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Bounty (Agricultural Tractors) Regulations

Authoritative Version
SR 1983 No. 345 Regulations as made
Principal Regulations; Repeals the former Bounty (Agricultural Tractors) Regulations.
Tabling HistoryDate
Tabled HR28-Feb-1984
Tabled Senate28-Feb-1984
Gazetted 30 Dec 1983
Date of repeal 11 May 1988
Repealed by Enabling legislation repealed by Bounty and Subsidy Legislation Amendment Act 1988 (Act No. 28 of 1988).

Commonwealth Coat of Arms of Australia

Statutory Rules 1983 No. 3451

Bounty (Agricultural Tractors) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Bounty (Agricultural Tractors) Act 1966.

Dated 21 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

JOHN N. BUTTON

Minister of State for Industry and Commerce

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Citation

1. These Regulations may be cited as the Bounty (Agricultural Tractors) Regulations.

Commencement

2. These Regulations shall come into operation on 1 January 1984.

Interpretation

3. In these Regulations, unless the contrary intention appears—

"authorized agent" means a person appointed under sub-regulation 8(1);

"relevant date", in relation to an application for bounty in respect of a tractor, means—

(a) if the tractor was sold by the manufacturer before the date of commencement of these Regulations—that date; or

(b) in any other case—the date on which the tractor was sold by the manufacturer;

"the Act" means the Bounty (Agricultural Tractors) Act 1966.

Factor—sub-section 6 (1A) of the Act

4. For the purposes of sub-section 6 (1A) of the Act, the factor is 2.1406027.

Conditions of manufacture

5. The conditions to be complied with, for the purposes of the Act, in connection with the manufacture of a tractor at registered premises are as follows:

(a) tractors shall be allotted consecutive numbers;

(b) the number so allotted to a tractor shall be affixed to the tractor by being stamped by means of a die on the tractor or on a metal plate that is securely rivetted, bolted or screwed to the tractor;

(c) the number so affixed shall not be erased, altered or removed from the tractor before the first sale of the tractor.

Applications for bounty

6. (1) An application for bounty in respect of a tractor—

(a) shall be in writing;

(b) shall be signed by, or on behalf of, the manufacturer of the tractor in the presence of a witness;

(c) shall state the name and address of the witness and contain a declaration signed by the witness stating that the application was signed in the presence of the witness; and

(d) shall be delivered to the Collector for the State or Territory in which the manufacture of the tractor was completed or, if there is no such Collector, to the Comptroller-General—

(i) within a period of 3 months after the relevant date in relation to the application; or

(ii) subject to sub-regulation (2), where the Minister or an authorized person has consented to an extension of the period referred to in sub-paragraph (i) in relation to the application—within a period of 12 months after the relevant date in relation to the application.

(2) The Minister or an authorized person shall not give his consent to an extension of the period referred to in sub-paragraph (1) (d) (i) in relation to an application for bounty in respect of a tractor unless—

(a) a request in writing for an extension of that period has (whether before or after the expiration of that period) been made by, or on behalf of, the manufacturer of the tractor; or

(b) the application could not reasonably be expected to have been made, or to be made, within the period specified in that sub-paragraph.

Information to be furnished—applications for bounty

7. In connection with an application for bounty in respect of a tractor, the applicant shall furnish the following information:

(a) the name and address of the manufacturer of the tractor;

(b) the address of the registered premises at which the tractor was manufactured;

(c) the number allotted to the tractor under paragraph 5 (a);

(d) the output in kilowatts of the engine of the tractor, being the output within the meaning of paragraph 6 (6) (b) of the Act;

(e) the ratio between the factory cost of the materials and parts of the tractor that were wholly produced or manufactured in Australia and the factory cost of the tractor, expressed as a percentage of the factory cost of the tractor;

(f) the date on which the manufacture of the tractor was completed;

(g) the date on which the tractor was sold by the manufacturer and the name and address of the purchaser;

(h) the amount of bounty claimed;

(i) whether a previous application for bounty has been made in respect of the tractor and, if such an application has been made, the date of that application and the reason for making the application that is now being made;

(j) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the tractor and, if any payment has been so made, the date on which the payment was made and the amount paid by way of bounty or advance on account of bounty, as the case may be.

Authorized agents

8. (1) A manufacturer of tractors may, by instrument in writing, appoint a person, being a person who has attained the age of 18 years, to be his authorized agent for the purpose of signing on his behalf any document that the manufacturer may be required to sign by, or under, the Act or these Regulations.

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the Form in Schedule 1 and shall be delivered to a Collector or to the Comptroller-General.

(3) A manufacturer who has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to a Collector or to the Comptroller-General.

Execution of documents by a company

9. Where a manufacturer of tractors is required by, or under, the Act or these Regulations to sign a document and the manufacturer is a company, the document may be signed on behalf of the company by a director or the secretary of the company.

Repeal of the former Bounty (Agricultural Tractors) Regulations and saving

10. (1) The Statutory Rules specified in Schedule 2 are repealed.

(2) Where before the repeal of the Statutory Rules specified in Schedule 2—

(a) a person had been appointed to be the authorized agent of a manufacturer of tractors for the purposes of the Act and of those Statutory Rules and that appointment was in operation immediately before that repeal, that appointment shall continue in operation, subject to sub-regulation 8 (3), as if it had been made under sub-regulation 8(1);

(b) a serial number had been allotted to a tractor under those Statutory Rules, that serial number shall be deemed to have been allotted under paragraph 5 (a);

(c) an application for bounty in respect of tractors had been lodged under those Statutory Rules and that application had not been disposed of immediately before that repeal, that application shall be dealt with as if it had been lodged under these Regulations.

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SCHEDULE 1                             Regulation 8

COMMONWEALTH OF AUSTRALIA

Bounty (Agricultural Tractors) Regulations

APPOINTMENT OF AUTHORIZED AGENT BY MANUFACTURER OF TRACTORS

To

(Designation of person to whom delivered)

I,

(Full name and address of manufacturer)

hereby appoint

(Full name and address of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf any document that I may be required to sign by, or under, the Bounty (Agricultural Tractors) Act 1966 or the Bounty (Agricultural Tractors) Regulations.

Dated                          19

(Signature of manufacturer or, where the manufacturer is a company, signature of a director or the secretary of the company and his designation)

(Signature of authorized agent)

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SCHEDULE 2                             Regulation 10

REPEALED STATUTORY RULES

Statutory Rules 1967 No. 101

Statutory Rules 1977 Nos. 110, 171 and 281

Statutory Rules 1978 Nos.49, 101, 179 and 274

Statutory Rules 1979 Nos. 52, 108, 204 and 276

Statutory Rules 1980 Nos. 70, 180, 291 and 379

Statutory Rules 1981 Nos. 58, 174, 268 and 381

Statutory Rules 1982 Nos. 74, 134, 237 and 400

Statutory Rules 1983 Nos. 29, 80 and 199

 

NOTE

1. Notified in the Commonwealth of Australia Gazette on 30 December 1983.