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SR 1980 No. 77 Regulations as made
Principal Regulations
Tabling HistoryDate
Tabled Senate28-Apr-1980
Gazetted 17 Apr 1980
Date of repeal 16 Jun 1990
Repealed by Repeal of the enabling legislation by Bounty Legislation Amendment Act 1990

Statutory Rules

1980 No. 77

REGULATIONS UNDER THE BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 19781

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 (Commercial Motor Vehicles) Act 1978.

Dated this eleventh day of April 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

R. V. GARLAND

Minister of State for Business and Consumer Affairs

 

Bounty (Commercial Motor Vehicles) Regulations

Citation

          1.   These Regulations may be cited as the Bounty (Commercial Motor Vehicles) Regulations.

Interpretation

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

            “appropriate officer”, in relation to the assembler of a bountiable vehicle, means —

                (a)    where the last step in the assembly of the vehicle was carried out at registered premises situated in a Stat — the Collector for that State;

               (b)    where that step was carried out at registered premises situated in the Northern Territory of Australia — the Collector for that Territory; or

                (c)    where that step was carried out at registered premises situated in the Australian Capital Territory — the Comptroller-General;

            “authorized agent” means a person appointed under regulation 6 to be an authorized agent;

            “the Act” means the Bounty (Commercial Motor Vehicles) Act 1978.

Conditions of manufacture

          3.   The conditions to be complied with, for the purposes of the Act, in connection with the assembly of bountiable vehicles at registered premises are —

                (a)    that bountiable vehicles the last step in the assembly of which was carried out at the registered premises shall be numbered consecutively;

               (b)    that the number allotted to a bountiable vehicle shall be affixed to the vehicle —

                          (i)    by being stamped by means of a die on the vehicle; or

                         (ii)    by being stamped by means of a die on a metal plate that shall be securely rivetted, bolted or screwed to the vehicle; and

                (c)    that, after the number allotted to a bountiable vehicle has been so affixed to the vehicle —

                          (i)    the number so affixed shall not be erased or altered; and

                         (ii)    if the number is affixed by being stamped on a metal plate that is rivetted, bolted or screwed to the vehicle — that plate shall not be removed from the vehicle,

while the vehicle is under the control of the assembler.

Application for bounty

          4.   (1)    An application for bounty in respect of a bountiable vehicle —

                (a)    shall be in writing;

               (b)    shall be signed by, or on behalf of, the assembler of the vehicle 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 appropriate officer in relation to the assembler —

                          (i)    except where sub-paragraph (ii) applies — within a period of 3 months after the relevant date in relation to the application; or

                         (ii)    where the appropriate officer in relation to the assembler 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 appropriate officer in relation to an assembler of a bountiable vehicle shall not give, for the purposes of paragraph (1) (d), 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 the vehicle 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 assembler of the vehicle; and

               (b)    the appropriate officer is satisfied that, for reasons outside the control of the assembler, the application could not, or cannot, reasonably be expected to have been made, or to be made, within the period specified in sub-paragraph (1) (d) (i).

         (3)   In paragraph 1 (d), “relevant date”, in relation to an application for bounty in respect of a bountiable vehicle, means —

                (a)    if the last step in the assembly of the vehicle was completed before the date of commencement of these Regulations — that date; or

               (b)    if paragraph (a) does not apply in relation to the vehicle — the date on which the last step in the assembly of the vehicle was completed.

Information to be supplied in connection with an application for bounty

          5.   In connection with an application for bounty in respect of a bountiable vehicle, the applicant shall supply the following particulars:

                (a)    the name and address of the assembler of the vehicle;

               (b)    whether the vehicle was designed solely or principally for the transport on highways of people, animals or goods;

                (c)    the designed maximum laden weight of the vehicle expressed in tonnes;

               (d)    if the assembly of the vehicle was completed after the commencement of these Regulations, the number allotted to the vehicle under regulation 3;

                (e)    the date on which the last step in the assembly of the vehicle was completed;

                (f)    the steps in the assembly of the vehicle (including steps in the assembly of vehicle components used in that assembly) carried out by the assembler and, in respect of each of those steps, the address of the premises at which the step was carried out;

                (g)    whether any vehicle component used in the assembly of the vehicle was a component that had been used previously as a component of, or as a part in, another vehicle;

                (h)    whether any prescribed component used in the assembly of the vehicle had, at any time before being purchased by the assembler of the vehicle, been owned, either in whole or in part, by a business associate of the assembler and, if any prescribed component used in the assembly of the vehicle had been so owned by a business associate of the assembler, a description of each such prescribed component;

                (j)    in respect of each prescribed component, other than a prescribed component referred to in paragraph (h), used in the assembly of the vehicle —

                          (i)    the amount of the cost to the assembler of the vehicle of the component delivered into his store;

                         (ii)    whether the amount of the cost referred to in sub-paragraph (i) was influenced by reason of a commercial, financial or other relationship between the assembler of the vehicle or a business associate of the assembler and the person from whom the assembler purchased the component or a business associate of that person, not being the relationship created by the sale itself; and

                         (iii)    the name and address of the person from whom the assembler purchased the component or a part of the component;

               (k)    whether a previous application for bounty has been made in respect of the vehicle 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;

               (1)    whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the vehicle 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

          6.   (1)    An assembler of bountiable vehicles 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 assembler may be required to sign by, or for the purposes of, the Act or these Regulations.

         (2)   An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and shall be delivered to the appropriate officer in relation to the assembler making the appointment.

         (3)   An assembler who, in pursuance of sub-regulation (1), has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to the appropriate officer in relation to the assembler.

Execution of documents by a company

          7.   Where the assembler of a bountiable vehicle is required by, or for the purposes of, the Act or these Regulations to sign a document and the assembler is a company, the document may be signed on behalf of the company by a director or the secretary of the company.

 

                                                      Schedule                                       Regulation 6

COMMONWEALTH OF AUSTRALIA

Bounty (Commercial Motor Vehicles) Regulations

APPOINTMENT OF AUTHORIZED AGENT BY ASSEMBLER OF BOUNTIABLE VEHICLES

To

(Insert title of appropriate officer in relation to assembler)

I,

(Full name and address of assembler)

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 for the purposes of, the Bounty (Commercial Motor Vehicles) Act 1978 or the Bounty (Commercial Motor Vehicles) Regulations.

Dated at

this                                                       day of                                                                           19         .

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

            Dated at

this                                                       day of                                                                           19         .

(Signature of authorized agent)

NOTE

1.       Notified in the Commonwealth of Australia Gazette on 17 April 1980.