Bounties Regulations 1908 (Provisional) (Cth)

STATUTORY RULES.

1908. No. 32.

PROVISIONAL REGULATIONS UNDER THE BOUNTIES ACT 1907.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Bounties Act 1907 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 12th day of March, One thousand nine hundred and eight.

NORTHCOTE,

Governor-General.

By His Excellency’s Command.

AUSTIN CHAPMAN.

 

BOUNTIES REGULATIONS.

Short Title.

1. These Regulations may be cited as the Bounties Regulations 1908.

Definitions.

2. In these Regulations, except where otherwise clearly intended:—

“Bounty” means bounty under the Bounties Act 1907.

“Collector” means the Collector of Customs for the State and includes any principal officer of Customs at any Customs office.

“Factory” means a place (including the premises of a grower) for treating any of the products enumerated in the First Schedule to the Act.

“Financial year” means the period from the first day of July in any one year to the thirtieth day of June in the next succeeding year, both days inclusive.

“Manufactures” means the goods enumerated in Appendix A to these Regulations and numbered 9 to 11 inclusive in that Appendix.

“Natural products” means the goods enumerated in Appendix A to these Regulations and numbered 1 to 8 inclusive in that Appendix.

“The Act” means the Bounties Act 1907.

 

“White Plantation” means the area specified in a notice of intention to claim bounty, and to be used in the cultivation of the product upon which bounty is to be claimed.

The expression “White labour” in these Regulations is used to the exclusion of all forms of coloured labour, but subject to the provisions of Section 4 of the Act.

Compliance with Regulations necessary to sustain Claim for Bounty.

3. In order to sustain a claim for payment of bounty the requirements of these Regulations must have been complied with.

Notice of Intention to Claim Bounty—Time within which to be given.

Natural Products.

4. Notice of intention to claim bounty upon any natural product shall be given within 60 days after the planting of the crop, to the Collector or to any other person who may be authorized by the Minister to receive the notice.

5. In the case of crops planted before the commencement of the Act, notice of intention to claim bounty shall be given to the Collector within 90 days after the commencement of these regulations, or within such further time as, under special circumstances, the Minister may allow.

Manufactures.

6. In the case of manufactures the notice of intention to claim shall be given by the manufacturer to the Collector at least 90 days before bounty is claimed.

Provided that with regard to any goods manufactured after the first day of July, 1907, and before the commencement of these regulations the Minister, on proof of compliance with the requirements of the Act, and as to fruits dried (except currants and raisins) or candied, and as to combed wool or tops, on proof that the goods have been exported, may authorize payment of bounty.

Notice of Intention to Claim Bounty—Form.

Natural Products.

7. The notice of intention to claim bounty upon natural products shall be in accordance with the following form, and shall be rendered in duplicate:—

This form when filled in to be forwarded to the State Collector or to the officer in charge at the nearest Customs Office.

Commonwealth of Australia.

The Bounties Act 1907.

Natural products.

Notice by grower of intention to claim bounty.

State of

To the Collector of Customs

.....................................................

(a) Here insert name of product.

I hereby give notice that I intend to claim bounty in respect of white grown (a)

 

The following are the particulars of the white plantation:—

Name of County. Name of Parish or Hundred. Number of Portion. Date of Planting. Area and Description of the White Plantation, sufficient to identify it, and specially to distinguish it from any land on which the Claimant may desire to employ Coloured Labour.

I attach a sketch plan showing the area of the plantation and number of acres planted with (a)

(b) This line to be filled in if the information can be given.

The (a) will be delivered at factory (b).

Signature of Grower

Address

Witness

Date 19 .

Manufactures.

8. The notice of intention to claim bounty upon manufactures shall be in accordance with the following form and shall be rendered in duplicate:—

Commonwealth of Australia.

The Bounties Act 1907.

manufactures.

This form when filled in to be forwarded to the State Collector or to the officer in charge at the nearest Customs Office.

Notice by manufacturer of intention to claim bounty.

State of

To the Collector of Customs

.....................................................

(a) Here insert name of product.

(b) Strike out “for export” where bounty payable otherwise than on exportation.

(c) The words from “and” to “notice” to be struck out if it is desired to claim bounty upon one lot of goods only.

I hereby give notice that I intend to claim bounty in respect of (a)  manufactured in my factory for export (b)  and (c) request that this be accepted as a continuing notice.

My factory is situate at

Signature of Manufacturer

Address

Witness

Date  190 .

Minimum Quantities.

9. In order to entitle any grower or producer to the payment of bounty, not less than the quantities specified in the subjoined Table, grown or produced by him, must have been delivered to a factory or otherwise dealt with as prescribed within one financial year.

 

Table of Minimum Quantities produced by a Grower or Producer which will entitle Claim for Bounty to be rendered.

Goods.	Minimum Quantity.
Cotton, Ginned............................................	250 lbs.
Fibres—
New Zealand Flax...................................	5 tons
Flax and Hemp.......................................	5 cwt.
Jute........................................................	10 „
Sisal Hemp.............................................	1 ton
Oil Materials—
Cotton Seed............................................	5 cwt.
Linseed..................................................	5 ,,
Rice, Uncleaned..........................................	1 ton
Rubber........................................................	2 cwt.
Coffee, Raw................................................	250 lbs. of coffee beans
Tobacco Leaf..............................................	5 cwt.
Fish. Preserved............................................	5 tons
Dates..........................................................	10 cwt.
Dried Fruits.................................................	5 cwt.
Combed Wool or Tops.................................	1 ton

Foodstuffs—Quality.

10. No bounty shall be payable on

(a) Coffee, raw, unless sound and of good marketable quality.

(b) Dates unless sound and of good marketable quality.

(c) Fish preserved unless of a kind recognised as edible and wholesome, and sound and of good marketable quality.

(d) Fruits, dried or candied, unless sound and of good marketable quality.

(e) Rice, uncleaned, unless sound and of good marketable quality.

Tobacco Leaf for the Manufacture of Cigars.—Quality.

11. Tobacco leaf for the manufacture of cigars shall be deemed of a quality entitling the grower to payment of bounty,

(a) On satisfactory proof of sale to a bonâ fide purchaser at a price not less than one shilling per lb.; or

(b)On satisfactory proof that the Tobacco leaf on which bounty is claimed is equal in quality to that usually sold at a price not less than one shilling per lb.

Delivery at Factory, etc.

12. Natural products upon which bounty is claimed—

(a)Must be delivered to a factory situated in the State of production (but the Minister may waive the condition as to the situation of the factory), or

(b)May be dealt with by way of sale within the Commonwealth otherwise than for delivery to a factory, or

(c) Except in the case of Cotton seed or Linseed may be exported, subject to the provisions of these regulations relating to bounty on goods exported.

In all cases the quantities and qualities must be as prescribed.

 

Coffee, Raw, when delivered as Parchment Coffee.

13. When coffee upon which bounty is claimed has been delivered at a factory in the form of “Parchment Coffee” the bounty shall not be payable until satisfactory evidence as to the weight of coffee beans obtainable or obtained from the particular delivery shall have been furnished.

Inspection and Sampling of Growing Crops.

14. Where notice of intention to claim bounty upon natural products has been given the growing crop may be inspected and samples may be taken by any person duly authorized in that behalf.

Provisions relating to Bounty on Goods exported.

15. Persons intending to claim bounty on Fruits, dried (except currants and raisins) or candied, and exported, and on combed wool or tops exported shall—

(a)At least one week before shipment give notice to the Collector at the port of export, of intention to export such goods.

(b)Comply to such extent as may be required by the Collector with the provisions of the Customs Regulations relating to Drawbacks in respect of—

(1) Notice of intention to pack;

(2) Packing;

(3) Entry for Drawback;

(4) Payment for Officers’ Services.

(c)Furnish to the Collector or to any authorized Officer, on demand, and without charge, fair samples of the goods to be exported.

(d)On demand furnish free of charge to any Officer of Customs samples of the bulk of the goods when tendered for shipment.

(e)Furnish to the Collector a Statutory. Declaration that the goods exported or to be exported are wholly of Australian origin.

Special Provision as to Fish, preserved.

Definition of Term “Fish, preserved.”

16. The term “Fish preserved” shall be deemed to include fish put up in tins, smoked fish, salted fish, and dried fish.

Waters and Condition as to Catching.

17. Bounty will not be payable on Fish preserved unless the fish has been caught

(a) In Australian or Tasmanian inland waters, or

(b)In the seas surrounding the coasts of Australia and Tasmania, whether within or without territorial limits, and

(c)In the case of deep sea fishing, from boats or other vessels owned in the Commonwealth, and

(d) By white labour, subject to the proviso to Section 4 of the Act.

In this Regulation the term “caught” shall include any method of fishing not forbidden by competent authority.

 

Packing of Dried Fruits for Export.

18. Dried fruits for export, in respect of which notice of intention to claim bounty has been given, shall be packed in a manner approved by the Collector or any authorized officer, and the packages shall, when tendered for shipment, bear such trade description as is required by regulations under the Commerce Act 1905.

The Claim for Bounty.

Separate Claim for each Product.

19. A separate claim for bounty must be rendered in respect of each product upon which bounty is claimed.

Natural Products.

This form when filled in to be forwarded to the State Collector or to the officer in charge at the nearest Customs Office.

20. The claim for bounty shall be made in duplicate and in accordance with the following form:—

Commonwealth of australia.

The Bounties Act 1907.

Claim for Bounty.

Natural Products.

State of

To the Collector of Customs

.............................................................................

(a) Here insert name of product.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of white grown (a)

grown by me, and delivered at

factory

warehouse

wharf for export to

and I declare that the following particulars relating thereto are correct:—

Particulars.

White Plantation Situated at.	Place where the (a) was Delivered.	Weight Delivered, and on which Bounty is Claimed.	Date of Delivery or of Export.	Market Value upon which Bounty is Claimed.	Rate of Bounty.	Amount of Bounty Claimed.
£	s.	d.

Grower.

Witness Address.

190  Date

21. A declaration in accordance with the following form shall be indorsed upon the form of Claim for Bounty and shall be signed by the Claimant in the presence of an Officer of Customs or of a Justice of the Peace.

(a) Here insert name of product.

Declaration to be Indorsed on Claim for Bounty.

I,    of , do hereby declare as follows:—

1. I am the grower of the (a)   specified in this claim for bounty.

 

2. The (a) was grown by me on the white plantation described in the notice of intention to claim bounty given by

3. The (a) has been grown by white labour only, within the meaning of the Bounties Act 1907.

4. The wages paid to the persons, other than members of my family, employed by me on my white plantation, in the production of the (a) specified in this claim for bounty are as shown hereunder, and such wages were in no case below the standard rate of wages paid in this district for similar white labour engaged in the industry.

5. Nothing on my part has been done or omitted to be done, and to the best of my knowledge and belief nothing on the part of any other person has been done or omitted to be done, whereby my right to bounty in respect of the (a) has been forfeited or taken away.

6. No other claim for bounty has been made in respect of the goods specified in this claim for bounty.

Employé.		Hours of Labour per Week.	Rate of Wages Paid per Week. (State whether with or without Keep).	Remarks.
Name.	Occupation.

Signature of Grower.

Declared before me this    day of 190 .

Officer of Customs or J.P.—

22. There shall also be indorsed upon the Claim for Bounty in accordance with the subjoined forms a certificate to be signed by an Officer of Customs and a form of discharge to be signed by the Claimant when payment of bounty is made.

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above claim for Bounty are true and correct for the purposes of the Bounties Act 1907, and that the declarant is entitled to bounty.

Officer of Customs.

190 .

Discharge.

Received this day of the sum of pounds shillings and pence in discharge of the within claim for bounty.

Claimant.

Witness

 

Manufactures.

23. The claim for bounty in respect of Fruits dried (except currants and raisins) or candied, and exported

and

 Combed wool or tops, exported, shall be made in duplicate and in accordance with the following form:—

This form when filled in to be forwarded to the State Collector or to the officer in charge at the nearest Customs Office.

Commonwealth of Australia.

The Bounties Act 1907.

Claim for Bounty.

Fruits dried (except currants and raisins) or candied and exported and Combed Wool or Tops, exported.

State of

To the Collector of Customs

.................................................

(a) Here insert name of goods manufactured.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of (a)exported, and I declare that the following particulars relating thereto are correct:—

Particulars.

Name and situation of Factory.	Description of Goods.	Date and Number of Export Entry.	Weight Exported	Market Value upon which Bounty is Claimed.	Rate of Bounty.	Amount of Bounty Claimed.
£.	s.	d.

Producer.

Witness Address.

Date.

190

24. A declaration in accordance with the following form shall be indorsed upon the form of Claim for Bounty and shall be signed by the Claimant in the presence of an Officer of Customs or of a Justice of the Peace.

Declaration to be Indorsed on Claim for Bounty.

I,  of  , do hereby

declare as follows:—

(a) Here insert name of product.

1. I am the producer of the (a)specified in this claim for Bounty.

2. The (a)was produced by me at the factory described in the notice of intention to claim bounty given by

 

(a) Here insert name of product.

3. The (a)has been produced by white labour only, within the meaning of the Bounties Act 1907.

4. The wages paid to the persons, other than members of my family, employed by me at my factory, in the production of the (a)specified in this claim for bounty are as shown hereunder, and such wages were in no case below the standard rate of wages paid in this district for similar white labour engaged in the industry.

5. Nothing on my part has been done or omitted to be done, and to the best of my knowledge and belief nothing on the part of any other person has been done or omitted to be done, whereby my right to bounty in respect of the (a)  has been forfeited or taken away.

6. The goods mentioned in this claim have been actually exported, and have not been re-landed and are not intended to be re-landed in any part of Australia, and I am entitled to the bounty herein claimed.

7. No other claim for bounty has been made in respect of the goods specified in this claim for bounty.

Employe.		Hours of Labour per Week.	Rate of Wages Paid per Week. (State whether with or without Keep.)	Remarks.
Name.	Occupation.

Signature of Producer.

Declared before me this day of 190 .

Officer of Customs or J.P.

25. There shall also be indorsed upon the Claim for Bounty, in accordance with the subjoined forms, a certificate to be signed by an Officer of Customs, and a form of discharge to be signed by the Claimant when payment of bounty is made.

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars declared to in the above claim for Bounty are true and correct for the purposes of the Bounties Act 1907, and that the declarant is entitled to bounty.

Officer of Customs.

190

Discharge.

Received this day of the sum of pounds shillings and  pence in discharge of the within claim for bounty.

Claimant.

Witness

 

Fish, Preserved.

26. The claim for bounty in respect of Fish preserved, shall be made in duplicate and in accordance with the following form:

This form when filled in to be forwarded to the State Collector or to the officer in charge at the nearest Customs office.

Commonwealth of Australia.

The Bounties Act 1907.

Claim for Bounty.

Fish preserved.

State of

To the Collector of Customs

..................................................

Pursuant to notice of intention to claim I hereby claim bounty in respect of Fish preserved, and I declare the following particulars relating thereto are correct:—

Particulars.

Name and situation of Factory.	Weight of Preserved Fish upon which Bounty is Claimed.	Dates within which Fish were Preserved.	If Exported, Date and number of Export Entry.	Rate of Bounty.	Amount of Bounty Claimed.
£	s.	d.

Producer.

Address.

Witness.

190

Date.

27. A declaration in the following form shall be indorsed upon the form of Claim for Bounty and shall be signed by the Claimant in the presence of an Officer of Customs or of a Justice of the Peace.

Declaration to be Indorsed on Claim for Bounty.

I, of , do hereby declare as follows:—

1. I am the producer of the preserved Fish specified in this claim for bounty.

2. The preserved Fish was preserved by me at the factory described in the notice of intention to claim bounty given by

3. The fish has been preserved in my factory by white labour only within the meaning of the Bounties Act 1907.

4. The wages paid to the persons, other than members of myfamily, employed by me at my factory, in the production of the preserved Fish specified in this claim for bounty are as shown hereunder, and such wages were in no case below the standard rate of wages paid in this district for similar white labour engaged in the industry.

5. Nothing on my part has been done or omitted to be done, and to the best of my knowledge and belief nothing on the part of any other person has been done or omitted to be done, whereby my right to bounty in respect of the preserved Fish has been forfeited or taken away.

 

6. No other claim for bounty has been made in respect of the goods specified in this claim for bounty.

Employe.	Hours of Labour per Week.	Rate of Wages Paid per Week. (State whether with or without Keep.)	Remarks.
Name.

Occupation.

Signature of Producer.

Declared before me this    day of 190 .

Officer of Customs or J.P.

28. There shall also be indorsed upon the Claim for Bounty in accordance with the subjoined forms a certificate to be signed by an Officer of Customs and a form of discharge to be signed by the Claimant when payment of bounty is made.

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars declared to in the above claim for Bounty are true and correct for the purposes of the Bounties Act 1907, and that the declarant is entitled to bounty.

Officer of Customs. 190 .

Discharge.

Received this day of the sum of pounds shillings and pence in discharge of the within claim for bounty.

Claimant.

Witness

Time within which Claim for Bounty shall be made.

29. The claim for bounty in respect of Natural Products shall be made within 30 days after the date of—

(a) Delivery at a factory, or

(b) Sale within the Commonwealth otherwise than for delivery at a factory, or

(c) Export.

With regard to the bounty on Cotton the delivery referred to in this Regulation is that of the raw Cotton.

30. The claim for bounty in respect of Manufactures shall be made—

(a)Where bounty is payable only upon exportation of the goods, within 30 days after the date of exportation.

(b)In the case, of fish preserved, within 30 days of completion of manufacture, or, of export, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

31. (1) Claims for bounty should, in order to allow of the claim being considered in relation to the funds available for payment of the bounty in the financial year in which the claim is made, be lodged with the Collector as follows:—

(a)Claims in respect of natural products—before the 1st day of April in the financial year, and

 

(b)Claims in respect of manufactures—before the 1st day of May in the financial year.

(2) Claims received in a financial year after those dates shall, unless the Minister otherwise directs, be considered in relation to the funds available for the payment of bounty in the next financial year.

Certificate from Purchaser.

32. Where the product upon which bounty is claimed has been sold by the grower for manufacture or otherwise, the claim for bounty must be accompanied by a certificate from the purchaser in accordance with the following form:—

Commonwealth of Australia.

The Bounties Act 1907.

Certificate by purchaser of goods upon which Bounty is claimed under the Bounties Act 1907.

(a) Name of manufacturer, or as the case may be.

(b) Name of product.

I/We(a)  of

hereby certify that on the

day of   190 I/we purchased from

of

lbs	of (b) for the sum of
cwts.

£and that the price paid was the fair market value of the goods at the time of purchase.

Purchaser.

190 .

Manner in which Market Value is to be Determined.

33. Where the bounty payable is a percentage of or dependent upon the market value of the goods, the Collector may in addition to any other provision of these regulations require any additional proof of the market value of the goods to be furnished to his satisfaction.

Proportion of Bounty payable when Amount available not sufficient to pay whole.

34. When the amount available to pay bounty on any product in any one financial year, as determined by the provisions of the Act, is insufficient for the payment in full of all duly rendered claims, as regards which the Minister is satisfied that the requirements of the Act and Regulations have been complied with, the bounty payable to each claimant shall be in the same ratio to his claim as the total sum available bears to the total claims.

Transferee or Assignee may Claim Bounty.

35. The right of any grower giving notice of intention to claim bounty shall pass with the legal possession of the white plantation to a transferee without any necessity for a fresh notice; but prior to payment of any bounty to a transferee the Collector shall be satisfied that any person claiming as a transferee is entitled to the legal possession of the plantation.

For the purposes of this regulation transferee shall include any person who by operation of law shall come into legal possession of a plantation.

 

In the case of bounty payable upon manufactures the right to receive such bounty may be the subject of assignment, and the bounty may be paid to the assignee upon production of satisfactory proof of the assignment.

Production of Account Sales of Goods exported.

36. Where bounty is not payable unless the goods have been exported the Minister may, before payment of bounty, require the production of account sales of the exported goods, and satisfactory verification of the account sales.

 

APPENDIX A.

 

Natural Products.

1. Cotton Ginned.

2. Fibres, viz.:—

(a) N.Z. Flax.

(b) Flax and Hemp.

(c) Jute.

(d) Sisal Hemp.

3. Oil Materials Supplied to an Oil Factory for the Manufacture of Oil—

(a) Cottonseed.

(b) Linseed (Flax Seed).

4. Rice, Uncleaned.

5. Rubber.

6. Coffee, Raw, as prescribed.

7. Tobacco Leaf for the manufacture of cigars, high grade, of the prescribed quality.

8. Dates, dried.

Manufactures.

9. Fish, preserved.

10. Fruits, Dried (except currants and raisins) or Candied, and exported.

11. Combed wool or tops, exported.

 

By Authority: J. Kemp, Government Printer, Melbourne.