dry-docking of a ship for
the purpose of a known eligible repair being carried out has been commenced
(whether or not it has been completed), that known eligible repair shall be
taken to have been commenced.
(4) Where a declaration is in force during the service period of a repairer
for the purposes of a service contract, paragraph 10 (3) (f) does not apply in
relation to eligible repairs carried out by that repairer pursuant to that
contract during that service period.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 12
Limit of bounty
SECT
12.(1) The amount available for payment of bounty is $6,000,000.
(2) The regulations (in this section referred to as the 'reservation
regulations') shall make provision for and in relation to the reservation of
amounts available for payment of bounty in respect of eligible repairs of
bountiable ships carried out pursuant to service contracts that are in
writing.
(3) The regulations may prescribe the maximum amount that may be reserved
for payment of bounty in respect of the eligible repairs carried out pursuant
to a service contract.
(4) Amounts may be reserved in accordance with the reservation regulations
notwithstanding that, at the time when the application for the reservation is
dealt with, funds are not available for the payment of bounty or the sum of
the amounts reserved exceeds $6,000,000.
(5) Notwithstanding any other provision of this Act, if the Comptroller is
of the opinion that the amount available in a financial year commencing before
1 July 1989 for payment of bounty will be insufficient to meet all valid
claims for the payment of bounty in that year, the Comptroller may, subject to
the regulations:
(a) defer the making of such payments of bounty as the Comptroller
considers
appropriate; and
(b) make payments of bounty in such order as the Comptroller considers
appropriate.
(6) Notwithstanding any other provision of this Act, if the Comptroller is
of the opinion that the amount (in this subsection referred to as the
'relevant amount') available in the financial year commencing on 1 July 1989
for payment of bounty will be or is insufficient to meet all valid claims for
bounty, amounts of bounty in respect of the claims shall, subject to the
regulations, be approved for payment in such order as is determined by the
Comptroller in writing and, when the aggregate of the amounts of bounty
approved for payment equals the relevant amount, no further amounts of bounty
are payable.
(7) Notwithstanding any other provision of this Act, payments of additional
bounty approved under paragraph 15 (4) (a) shall not be made unless and until
all payments of bounty approved under paragraph 14 (3) (a) in the financial
year commencing on 1 July 1989 have been made and, if the amount available for
payment of additional bounty is insufficient to make all payments of
additional bounty, the payments shall be made in such order as is determined
by the Comptroller in writing and, when the aggregate of the amounts of
additional bounty paid equals the amount available, no further amounts of
additional bounty are payable.
(8) The amount available for payment of bounty in respect of eligible
repairs of bountiable ships carried out pursuant to contracts that are not in
writing is the amount by which the amount available for the payment of bounty
under subsection (1) exceeds the sum of the amounts reserved in accordance
with the regulations referred to in subsection (2).
(9) Notwithstanding any other provision of this Act, if money is not
appropriated by the Parliament for the purpose of the payment of bounty in a
financial year, a person is not entitled to be paid bounty in that year.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 13
Rate of bounty
SECT
13.(1) The bounty payable in respect of the eligible repairs of a ship
carried out pursuant to a repair contract is:
(a) where the cost of the repairs does not exceed $400,000-the amount
equal
to 30% of that cost; or
(b) where that cost exceeds $400,000-the sum of $120,000 and the amount
equal to 20% of the difference between that cost and $400,000.
(2) The bounty payable in respect of the eligible repairs of a ship or ships
carried out by a repairer pursuant to a service contract during a service
period of the repairer for the purposes of the contract is:
(a) where the cost of the repairs does not exceed $400,000-the amount
equal
to 30% of that cost; or
(b) where that cost exceeds $400,000-the sum of $120,000 and an amount
equal
to 20% of the difference between that cost and $400,000.
BOUNTY (SHIP REPAIR) ACT 1986 - PART III
PART III-PAYMENT OF BOUNTY
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 14
Claims for payment of bounty
SECT
14.(1) A person who claims to be entitled to be paid an amount of bounty may
lodge a claim for payment to the person of the amount.
(2) A claim under subsection (1) in respect of an eligible repair shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by
the form;
(c) be signed and witnessed as required by section 18; and
(d) be lodged with a Collector for a State, or with the Comptroller,
within
3 months after the repair was completed.
(3) As soon as practicable after the lodgment of the claim, the Comptroller
shall, after examining the claim and causing such inquiries as the Comptroller
considers necessary to be made (including inquiries involving the exercise of
powers under sections 23 and 26):
(a) if the Comptroller is satisfied that the claim complies with
subsection
(2) and that the claimant is, or, if certain estimates are correct, is,
otherwise entitled to be paid an amount of bounty in respect of the elegible
repair to which the claim relates:
(i) except where subparagraph (ii) applies-approve, in writing,
payment of the amount; or
(ii) where:
(A) the amount is different from the amount for which the
claim
was made;
(B) the difference between those amounts is less than $50; and
(C) the Comptroller is satisfied that the difference is not
attributable to the person who made the claim deliberately overclaiming or
underclaiming the amount of bounty;
approve, in writing, payment of the amount claimed; or
(b) if the Comptroller is not so satisfied-refuse, in writing, to approve
payment of bounty in respect of the goods to which the claim relates.
(4) Where the Comptroller makes a decision under subsection (3) in relation
to a claim approving, or refusing to approve, payment of bounty, not being a
decision approving payment of the amount of bounty claimed that is made within
30 days after the lodging of the claim, the Comptroller shall cause to be
served on the person who lodged the claim a notice in writing setting out the
decision.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 15
Variation of inadequate claim
SECT
15.(1) Where a person who has lodged a claim under section 14 (whether or
not the claim has been dealt with under subsection 14 (3)) considers that the
claim was, because of an inadvertent error, a claim for an amount of bounty in
respect of an eligible repair that was less than the amount of bounty that the
person was entitled to claim in respect of the repair, the person may lodge a
claim for payment to the person of the difference between the 2 amounts.
(2) A claim under subsection (1) in respect of an eligible repair shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by
the form;
(c) be signed and witnessed as required by section 18; and
(d) be lodged with a Collector for a State, or with the Comptroller,
within
3 months after the completion of the repair.
(3) Where a claim under subsection (1) relates to a claim under section 13
that has not been dealt with under subsection 14 (3), the 2 claims shall be
dealt with under subsection 14 (3) as if they were one claim under section
13.
(4) As soon as practicable after the lodgment of a claim under subsection
(1) to which subsection (3) does not apply, the Comptroller shall, after
examining the claim and causing such inquiries as the Comptroller considers
necessary to be made (including inquiries involving the exercise of powers
under sections 23 and 26):
(a) if the Comptroller is satisfied that the claim complies with
subsection
(2) and that the claimant is, or, if certain estimates are correct, is,
otherwise entitled to be paid an additional amount of bounty in respect of an
eligible repair to which the claim relates-approve, in writing, payment of the
additional amount; or
(b) if the Comptroller is not so satisfied-refuse, in writing, to approve
payment of an additional amount of bounty in respect of the eligible repair to
which the claim relates.
(5) Where the Comptroller makes a decision under subsection (4) in relation
to a claim approving, or refusing to approve, payment of an additional amount
of bounty, not being a decision approving payment of the additional amount
claimed that is made within 30 days after the lodging of the claim, the
Comptroller shall cause to be served on the person who lodged the claim a
notice in writing setting out the decision.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 16
Variation of excessive claim
SECT
16.(1) Where a person who has lodged a claim under section 14 (whether or
not the claim has been dealt with under subsection 14 (3)) becomes aware that
the claim is for an amount of bounty in respect of an eligible repair that
exceeds the amount of bounty that the person was entitled to claim in respect
of that repair by more than $100, the person shall, within 28 days after
discovering the excess, lodge an acknowledgment of the excess, being an
acknowledgment that complies with subsection (2).
Penalty:
(a) in the case of a natural person-$1,000; or
(b) in the case of a body corporate-$5,000.
(2) An acknowledgment under subsection (1) in respect of an eligible repair
shall:
(a) be in accordance with the appropriate form;
(b) include such information as is, and such estimates as are, required by
the form;
(c) be signed and witnessed as required by section 18; and
(d) be lodged with a Collector for a State or with the Comptroller.
(3) Where an acknowledgment relates to a claim under section 14 that has not
been dealt with under subsection 14 (3), the claim shall be dealt with under
that subsection as if it had been amended in accordance with the
acknowledgment.
(4) Where the Comptroller, after examining an acknowledgment under
subsection (1) to which subsection (3) does not apply and causing such
inquiries as the Comptroller considers necessary to be made (including
inquiries involving the exercise of powers under sections 23 and 26), is
satisfied that there has been an overpayment of a claim by more than $100, the
Comptroller shall cause to be served on the person who lodged the claim a
demand for the repayment of the amount of the overpayment, and that person is
liable to repay that amount to the Commonwealth.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 17
Other adjustments of claims
SECT
17.(1) Subject to subsection (2), if the Comptroller becomes satisfied,
otherwise than after examining an acknowledgment under subsection 16 (1) that
there has been an overpayment of a claim for bounty by more than $100, the
Comptroller shall cause to be served on the person who lodged the claim a
demand for repayment of the amount of the overpayment, and that person is
liable to repay that amount to the Commonwealth.
(2) Where:
(a) the amount of an overpayment of a claim for bounty, being an
overpayment
referred to in subsection (1), is not higher than $25,000; and
(b) the Comptroller is satisfied:
(i) that:
(A) the overpayment was due to an error that did not involve
any
failure on the part of the person who lodged the claim to comply with this Act
or the regulations; and
(B) the repayment of the amount of the overpayment would be
unreasonable or would cause undue hardship to that person; or
(ii) that:
(A) the cost of endeavouring to recover the overpayment is so
high; and
(B) the amount likely to be recovered as a result of
endeavouring to recover the overpayment is so low;
that taking action to recover the overpayment would not be justified;
the Comptroller may refrain from causing a demand for repayment of the amount
of the overpayment to be served in accordance with that subsection.
(3) Where, in accordance with subsection (2), the Comptroller refrains from
causing a demand for repayment of the amount of an overpayment to be served in
accordance with subsection (1), particulars of the amount shall be included in
the return under section 32 for the year in which the Comptroller so
refrained.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 18
Forms
SECT
18.(1) Where, under this Act, a claim or acknowledgment lodged by a person
in accordance with an approved form is required to be signed and witnessed as
required by this section, the form shall:
(a) where the person is a natural person, be signed personally in the
presence of a witness by:
(i) the person; or
(ii) another natural person authorised by the first-mentioned person
to sign forms under this Act on behalf of the first-mentioned person;
(b) where the person is a body corporate, be:
(i) under the seal of the first-mentioned person; or
(ii) signed personally in the presence of a witness by a natural
person authorised by the first-mentioned person to sign forms under this Act
on behalf of the first-mentioned person; and
(c) where the form is required to be signed by a natural person in the
presence of a witness, state the name and address of the witness and contain a
declaration signed by the witness stating that the form was signed in the
presence of the witness.
(2) For the purposes of this section, a person shall be taken to have
authorised another person to sign forms under this Act on behalf of the
first-mentioned person if, and only if, the first-mentioned person has so
authorised the other person in writing delivered to the Comptroller, being
writing:
(a) where the first-mentioned person is a natural person, that:
(i) is signed personally in the presence of a witness by the
first-mentioned person; and
(ii) states the name and address of the witness and contains a
declaration signed by the witness stating that the writing was signed in the
presence of the witness; or
(b) where the first-mentioned person is a body corporate-under the seal of
the first-mentioned person.
BOUNTY (SHIP REPAIR) ACT 1986 - PART IV
PART IV-ADMINISTRATION
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 19
Registration of persons
SECT
19.(1) Subject to this section, a person may be registered under this
section as a registered repairer for the purposes of this Act.
(2) An application for registration under this section as a registered
repairer may be made to the Minister, in accordance with the appropriate
approved form, by a person who carries out or proposes to carry out the
eligible repair of bountiable ships in Australia.
(3) Subject to subsections (7), (9), (10) and (11), where an application for
registration is made under subsection (2) by a person (in this subsection
referred to as the 'applicant') who, in the opinion of the Minister, carries
out, or proposes to carry out, the eligible repair of bountiable ships in
Australia, the Minister shall:
(a) register the applicant as a registered repairer by:
(i) signing a notice, in writing, specifying the day on which it was
signed and stating that the applicant has been registered as a registered
repairer; and
(ii) causing the notice to be served on the applicant; or
(b) refuse to register the applicant as a registered repairer and cause a
notice, in writing, stating that the Minister has refused to register the
applicant as a registered repairer to be served on the applicant.
(4) The registration of a person under this section has effect from and
including:
(a) the day on which the notice under paragraph (3) (a) in relation to the
person is signed; or
(b) such earlier day, not being a day earlier than 10 October 1986, as is
specified for the purpose in the notice.
(5) A notice under subsection (3) in relation to a person shall specify
whether the person is registered under this section in relation to:
(a) all bountiable ships; or
(b) a specified class, or specified classes, of
bountiable ships;
and may specify a period as the period during which the person is registered
under this section.
(6) The regulations may prescribe conditions to be met by an applicant for
registration under this section including, without limiting the generality of
the foregoing, a condition requiring the applicant to be a person included in
a specified class of persons.
(7) If conditions have been prescribed for the purposes of subsection (6),
the Minister shall not register the person under this section unless:
(a) the Minister is satisfied that the conditions are, or will be, met by
the person; or
(b) registration of the person for those purposes is otherwise permitted
under the regulations.
(8) The regulations may prescribe conditions to be complied with in
connection with the eligible repair of bountiable ships.
(9) If conditions have been prescribed for the purposes of subsection (8),
the Minister shall not register a person under this section for the purposes
of that scheme unless:
(a) the Minister is satisfied that the conditions have been, or will be,
complied with by the person; or
(b) registration of the person for those purposes is otherwise permitted
under the regulations.
(10) The Minister may require an applicant for registration under this
section to give such information as the Minister considers necessary for the
purposes of this Act and may refuse to register the person until the
information is given to the satisfaction of the Minister.
(11) Where an applicant for registration under this section was not, on 9
October 1986, engaged in the business of carrying out the eligible repair of
bountiable ships in Australia, the Minister shall not register that person if
the Minister is of the opinion that the registration of that person will not
permit the orderly development in Australia of the industry of the eligible
repair of bountiable ships.
(12) Where, at any time, the Minister becomes satisfied, in respect of a
person registered under this section:
(a) that the person no longer carries out the eligible repair of
bountiable
ships in Australia;
(b) in a case where the person is registered in relation to a class of
bountiable ships, that the person no longer carries out the eligible repair of
bountiable ships in that class in Australia; or
(c) in a case where conditions have been prescribed for the purposes of
subsection (6) or (8), that, if the person were, at that time, an applicant
for registration under this section, the Minister would not be authorised to
register the person under this section;
the Minister may cancel the registration of the person as a registered
repairer by causing a notice, in writing, stating that the registration of the
person as a ship repairer has been cancelled to be served on the person.
(13) Subject to subsection (12), a ship repairer who commences the eligible
repair of a bountiable ship in Australia during the period commencing on 10
October 1986 and ending on 31 December 1986 shall be taken to be registered
under this section during that period.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 20
Accounts
SECT
20.(1) A person is not entitled to bounty unless:
(a) the person keeps, in writing in the English language, such accounts,
books, documents and other records as correctly record and explain:
(i) such particulars relating to the eligible repair (including the
cost of the eligible repair) of bountiable ships in respect of which bounty
is, or may become, payable as are specified by the Comptroller in a notice
published in the Gazette; and
(ii) such other particulars (if any) in relation to the repair as
are
specified by the Comptroller by notice in writing served on the person; and
(b) the person retains those accounts, books, documents and other records
for at least 3 years after the day on which a claim under subsection 14 (1)
for bounty was made in respect of the repair concerned.
(2) For the purposes of this section, accounts, books, documents or other
records shall be taken to be kept in writing in the English language if they
are kept in a form in which they are readily accessible and readily
convertible into writing in the English language.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 21
Securities
SECT
21. The Comptroller may, by notice in writing served on a person to whom
bounty could become payable, require the person to give security, in an amount
determined by the Comptroller, by bond, guarantee or cash deposit, or by all
or any of those methods, for compliance by the person with the provisions of
this Act and the regulations, or for the purpose of an undertaking given by
the person for the purposes of this Act or the regulations and, where a person
is so required to give security, the person is not entitled to bounty unless
the person gives security in accordance with the requirement.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 22
Appointment of authorised officers
SECT
22.(1) The Comptroller may, by writing signed by him or her, 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 authorised officer, or authorised officers, for the purposes of this
Act.
(2) In subsection (1), 'officer' means an Officer of Customs within the
meaning of the Customs Act 1901.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 23
Inspection of production and accounts etc.
SECT
23.(1) For the purposes of this Act, an authorised officer may, at all
reasonable times, enter premises occupied by a registered repairer, other than
residential premises, and may:
(a) inspect any bountiable ship on which relevant repairs have been, are
being, or are intended to be, carried out;
(b) inspect any step in the relevant repair of a bountiable ship; and
(c) inspect the accounts, books, documents and other records relating to
the
relevant repair of a bountiable ship;
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 premises that may be entered under
subsection (1) shall provide the authorised officer with all reasonable
facilities and assistance for the effective exercise of the powers of the
officer under this section.
Penalty:
(a) in the case of a natural person-$1,000; or
(b) in the case of a body corporate-$5,000.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 24
Entry on premises
SECT
24.(1) An authorised officer may, with the consent of the occupier of any
premises, enter the premises and exercise the functions of an authorised
officer under this section in relation to those premises.
(2) Where an authorised officer has reasonable grounds for believing that
premises are:
(a) premises where there is a bountiable ship on which relevant repairs
have
been, are being, or are intended to be, carried out;
(b) premises on which any step in the relevant repair of a bountiable ship
is taking, or is intended to take, place; or
(c) premises where there are kept any accounts, books, documents or other
records relating to the relevant repair of bountiable ships;
the authorised officer may make an application to a Justice of the Peace for a
warrant authorising the authorised officer to enter the premises and to
exercise the functions of an authorised officer under this section in relation
to those premises.
(3) If, on an application under subsection (2), the Justice of the Peace is
satisfied, by information on oath or affirmation, that:
(a) there is reasonable ground for believing that the premises to which
the
application relates are premises referred to in paragraph (2) (a), (b) or
(c);
(b) those premises are not premises that may be entered under subsection
23
(1); and
(c) the occupier of the premises has not given consent for the authorised
officer to enter the premises and exercise the functions of an authorised
officer under this section in relation to those premises;
the Justice of the Peace shall grant a warrant authorising the authorised
officer, with such assistance as the authorised officer thinks necessary, to
enter the premises, during such hours of the day or night as the warrant
specifies, or, if the warrant so specifies, at any time, and if necessary by
force, and to exercise the functions of an authorised officer under this
section in relation to those premises.
(4) The functions of an authorised officer under this section in relation to
premises are:
(a) to inspect any bountiable ship on which relevant repairs have been,
are
being, or are intended to be, carried out;
(b) to inspect any step in the relevant repair of a bountiable ship; and
(c) to inspect accounts, books, documents and other records relating to
the
relevant repair of a bountiable ship;
and extend to making and retaining copies of, or taking and retaining extracts
from, any such accounts, books, documents and other records.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 25
Boarding ships
SECT
25.(1) An authorised officer may board any ship which the officer has
reasonable grounds for believing is a bountiable ship on which relevant
repairs have been, are being, or are intended to be, carried out and may:
(a) inspect the ship;
(b) inspect any step in the relevant repair of the ship; and
(c) inspect the accounts, books, documents and other
records relating to the relevant repair of the ship;
and may take and retain copies of, or take and retain extracts from, any such
accounts, books or documents and other records.
(2) The owner or master of a ship that may be boarded under subsection (1)
shall provide the authorised officer with all reasonable facilities and
assistance for the effective exercise of the powers of the officer under this
section.
Penalty:
(a) in the case of a natural person-$1,000; or
(b) in the case of a body corporate-$5,000.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 26
Power to require persons to answer questions and produce documents
SECT
26.(1) A Collector or an authorised officer may, by notice signed by him or
her, require a person whom he or she believes on reasonable grounds to be
capable of giving information relevant to the operation of this Act in
relation to the relevant repair of a bountiable ship, to attend at a
reasonable time and place specified in the notice and there to answer
questions and to produce such accounts, books, documents and other records in
relation to the repair as are referred to in the notice.
(2) A notice under subsection (1) requiring a person to produce an account,
book, document or record shall set out the effect of subsection (3).
(3) A person who, pursuant to a notice under subsection (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:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months,
or
both; or
(b) in the case of a body corporate-$5,000.
(4) A Collector or an authorised officer may make and retain copies of, or
take and retain extracts from, any accounts, books, documents or other records
produced pursuant to this section.
(5) 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 the
person or make the person liable to a penalty, but the answer of the person to
any such question, the production by the person of any such account, book,
document or other record, or any information or thing (including any account,
book, document or other record) obtained as a direct or indirect consequence
of the answer or the production, is not admissible in evidence against the
person in criminal proceedings other that proceedings under, or arising out of
or by virtue of, subsection (3) or paragraph 28 (3) (a).
(6) Where a registered repairier, or a person employed by a registered
repairer, 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 repairer, unless the Comptroller
otherwise directs in writing, until the repairer or that person, as the case
may be, has attended, answered the question or produced the account, book,
document or other record, as the case may be.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 27
Power to examine on oath etc.
SECT
27.(1) A Collector or an authorised officer may examine, on oath or
affirmation, a person attending in pursuance of section 26 and, for that
purpose, may administer an oath or affirmation to the person.
(2) The oath or affirmation to be made by a person for the purposes of
subsection (1) is an oath or affirmation that the answers he or she will give
to questions asked of him or her will be true.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 28
Offences
SECT
28.(1) A person shall not, without reasonable excuse, refuse or fail:
(a) to attend before a Collector or an authorised 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 pursuant to this Act.
Penalty:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months,
or
both; or
(b) in the case of a body corporate-$5,000.
(2) A person shall not knowingly obtain or attempt to obtain bounty that is
not payable.
Penalty:
(a) in the case of a natural person-$10,000 or imprisonment for 5 years,
or
both; or
(b) in the case of a body corporate-$50,000.
(3) A person shall not:
(a) knowingly or recklessly make to an authorised 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 false or misleading in a
material particular; or
(b) knowingly or recklessly present (otherwise than pursuant to subsection
26 (1)) to an authorised 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 false or misleading in a material
particular.
Penalty:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months,
or
both; or
(b) in the case of a body corporate-$5,000.
(4) Where, in proceedings for an offence against subsection (2) or (3) in
respect of any conduct engaged in by a body corporate, it is necessary to
establish the state of mind of the body, it is sufficient to show that a
director, servant or agent of the body, being a director, servant or agent by
whom the conduct was engaged in within the scope of his or her actual or
apparent authority, had that state of mind.
(5) Any conduct engaged in on behalf of a body corporate:
(a) by a director, servant or agent of the body within the scope of his or
her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement
(whether express or implied) of a director, servant or agent of the body,
where the giving of such direction, consent or agreement is within the scope
of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of subsections (2) and (3), to have been
engaged in by the body.
(6) A reference in subsection (4) to the state of mind of a person includes
a reference to the knowledge, intention, opinion, belief or purpose of the
person and the person's reasons for the intention, opinion, belief or
purpose.
(7) A person shall not be convicted of:
(a) both an offence against or arising out of subsection (2) and an
offence
against or arising out of subsection 16 (1); or
(b) both an offence against or arising out of subsection (2) and an
offence
against or arising out of subsection (3);
in respect of the same claim for bounty.
(8) A reference in subsection (7) to a person being convicted of an offence
includes a reference to an order being made under section 19B of the Crimes
Act 1914 in relation to the person in respect of an offence.
(9) An offence against subsection (2) is an indictable offence.
(10) Notwithstanding that an offence against subsection (2) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.
(11) Where, in accordance with subsection (10), a court of summary
jurisdiction convicts a person of an offence against subsection (2), the
penalty that the court may impose is:
(a) if the person is a natural person-a fine not exceeding $2,000 or
imprisonment for a period not exceeding 12 months, or both; or
(b) if the person is a body corporate-a fine not exceeding $10,000.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 29
Time for prosecutions
SECT
29. Notwithstanding anything in any other law, proceedings for an offence
against this Act may be instituted within the period of 3 years after the
commission of the offence.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 30
Recovery of bounty on conviction
SECT
30.(1) Where a person is convicted of an offence against subsection 16 (1)
or 28 (2) or (3), the court may, in addition to imposing a penalty under that
subsection, order the person to refund to the Commonwealth the amount of any
bounty wrongfully obtained by the person because of the commission of the
offence.
(2) Where:
(a) a court makes an order under subsection (1) ordering a person to
refund
to the Commonwealth the amount of any bounty; and
(b) the court has civil jurisdiction to the extent of
the amount;
the order is enforceable in all respects as a final judgment of the court in
favour of the Commonwealth.
(3) Where:
(a) a court makes an order under subsection (1) ordering a person to
refund
to the Commonwealth the amount of any bounty; and
(b) the court:
(i) does not have civil jurisdiction; or
(ii) has civil jurisdiction otherwise than to the extent of the
amount;
the proper officer of the court shall issue to the Comptroller a certificate
in the prescribed form containing the prescribed particulars.
(4) The certificate may, in the prescribed manner and subject to the
prescribed conditions (if any), be registered in a court having civil
jurisdiction to the extent of the amount ordered to be refunded to the
Commonwealth.
(5) Upon registration under subsection (4), the certificate is enforceable
in all respects as a final judgment of the court in favour of the
Commonwealth.
(6) The costs of registration of the certificate and other proceedings under
this section shall, subject to the prescribed conditions (if any), be deemed
to be payable under the certificate.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 31
Recovery of repayments
SECT
31.(1) Where a person is liable to repay an amount to the Commonwealth under
subsection 16 (4) or 17 (1), the Commonwealth may recover that amount as a
debt due to the Commonwealth by action in a court of competent jurisdiction.
(2) Where a person is liable to repay an amount to the Commonwealth under
subsection 16 (4) or 17 (1), that amount may be deducted from any other amount
that is payable to the person under this Act and, where the first-mentioned
amount is so deducted, the other amount shall, notwithstanding the deduction,
be deemed to have been paid in full to the person.
BOUNTY (SHIP REPAIR) ACT 1986 - PART V
PART V-MISCELLANEOUS
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 32
Return for Parliament
SECT
32.(1) The Comptroller shall, as soon as practicable after the end of each
financial year, give 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 the Minister.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 33
Delegation
SECT
33.(1) The Minister may, either generally or otherwise as provided in the
instrument of delegation, by writing signed by him or her, delegate to an
Officer of Customs within the meaning of the Customs Act 1901 all or any of
his or her powers under this Act or the regulations, 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.
(3) A delegation under this section does not prevent the exercise of a power
by the Minister.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 34
Application for review
SECT
34.(1) Applications may be made to the Administrative Appeals Tribunal for
review of:
(a) a decision of the Comptroller under paragraph 14 (3) (a) approving
payment of bounty;
(b) a decision of the Comptroller under paragraph 14 (3) (b) refusing to
approve payment of bounty;
(c) a decision of the Comptroller under paragraph 15 (4) (a) approving a
payment;
(d) a decision of the Comptroller under paragraph 15 (4) (b) refusing to
approve a payment;
(e) a decision of the Comptroller for the purposes of subsection 16 (4);
(f) a decision of the Comptroller for the purposes of subsection 17 (1);
(g) a decision of the Minister under section 19 refusing to register a
person (other than such a decision made under subsection 19 (11));
(h) a decision of the Minister for the purposes of subsection 19 (4);
(j) a decision of the Minister under subsection 19 (12) cancelling the
registration of a person; or
(k) a requirement by the Comptroller under section 21.
(2) Without limiting section 43 of the Administrative Appeals Tribunal Act
1975, where the Administrative Appeals Tribunal is reviewing a decision
referred to in paragraph (1) (d), (e), (f), (g), (h) or (j) in respect of a
repair, the Tribunal, if it considers it appropriate to do so, may:
(a) if a determination under section 8 has been made in respect of that
repair, either:
(i) set aside that determination; or
(ii) set aside that determination and make a further determination
under that section in respect of the repair to which the determination so set
aside applied; or
(b) if a determination under that section has not been made in respect of
the repair to which the decision applies, make a determination under that
section in respect of the repair to which the decision applies.
(3) In subsection (1), 'decision' has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 35
Statement to accompany notice of decisions
SECT
35.(1) Where the Comptroller makes a determination, decision or requirement
of a kind referred to in subsection 34 (1) and gives to the person or persons
whose interests are affected by the determination, decision or requirement
notice in writing of the making of the determination, decision 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 determination, decision or
requirement to which the notice relates by or on behalf of the person or
persons whose interests are affected by the determination, decision or
requirement.
(2) Any failure to comply with the requirements of subsection (1) in
relation to a determination, decision or requirement does not affect the
validity of the determination, decision or requirement.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 36
Appropriation
SECT
36. Payments of bounty shall be made out of money appropriated by the
Parliament for the purpose.
BOUNTY (SHIP REPAIR) ACT 1986 - SECT 37
Transitional
SECT
37. Sections 23, 25, 26 and 28 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 (SHIP REPAIR) ACT 1986 - SECT 38
Regulations
SECT
38. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters:
(a) permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for
carrying out or giving effect to this Act.