Automatic Data Processing Equipment Bounty Regulations (Cth)
REGULATIONS UNDER THE AUTOMATIC DATA PROCESSING EQUIPMENT BOUNTY ACT 1977
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
Dated this twentieth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency's Command,
R. V. GARLAND
Minister of State for Business and Consumer Affairs
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AUTOMATIC DATA PROCESSING EQUIPMENT BOUNTY REGULATIONS
"appropriate officer", in relation to the manufacturer of an automatic data processing unit or his authorized agent, means—
(a) where the registered premises at which the unit was produced are situated in a State—the Collector for that State;
(b) where those registered premises are situated in the Northern Territory of Australia—the Collector for that Territory; or
(c) where those registered premises are situated in the Australian Capital Territory—the Comptroller-General;
"authorized agent" means a person appointed under regulation 6 to be an authorized agent;
"automatic data processing unit " means a machine or other unit of equipment referred to in paragraph (a), (b), (c), (d), (e) or (f) of the definition of "automatic data processing equipment" in sub-section 3 (1) of the Act but does not include a machine or other unit of equipment referred to in paragraph (g), (h), (i), (j), (k) or (1) of that definition;
" the Act " means the
Automatic Data Processing Equipment Bounty Act 1977.
(2) For the purposes of these Regulations, each of the following is a specified class of automatic data processing units:
(a) digital machines of the kind referred to in paragraph (a) of the definition of "automatic data processing equipment" in sub-section 3 (1) of the Act;
(b) analogue machines of the kind referred to in paragraph (b) of that definition;
(c) magnetic readers;
(d) optical readers;
(e) machines for transcribing data on to data media in coded form;
(f) machines for processing data transcribed on to data media in coded form.
(a) that automatic data processing units produced at the registered premises, being units included in a specified class of automatic data processing units, shall be numbered consecutively;
(b) that the number allotted to a unit included in a specified class of automatic data processing units shall be affixed to the unit—
(i) by being stamped by means of a die on the unit; or
(ii) by being stamped or embossed by means of a die on a label or plate that shall be securely affixed to the unit; and
(c) that, after the number allotted to a unit included in a specified class of automatic data processing units has been so affixed to the unit—
(i) the number so affixed shall not be erased or altered; and
(ii) if the number is stamped or embossed on a label or plate that is affixed to the unit—that label or plate shall not be removed from the unit,
before the unit is sold, or otherwise disposed of, by the manufacturer.
(a) shall be in writing;
(b) shall be signed by, or on behalf of, the manufacturer of the unit 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—
(i) if the unit was sold by the manufacturer before the date of commencement of these Regulations— within a period of 3 months after that date; or
(ii) in any other case—within a period of 3 months after the date on which the unit was sold by the manufacturer,
or, where the appropriate officer has, in relation to the unit, consented to an extension of the period within which an application for bounty may be delivered to him, within a period of 12 months after the date specified in subparagraph (i) or (ii), as the case may be.
(2) The appropriate officer shall not give, for the purposes of paragraph (1) (d), his consent to an extension of the period within which an application for bounty in respect of an automatic data processing unit may be delivered to him 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 unit; and
(b) the appropriate officer is satisfied that, for reasons outside the control of the manufacturer of the unit, the application could not, or cannot, reasonably be expected to have been made, or to be made, within the period specified in subparagraph (1) (d) (i) or (ii), as the case may be.
(a) the name and address of the manufacturer of the unit;
(b) the address of the premises at which the unit was produced;
(c) the date on which the production of the unit was commenced;
(d) the date on which the production of the unit was completed;
(e) if the unit is included in a specified class of automatic data processing units and the unit was produced after the commencement of these Regulations, the number allotted to the unit under regulation 3;
(f) whether the manufacturer of the unit has incurred any research and development expenditure or any system design or system engineering costs with respect to the production of the unit and, if the manufacturer has incurred any such expenditure or costs, particulars of the expenditure or costs so incurred;
(g) the cost incurred by the manufacturer in respect of the materials and parts supplied to the manufacturer and used by him in the manufacture of the unit;
(h) whether the unit was sold by the manufacturer and, if the unit was so sold, the date of the sale and the name and address of the purchaser of the unit;
(i) the cost incurred by the manufacturer in respect of remuneration paid or payable to employees for work directly related to the production of the unit;
(j) such amount in respect of factory overhead charges other than general administration costs, selling costs, service charges and taxes as, in accordance with recognized accounting practices, is attributable to the production of the unit;
(k) the total cost incurred by the manufacturer in respect of the production of the unit;
(l) whether a previous application for bounty has been made in respect of the unit 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;
(m) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the unit 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.
6. (1) A manufacturer of automatic data processing units 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 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.
(3) A manufacturer 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.
SCHEDULE Regulation 6
COMMONWEALTH OF AUSTRALIA
APPOINTMENT OF AUTHORIZED AGENT
To
(
I
(
hereby appoint
(
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
Dated at
this day of 19
(
Signature of manufacturer, or, where the manufacturer 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)
1. Notified in
the
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