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Cellulose Acetate Flake Bounty Act 1956

Act No. 38 of 1956 as amended, taking into account amendments up to Act 102 of 1973
Registered 24 Nov 2009
Start Date 19 Sep 1973
End Date 12 Jun 1981
Date of repeal 12 Jun 1981
Repealed by Statute Law Revision Act 1981

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956
- Reprinted as at 19 December 1973 (HISTACT CHAP 1948 #DATE 19:12:1973)

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - TABLE OF PROVISIONS

TABLE


CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
3A. (Repealed)
4. Appropriation
5. Specification of bounty
6. To whom bounty payable
7. Rate of bounty
8. Limit of available bounty
9. Good quality essential
10. Registration of factories
11. Appointment of authorized persons
12. Stocktaking and inspection of production and accounts
13. Power to require persons to answer questions and produce documents
14. Power to examine on oath
15. Penalty for refusing to answer questions, &c.
16. Security for compliance with Act
17. Bounty not payable unless Act complied with
18. Offences
19. Return for Parliament
19A. Delegation
20. Regulations

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 1.
Short title.

SECT

CELLULOSE ACETATE FLAKE BOUNTY ACT

1956-1973
An Act to provide for the Payment of a Bounty on the Production of certain Cellulose Acetate Flake.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Cellulose Acetate Flake Bounty Act 1956-1973.*

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 2.
Commencement.

SECT

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

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 3.
Definitions.

SECT

Amended by No. 43, 1959, s. 2; No. 57, 1961, s. 3; No. 114, 1964, s. 2; No. 26, 1965, s. 3; No. 80, 1966, s. 3; No. 68, 1970, s. 2; No. 7, 1971, s. 3; and No.102, 1973, s. 3.
3. In this Act, unless the contrary intention appears-

''authorized person'' means a person appointed by the Minister under section eleven of this Act to be an authorized person for the purposes of the provision in which the expression occurs;

''bounty'' means bounty under this Act;

''Collector'' means Collector of Customs for a State;

''factory'' means premises registered by the Minister as a factory under section ten of this Act;

''period to which this Act applies'' means-

(a) the year that commenced on 1st January, 1973;

(b) either of the two years next succeeding that year; or

(c) the period commencing on 1st January, 1976, and ending on 30th June, 1976;

''the Comptroller-General'' means the Comptroller-General of Customs.
Section 3A repealed by No. 7, 1971, s. 4.
* * * * * * * *

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 4.
Appropriation.

SECT

4. The bounty specified in this Act is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 5.
Specification of bounty.

SECT

Substituted by No. 114, 1964, s. 3.
5. (1) Bounty is payable in respect of cellulose acetate Flake produced at a factory and, in a period to which this Act applies, sold for use in the manufacture in Australia of cellulose acetate rayon yarn.
Sub-section (2) omitted by No. 26, 1965, s. 4.
* * * * * * * *

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 6.
To whom bounty payable.

SECT

6. Bounty is payable to the producer of the cellulose acetate flake.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 7.
Rate of bounty.

SECT

Substituted by No. 102, 1973, s. 4.
7. The rate of the bounty in respect of cellulose acetate flake sold on or after the date of commencement of the Cellulose Acetate Flake Bounty Act 1973 is 8.8 cents per kilogram.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 8.
Limit of available bounty.

SECT

Substituted by No. 48, 1964, s. 3.
Sub-section (1) substituted by No. 102, 1973, s. 5.
8. (1) The amount available for payment of bounty-

(a) in respect of cellulose acetate flake sold in a period to which this Act applies, other than the period commencing on 1st January, 1976-is Two hundred thousand dollars; and

(b) in respect of cellulose acetate flake sold in the period to which this Act applies commencing on 1st January, 1976-is One hundred thousand dollars.

(2) Where the amount available for the payment of bounty in respect of cellulose acetate flake sold in a year or other period referred to in the last preceding sub-section is insufficient for the payment in full of all valid claims, 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 of those claims.

(3) If the Minister is of the opinion that the amount available for the payment of bounty in respect of cellulose acetate flake sold in a year or other period referred to in sub-section (1) of this section will be insufficient for the payment in full of all valid claims, he may withhold payment of the whole or any part of the bounty otherwise payable upon any of those claims until he has ascertained the total value of all of those claims.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 9.
Good quality essential.

SECT

9. Bounty shall not be paid in respect of any cellulose acetate flake unless the Comptroller-General is satisfied that it is of good and merchantable quality.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 10.
Registration of factories.

SECT

10. (1) A person may apply to the Minister for the registration as a factory of premises at which he carries on, or proposes to carry on, the production of cellulose acetate flake.

(2) The Minister may require an applicant under this section 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.

(3) Subject to the last preceding sub-section, if, in the opinion of the Minister, cellulose acetate flake is, or is proposed to be, produced in accordance with the prescribed conditions (if any) at the premises in respect of which the application is made, he shall register those premises as a factory for the purposes of this Act.

(4) Where the Minister is satisfied that cellulose acetate flake is not being produced at a factory, or is not being so produced in accordance with the prescribed conditions (if any), he may, by notice in writing served by post on the occupier of the factory, cancel the registration of the factory.

(5) If the Minister so determines, the registration of a factory shall be deemed to have taken effect from a date specified by the Minister, being a date before the date upon which the registration is effected.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 11.
Appointment of authorized persons.

SECT

11. The Minister may, by writing under his hand, appoint a person to be an authorized person for the purposes of a provision of this Act.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 12.
Stocktaking and inspection of production and accounts.

SECT

12. (1) An authorized person may, at all reasonable times, enter a factory, or premises where cellulose acetate flake in respect of which bounty has been paid or claimed is stored, and may-

(a) inspect or take stock of any cellulose acetate flake;

(b) inspect the processes of production of cellulose acetate flake;

(c) take samples of cellulose acetate flake; and

(d) inspect the accounts, books and documents relating to the production and sale of cellulose acetate flake.
Amended by No. 80, 1966, s. 6.

(2) The producer and the owner or occupier of the factory or premises shall provide the authorized person with all reasonable facilities and assistance for the effective exercise of his powers under this section.

Penalty: One hundred dollars.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 13.
Power to require persons to answer questions and produce documents.

SECT

13. (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, storage or sale of cellulose acetate flake to attend before him at the time and place specified in the notice and then and there to answer questions and to produce to him such accounts, books and documents in relation to the production, storage or sale of cellulose acetate flake as are referred to in the notice.

(2) The Comptroller-General, the Collector or the authorized person to whom any accounts, books or documents are produced in pursuance of this section may make and retain copies of, or extracts from, those accounts, books or documents.

(3) A person is not excused from answering a question or producing any accounts, books 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, books 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 (c) of section fifteen, or paragraph (c) of sub-section (1) of section eighteen, of this Act.

(4) Where a producer or a person employed by a producer has failed to attend or to answer a question, or to produce any account, book or document, when required so to do under this section, the Minister may, if he thinks fit, withhold payment of any bounty payable to the producer until the producer or that person has attended, answered the question or produced the account, book or document, as the case may be.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 14.
Power to examine on oath.

SECT

14. (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.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 15.
Penalty for refusing to answer questions, &c.

SECT

Amended by No. 80, 1966, s. 7.
15. 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 to make an affirmation; or

(c) to answer a question or produce an account, book or document, when so required in pursuance of this Act.

Penalty: One hundred dollars.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 16.
Security for compliance with Act.

SECT

16. The Minister may require a producer to give security 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 performance of an undertaking given by him for the purposes of this Act or the regulations, and the producer shall give security accordingly.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 17.
Bounty not payable unless Act complied with.

SECT

17. Bounty is not payable to a producer unless he satisfies the Minister that the requirements of this Act and the regulations have been substantially complied with.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 18.
Offences.

SECT

Sub-section (1) amended by No. 80, 1966, s. 8.
18. (1) A person shall not-

(a) obtain bounty which 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, book or document, or make to such an officer or person a statement, which is false or misleading in a particular.

Penalty: One thousand dollars or imprisonment for twelve months.

(2) Where a person is convicted under 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.

(3) Where a court has made an order under the last preceding sub-section, a certificate under the hand of the clerk or other 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.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 19.
Return for Parliament.

SECT

Sub-section (1) amended by No. 114, 1964, s. 6.
19. (1) The Comptroller-General shall, as soon as practicable after the end of each period to which this Act applies, furnish to the Minister a return setting forth-

(a) the name and address of each producer to whom bounty was paid in respect of cellulose acetate flake sold in that period;

(b) the quantity of cellulose acetate flake in respect of which bounty was paid to each producer;

(c) the amount of bounty paid to each producer; and

(d) 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 fifteen sitting days of that House after the return is received by him.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 19A.
Delegation.

SECT

Inserted by No. 26, 1965, s. 7.
19A. (1) The Minister or the Comptroller-General may, either generally or in relation to a matter or class of matters and either in relation to the whole of the Commonwealth or to a State or part of the Commonwealth, 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.

CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - SECT. 20.
Regulations.

SECT

Amended by No. 80, 1966, s. 9.
20. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing-

(a) the form and manner in which, and the time within which, applications for bounty shall be made;

(b) the notice to be given by producers of their intention to claim bounty; and

(c) penalties not exceeding One hundred dollars for breaches of the regulations.
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CELLULOSE ACETATE FLAKE BOUNTY ACT 1956-1973 - NOTE


NOTE
1. The Cellulose Acetate Flake Bounty Act 1956-1973 comprises the Cellulose Acetate Flake Bounty Act 1956 as amended by the other Acts specified in the following table:
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Number Date of Date of
Act and year Assent commencement
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Cellulose Acetate Flake
Bounty Act 1956 No. 38, 1956 27 June 1956 27 June 1956
Cellulose Acetate Flake
Bounty Act 1958 No. 64, 1958 8 Oct 1958 1 July 1958
Cellulose Acetate Flake
Bounty Act 1959 No. 43, 1959 22 May 1959 19 June 1959
Cellulose Acetate Flake
Bounty Act 1961 No. 33, 1961 2 June 1961 2 June 1961
Cellulose Acetate Flake
Bounty Act (No. 2) 1961 No. 57, 1961 24 Oct 1961 1 July 1961
Cellulose Acetate Flake
Bounty Act 1964 No. 48, 1964 28 May 1964 25 June 1964
Cellulose Acetate Flake
Bounty Act (No. 2) 1964 No. 114, 1964 23 Nov 1964 21 Dec 1964
Cellulose Acetate Flake
Bounty Act 1965 No. 26, 1965 28 May 1965 S. 7: Royal Assent
Remainder: 19 Mar
1965
Cellulose Acetate Flake
Bounty Act 1966 No. 80, 1966 29 Oct 1966 29 Oct 1966
Cellulose Acetate Flake
Bounty Act 1969 No. 64, 1969 12 Sept 1969 10 Oct 1969
Cellulose Acetate Flake
Bounty Act 1970 No. 68, 1970 14 Oct 1970 11 Nov 1970
Cellulose Acetate Flake
Bounty Act 1971 No. 7, 1971 19 Mar 1971 1 Dec 1970
Cellulose Acetate Flake
Bounty Act 1973 No. 102, 1973 19 Sept 1973 19 Sept 1973
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