Bounty (Commercial Motor Vehicles) Act 1978 (Cth)
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 [Note: This Act is "repealed" by Act No. 42 of 1990]
(#DATE 01:07:1986)
(#DATE 01:07:1986)
Compilation Information - Reprinted as at 1 July 1986
*1* The Bounty (Commercial Motor Vehicles) Act 1978 as shown in this reprint comprises Act No. 208, 1978 amended as indicated in the Tables below.
Table of Acts
--------------------------------------------------------------------------------
Act Number
and year Date
of Assent Date of
commencement Application,
saving
or transitional
provisions
--------------------------------------------------------------------------------
Bounty (Commercial Motor 208, 1978 6 Dec 1978 17 Aug 1978
Vehicles) Act 1978 Statute Law (Miscellaneous26, 1982 7 May 1982 Part X (s.72); 4 June -
Amendments) Act (No. 1) 1982 (a)
1982 Bounty (Commercial Motor 10, 1985 5 Apr 1985 31 Dec 1984 -
Vehicles) Amendment Act
1985 Customs Administration 39, 1985 29 May 1985 10 June 1985 (see s.2 S.4
(Transitional Provisions and Gazette 1985, No
and Consequential S194, p.1)
Amendments) Act 1985 Bounty (Commercial Motor 182, 1985 16 Dec 1985 Ss.8(2)
Vehicles) Amendment Act 10(2), 14(2)
(No. 2) 1985 and (3) Bounty and Subsidy 37, 1986 24 June 1986Part III (ss. 5 and 6): -
Legislation Amendment Royal Assent (b)
Act 1986 --------------------------------------------------------------------------------
(a) The Bounty (Commercial Motor Vehicles) Act 1978 was amended by Part X
(section 72) only of the Statute Law (Miscellaneous Amendments) Act (No. 1)
1982, sub-section 2 (12) of which provides as follows:
"(12) The remaining provisions of this Act shall come into operation on
the twenty-eighth day after the day on which this Act receives the Royal
Assent."
(b) The Bounty (Commercial Motor Vehicles) Act 1978 was amended by Part III
(sections 5 and 6) only of the Bounty and Subsidy Legislation Amendment Act
1986, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-------------------------------------------------------------------------------
Provision affected How affected -------------------------------------------------------------------------------
Heading to Part I ... ad. No. 182, 1985
S. 2A ............... ad. No. 39, 1985
S. 3 ............... am. Nos. 10, 39 and 182, 1985
Ss. 4, 5 ............ am. No. 182, 1985
S. 5A ............... ad. No. 182, 1985
S. 7 ............... am. No. 182, 1985
Heading to Part II .. ad. No. 182, 1985
S. 7A ............... ad. No. 182, 1985
S. 8 ............... am. No. 182, 1985
Ss. 10-14 ........... am. Nos. 39 and 182, 1985
Part III (ss. 14A-14Q). ........... ad. No. 182, 1985
Ss. 14A-14Q ......... ad. No. 182, 1985
Heading to Part IV .. ad. No. 182, 1985
S. 15 ............... am. No. 39, 1985
rs. No. 182, 1985
Ss. 16-19 ........... am. No. 182, 1985
Ss. 19A, 19B ....... ad. No. 182, 1985
Heading to Part V ... ad. No. 182, 1985
S. 20 ............... am. No. 26, 1982; No. 182, 1985
S. 21 .............. am. Nos. 39 and 182, 1985
S. 22 .............. am. Nos. 39 and 182, 1985; No. 37, 1986
S. 22A ............. ad. No. 182, 1985
Ss. 23, 24 ......... rs. No. 182, 1985 --------------------------------------------------------------------------------
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
2A. General administration of Act
3. Interpretation
4. Prescribed component
5. Australian percentage
5A. Australian content percentage
6. Uniformity
7. Specification of bounty
PART II-BOUNTY ON CERTAIN MOTOR VEHICLES ASSEMBLED BEFORE 1 JANUARY
1986
7A. Application of Part II
8. Rate of bounty
9. Good quality essential
10. Approval of payment of bounty
11. Advance on account of bounty
12. Registration of premises
13. Accounts
14. Securities
PART III-BOUNTY ON CERTAIN MOTOR VEHICLES ASSEMBLED ON OR AFTER 1
JANUARY 1986
Division 1-Preliminary
14A. Application of Part III
14B. Years to which this Part applies
14C. Determination of certain costs, &c.
Division 2-Bounty
14D. Rate of bounty
14E. Availability of bounty
14F. Good quality of bountiable vehicles
Division 3-Payment of Bounty
14G. Advances on account of bounty
14H. Claims for payment of bounty
14J. Variation of inadequate claims
14K. Variation of excessive claims
14L. Other adjustments of claims
14M. Recovery of repayments
Division 4-Miscellaneous
14N. Registration of premises
14P. Accounts relating to bountiable vehicles
14Q. Securities relating to bountiable vehicles
PART IV-ADMINISTRATION
15. Appointment of authorised officers
16. Stock-taking and inspection of assembly and accounts, &c.
17. Power to require person to answer questions and produce documents
18. Power to examine on oath, &c.
19. Offences
19A. Time for prosecutions
19B. Recovery of bounty on conviction
PART V-MISCELLANEOUS
20. Return for Parliament
21. Delegation
22. Applications for review
22A. Statement to accompany notice of decisions
23. Appropriation
24. Regulations
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - LONG TITLE SECT
An Act to provide for the payment of bounty on the production of
certain motor vehicles
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - PART I
PART I-PRELIMINARY
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 1
Short titleSECT
1. This Act may be cited as the Bounty (Commercial Motor Vehicles) Act 1978.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 2
CommencementSECT
2. This Act shall be deemed to have come into operation on 17 August 1978.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 2A
General administration of ActSECT
2A. The Comptroller-General has the general administration of this Act.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears-
"approved form" means a form approved by the Comptroller-General in writing;
"assembler", in relation to a bountiable vehicle, means the person who produced the vehicle by carrying out the last step in the assembly of the vehicle, whether or not the person carried out any of the earlier steps in that assembly;
"Australian percentage" has the meaning given by section 5;
"Australian content percentage" has the meaning given by section 5A;
"authorised officer" means a person who is an authorised officer for the purposes of this Act by virtue of an appointment under section 15;
"bountiable vehicle" means a commercial motor vehicle that has not been completely constructed but has been assembled as a unit consisting of all the major mechanical components and electrical components relating to those components, including the motor that is to propel the vehicle, the transmission components, the brake components, the steering gear components, components of the suspension system, the axles and the wheels;
"bounty" means bounty under this Act;
"Collector" has the same meaning as in the Customs Act 1901;
"commercial motor vehicle" means a motor vehicle-
(a) that is designed solely or principally for the transport on highways
of people, animals or goods; and
(b) the designed maximum laden weight of which, that is to say the weight
known as the gross vehicle mass, is not less than 2.72 tonnes;
"Comptroller-General" means the Comptroller-General of Customs;
"goods" includes materials, equipment, liquid and gas;
"period to which this Act applies" means the period that commenced on 17 August 1978 and ends on 31 December 1988;
"prescribed component" has the meaning given by section 4;
"prescribed premises" means premises registered by the Comptroller-General under section 14N;
"registered premises" means premises registered under section 12;
"vehicle component" means a component for a motor vehicle, and includes a component for such a component.(2) For the purposes of this Act, bounty payable in respect of a bountiable vehicle shall be deemed to have become payable on the completion of the last step in the assembly of the vehicle.
(3) For the purposes of this Act, 2 persons shall be taken to be business associates if-
(a) one has an interest, whether direct or indirect, in the business or property of the other;
(b) both have an interest, whether direct or indirect, in the same business or property; or
(c) another person has an interest, whether direct or indirect, in the business or property of each of them.(4) For the purposes of this Act, 2 persons shall be deemed to be associates of each other if, and only if-
(a) both being natural persons-
(i) they are connected by a blood relationship or by marriage or by
adoption; or
(ii) one of them is an officer or director of a body corporate controlled, directly or indirectly, by the other;
(b) both being bodies corporate-
(i) both of them are controlled, directly or indirectly, by a third
person (whether or not a body corporate);
(ii) both of them together control, directly or indirectly, a third body
corporate; or
(iii) the same person (whether or not a body corporate) is in a position
to cast, or control the casting of, 5% or more of the maximum number of votes that might be cast at a general meeting of each of them;
(c) one of them, being a body corporate, is, directly or indirectly, controlled by the other (whether or not a body corporate);
(d) one of them, being a natural person, is an employee, officer or director of the other (whether or not a body corporate);
(e) they are members of the same partnership; or
(f) they are trustees or beneficiaries, or one of them is a trustee and the other is a beneficiary, of the same trust.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 4
Prescribed componentSECT
4. (1) A reference in this Act to a prescribed component shall be read as a reference to-
(a) an assembled basic vehicle component that was purchased by the assembler of a bountiable vehicle and used by the assembler in the assembly of the vehicle, whether or not the basic vehicle component, when so purchased, was joined to any other vehicle component so used; or
(b) an assembled or complete vehicle component that was purchased by the assembler of a bountiable vehicle and used by the assembler in the assembly of a basic vehicle component used by the assembler in the assembly of the vehicle, whether or not the vehicle component, when so purchased, was joined to any other vehicle component that was not used in the assembly of that basic component but was used in the assembly of the vehicle.(2) In this section-
"air brake equipment" means equipment for operating an air brake, but does not include-
(a) an air hose or air pipe used to connect an air compressor or reservoir with a wheel; or
(b) a brake drum or brake shoe, or a brake disc or disc brake pad;
"basic vehicle component" means-
(a) air brake equipment;
(b) a hub to hub axle assembly;
(c) a gearbox with operating devices;
(d) a propeller shaft assembly;
(e) a suspension system; or
(f) a wheel.
(3) For the purposes of this section-
(a) a component for a suspension system shall not be taken to form part of an axle assembly;
(b) the gearing enclosed in a gearbox shall be taken to form part of the gearbox;
(c) a chassis or sub-frame member shall not be taken to form part of a suspension system; and
(d) a tyre or tube shall not be taken to form part of a wheel.(4) For the purposes of this section, a component used in the assembly of a bountiable vehicle shall be taken to be a particular kind of basic vehicle component if, and only if, the Comptroller-General is satisfied, having regard to the type of vehicle and to the practices of the motor vehicle industry, that the component has the essential character of a basic vehicle component of that kind.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 5
Australian percentageSECT
5. (1) A reference in this Act to the Australian percentage of a prescribed component used in the assembly of a bountiable vehicle is a reference to the percentage that represents A-B-C expressed as a percentage of A-B, where, subject to sub-section (2)-
A is the amount determined by the Comptroller-General, in accordance with sound accounting principles, to be the lowest ex-works selling price paid or payable to the manufacturer of the prescribed component for a vehicle component of the same kind as the prescribed component sold by the manufacturer, during the financial year immediately preceding the financial year in which the prescribed component was delivered to the assembler of the vehicle, to any person (whether or not the assembler) who is not a business associate of the manufacturer of the prescribed component and is otherwise at arm's length with the manufacturer of the prescribed component for use as a vehicle component in a commercial motor vehicle;
B is the amount determined by the Comptroller-General, in accordance with sound accounting principles, to be the cost to the manufacturer of the prescribed component of the raw materials (if any) used by the manufacturer in manufacturing vehicle components used by the manufacturer in the manufacture of the prescribed component; and
C is the amount determined by the Comptroller-General, in accordance with sound accounting principles, to be the duty paid cost to the manufacturer of the prescribed component of vehicle components imported into Australia and used by the manufacturer in the manufacture of the prescribed component (if any) delivered into the store of the manufacturer.(2) Where the Comptroller-General is unable to determine the amount of a price or cost relating to a prescribed component that is A, B or C for the purposes of sub-section (1), that amount shall be taken to be such amount as is estimated by the Comptroller-General, having regard to all relevant circumstances and the nature of that price or cost, to be an appropriate amount in respect of that component for the purposes of that sub-section.
(3) Without limiting the generality of sub-section (2), the Comptroller-General shall, for the purposes of that sub-section, be taken to be unable to determine the amount of a price or cost relating to a prescribed component if-
(a) the Comptroller-General, after taking all reasonable steps to ascertain and verify information necessary for the determination of the amount, has been unable to ascertain or verify that information, by reason of the failure of the manufacturer of the prescribed component to supply information or to permit the Comptroller-General or an authorized officer to inspect accounts, books, documents or other records relating to information, or otherwise;
(b) in the case of the amount of a lowest ex-works selling price-there were no relevant prices; or
(c) in the case of the amount of the cost of raw materials or of an imported vehicle component-the Comptroller-General is satisfied that the amount of the cost has been influenced, or that there is no cost, by reason of a commercial, financial or other relationship between the manufacturer of the prescribed component or a business associate of the manufacturer and the supplier of the raw materials or vehicle component, as the case may be, or a business associate of the supplier, not being the relationship created by the supply itself.(4) A reference in this section to raw materials used in the manufacture of a vehicle component shall be read as a reference to materials that were required to be treated or cut by the manufacturer of the component before being able to be so used.
(5) In this section-
"manufacture", in relation to a vehicle component, includes assemble;
"manufacturer", in relation to a vehicle component, means the person who produced the component by carrying out the last step in the manufacture of the component;
"financial year" means the 12 months ending on 30 June.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 5A
Australian content percentageSECT
5A. (1) A reference in this Act to the Australian content percentage of a prescribed component used in the assembly of a bountiable vehicle is a reference to the percentage that represents D-E-F expressed as a percentage of D-E, where-
D is the lowest ex-works selling price paid or payable to the manufacturer of the prescribed component for a vehicle component of the same kind as the prescribed component sold by the manufacturer, during the calendar year immediately preceding the calendar year in which the prescribed component was delivered to the assembler of the vehicle, to any person (whether or not the assembler) who is not an associate of the manufacturer of the prescribed component and is otherwise at arm's length with the manufacturer of the prescribed component for use as a vehicle component in a commercial motor vehicle;
E is the cost to the manufacturer of the prescribed component of the raw materials (if any) used by the manufacturer in manufacturing vehicle components used by the manufacturer in the manufacture of the prescribed component; and
F is the duty paid cost to the manufacturer of the prescribed component of vehicle components imported into Australia and used by the manufacturer in the manufacture of the prescribed component (if any) delivered into the store of the manufacturer.(2) A reference in this section to raw materials used in the manufacture of a vehicle component shall be read as a reference to materials that were required to be treated or cut by the manufacturer of the component before being able to be so used.
(3) In this section, "manufacture" and "manufacturer", in relation to a vehicle component, have the same respective meanings as they have in section 5.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 6
UniformitySECT
6. A power conferred on the Governor-General, the Minister or the Comptroller-General by this Act shall not be exercised in such a manner that bounty under this Act would not be uniform throughout the Commonwealth, within the meaning of paragraph (iii) of section 51 of the Constitution.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 7
Specification of bountySECT
7. (1) Bounty is payable in accordance with this Act on the production in Australia of bountiable vehicles. (2) Bounty in respect of a bountiable vehicle is payable to the assembler of the vehicle.
(3) An assembler is not entitled to receive a payment of bounty in respect of a bountiable vehicle unless-
(a) the assembly of the vehicle was completed during the period to which this Act applies;
(b) where the assembly of the vehicle was completed before 1 January 1986-all steps in the assembly of the vehicle carried out by the assembler were carried out at registered premises;
(ba) where the assembly of the vehicle was completed on or after that day-
(i) all steps (if any) in the assembly of the vehicle carried out by the
assembler before that day were carried out at registered premises; and
(ii) all steps in the assembly of the vehicle carried out by the assembler on or after that day were carried out at prescribed premises; and
(c) all vehicle components used in the assembly of the vehicle were components that had not been used previously as components of, or as parts in, another vehicle.(4) A reference in sub-section (3) to steps in the assembly of a vehicle shall be read as including a reference to steps in the assembly of vehicle components used in that assembly.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - PART II
PART II-BOUNTY ON CERTAIN MOTOR VEHICLES ASSEMBLED BEFORE 1 JANUARY 1986
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 7A
Application of Part IISECT
7A. This Part does not apply to, or in relation to-
(a) bountiable vehicles the assembly of which is completed on or after 1 January 1986; or
(b) bounty on bountiable vehicles specified in paragraph (a).
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 8
Rate of bountySECT
8. (1) The bounty in respect of a bountiable vehicle is 20% of an amount equal to the sum of the into-store values of the prescribed components used in the assembly of the vehicle, other than prescribed components to which this section does not apply. (2) This section does not apply to a prescribed component used in the assembly of a vehicle if-
(a) any business associate of the assembler of the vehicle was an owner of the component before the assembler; or
(b) the Australian percentage of the component is less than 65%.(3) For the purposes of this section, the into-store value of a prescribed component used in the assembly of a bountiable vehicle is such amount as is determined by the Comptroller-General, in accordance with sound accounting principles, to be-
(a) except where paragraph (b) applies-the cost to the assembler of the vehicle of the component delivered into the store of the assembler; or
(b) where the Comptroller-General is satisfied that the amount of the cost referred to in paragraph (a) was influenced by reason of a commercial, financial or other relationship between the assembler of the bountiable 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-the amount that would have been the cost to the assembler of the component delivered into the store of the assembler if that relationship had not existed.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 9
Good quality essentialSECT
9. Bounty is not payable in respect of a bountiable vehicle unless, in the opinion of the Comptroller-General, it is of good and merchantable quality.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 10
Approval of payment of bountySECT
10. (1) Where an application for bounty in respect of a bountiable vehicle is lodged in accordance with the regulations, the Comptroller-General shall-
(a) if he or she is satisfied that bounty is payable in respect of that vehicle-approve the payment of the bounty; or
(b) if he or she is not so satisfied-refuse to approve payment of the bounty.(2) In this section, "bounty" does not include an advance on account of bounty under section 11.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 11
Advance on account of bountySECT
11. (1) An advance on account of bounty may be made to a person on such terms and conditions as are approved by the Comptroller-General. (2) If a person receives by way of advances on account of bounty in respect of a bountiable vehicle an amount greater than the amount of bounty payable to the person in respect of the vehicle, the person is liable to repay to the Commonwealth the amount of the excess, and the Commonwealth may recover the amount of the excess as a debt due to the Commonwealth by action in a court of competent jurisdiction.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 12
Registration of premisesSECT
12. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connection with the assembly of bountiable vehicles at registered premises. (2) Where a person carries on, or proposes to carry on, the assembly of bountiable vehicles at any premises, the person may apply to the Comptroller-General for the registration of those premises for the purposes of this Act.
(3) If any conditions have been prescribed under sub-section (1), the Comptroller-General shall not register premises unless he or she is satisfied that those conditions have been, or will be, complied with.
(4) The Comptroller-General may require an applicant under this section to furnish such information to him or her as the Comptroller-General considers necessary for the purposes of this Act, and may refuse to register the premises until the information is furnished to his or her satisfaction.
(5) Subject to sub-sections (3) and (4), if, in the opinion of the Comptroller-General, the assembly of bountiable vehicles is, or is proposed to be, carried out at the premises in respect of which the application is made, he or she shall register those premises for the purposes of this Act.
(6) If the Comptroller-General so determines, the registration shall be deemed to have taken effect on and from such date, being a date not earlier than 17 August 1978, as is specified by the Comptroller-General.
(7) Where the Comptroller-General is satisfied, in respect of any registered premises-
(a) that the assembly of bountiable vehicles is not being carried out at the premises;
(b) that the assembly of bountiable vehicles is not being carried out at the premises by the person who applied for the registration of the premises; or
(c) if any conditions have been prescribed under sub-section (1), the assembly of bountiable vehicles is being carried out at the premises otherwise than in accordance with those conditions, the Comptroller-General may, by a notice in writing served either personally or by post on the occupier of the premises and, if the occupier is not the person who applied for the registration of the premises, on that person, cancel the registration of the premises.(8) For the purposes of the application of section 29 of the Acts Interpretation Act 1901 to the service by post of a notice under sub-section (7) of this section, a notice posted as a letter addressed to the occupier, or to the person who applied for the registration of the premises, at the registered premises shall be deemed to be properly addressed.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 13
AccountsSECT
13. A person is not entitled to bounty unless the person keeps, to the satisfaction of the Comptroller-General, accounts, books, documents and other records showing, from time to time, particulars of the assembly of bountiable vehicles and such other information in relation to bountiable vehicles or prescribed components as the Comptroller-General requires.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14
SecuritiesSECT
14. The Comptroller-General may require an assembler of bountiable vehicles to give security in an amount determined by the Comptroller-General by bond, guarantee or cash deposit, or by all or any of those methods, for compliance by the assembler with the provisions of this Act and the regulations or for the purpose of an undertaking given by the assembler for the purposes of this Act or the regulations, and the assembler is not entitled to bounty unless the assembler gives security accordingly.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - PART III
PART III-BOUNTY ON CERTAIN MOTOR VEHICLES ASSEMBLED ON OR AFTER 1 JANUARY
1986
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - DIVISION 1
Division 1-Preliminary
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14A
Application of Part IIISECT
14A. This Part does not apply to, or in relation to-
(a) bountiable vehicles the assembly of which was completed before 1 January 1986; or
(b) bounty on bountiable vehicles specified in paragraph (a).
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14B
Years to which this Part appliesSECT
14B. For the purposes of this Act, each of the following years is a year to which this Part applies:
(a) the year 1986;
(b) the year 1987;
(c) the year 1988.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14C
Determination of certain costs, &c.SECT
14C. (1) Where, in relation to a claim for bounty or otherwise for the purposes of this Act, the Comptroller-General-
(a) is unable to verify a lowest ex-works selling price referred to in sub-section 5A (1) in relation to a vehicle component; or
(b) forms the opinion that, having regard to sound accounting principles, such a price-
(i) is incorrect or overestimated;
(ii) is higher than would have been the case if the manufacturer of the
component had not marginally costed or similarly disproportionately costed the production of goods the cost of which does not affect the amount of bounty;
(iii) has been fixed in order to obtain an increase in bounty;
(iv) is unduly higher than similar prices paid by other persons;
(v) has been increased as the result of the influence of a relationship
between the manufacturer and an associate of the manufacturer; or
(vi) is higher than would have been the case if the manufacturer had
provided services that were provided, and charged for, by an associate of the manufacturer, the Comptroller-General may, by writing signed by him or her, determine, for the purposes of this Act, that price, being the price that, having regard to all relevant circumstances, the Comptroller-General considers to be appropriate, and that determination shall have effect accordingly.(2) Where, in relation to a claim for bounty or otherwise for the purposes of this Act, the Comptroller-General-
(a) is unable to verify a cost referred to in sub-section 14D (3) in relation to a prescribed component; or
(b) forms the opinion that, having regard to sound accounting principles, such a cost-
(i) is incorrect or overestimated;
(ii) is higher than would have been the case if the manufacturer of the
component had not marginally costed or similarly disproportionately costed the production of goods the cost of which does not affect the amount of bounty;
(iii) has been fixed in order to obtain an increase in bounty;
(iv) is unduly higher than similar costs incurred by other persons;
(v) has been increased as the result of the influence of a relationship
between the manufacturer and an associate of the manufacturer; or
(vi) is higher than would have been the case if the manufacturer had
provided services that were provided, and charged for, by an associate of the manufacturer, the Comptroller-General may, by writing signed by him or her, determine, for the purposes of this Act, that cost, being the cost that, having regard to all relevant circumstances, the Comptroller-General considers to be appropriate, and that determination shall have effect accordingly.(3) Where, in relation to a claim for bounty or otherwise for the purposes of this Act, the Comptroller-General-
(a) is unable to verify a cost to a manufacturer of a prescribed component, being a cost referred to in sub-section 5A (1); or
(b) forms the opinion that, having regard to sound accounting principles, such a cost-
(i) is incorrect or underestimated;
(ii) is lower than would have been the case if the manufacturer had not
marginally costed or similarly disproportionately costed the production of goods the cost of which does not affect the amount of bounty;
(iii) has been fixed in order to obtain an increase in bounty;
(iv) is unduly lower than a similar cost incurred by other persons;
(v) has been reduced as the result of the influence of a relationship
between the manufacturer and an associate of the manufacturer; or
(vi) is lower than would have been the case if the manufacturer had
provided services that were provided, and charged for, by an associate of the manufacturer, the Comptroller-General may, by writing signed by him or her, determine that cost for the purposes of this Act, being the cost that, having regard to all relevant circumstances, the Comptroller-General considers to be appropriate, and that determination shall have effect accordingly.(4) When making a determination under sub-section (1) in relation to a vehicle component or a determination under sub-section (2) or (3) in relation to a prescribed component, the Comptroller-General may, if he or she considers it appropriate, disregard any costs charged to, or levied on, the manufacturer of the component by an associate of the manufacturer, other than costs actually incurred by the associate.
(5) In this section, "manufacturer", in relation to a vehicle component, has the same meaning as it has in section 5.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - DIVISION 2
Division 2-Bounty
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14D
Rate of bountySECT
14D. (1) The bounty in respect of a bountiable vehicle is-
(a) where the assembly of the vehicle was completed during the year 1986-16%;
(b) where the assembly of the vehicle was completed during the year 1987-12%; or
(c) where the assembly of the vehicle was completed during the year 1988-8%, of an amount equal to the sum of the into-store values of the prescribed components used in the assembly of the vehicle, other than prescribed components to which this section does not apply.(2) This section does not apply to a prescribed component used in the assembly of the vehicle if-
(a) any associate of the assembler of the vehicle was an owner of the component before the assembler; or
(b) the Australian content percentage of the component is less than 65%.(3) For the purposes of this section, the into-store value of a prescribed component used in the assembly of a bountiable vehicle is the cost to the assembler of the vehicle of the component delivered into the store of the assembler.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14E
Availability of bountySECT
14E. (1) Notwithstanding any other provision of this Act, if the Comptroller-General is of the opinion that the amount available in a year to which this Part applies for payment of bounty will be insufficient to meet all valid claims for bounty payable in that year, the Comptroller-General may, subject to the regulations-
(a) defer the making of such payments of bounty as the Comptroller-General considers appropriate; and
(b) make payments of bounty in such order as the Comptroller-General considers appropriate.(2) Notwithstanding any other provision of this Act, if money is not appropriated by the Parliament for the purpose of the payment of bounty in a financial year, a person is not entitled to be paid bounty in that year.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14F
Good quality of bountiable vehiclesSECT
14F. Bounty is not payable in respect of a bountiable vehicle if the Comptroller-General declares in writing that, in his or her opinion, the vehicle is not of good and merchantable quality.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - DIVISION 3
Division 3-Payment of Bounty
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14G
Advances on account of bountySECT
14G. (1) An advance on account of bounty may be made to a person on such terms and conditions as are approved by the Comptroller-General in writing. (2) If a person receives, by way of advances on account of bounty in respect of a particular bountiable vehicle, an amount that exceeds the amount of bounty payable to the person in respect of that vehicle, the person is liable to repay to the Commonwealth the amount of the excess.
(3) If a person receives an amount by way of advances on account of bounty that may become payable to the person and the bounty does not become payable to the person, the person is liable to repay to the Commonwealth the amount so received.
(4) If, at the expiration of a year to which this Part applies, an assembler of bountiable vehicles has received, by way of advances on account of bounty that may become payable to the assembler during that year in respect of bountiable vehicles, an amount that exceeds the sum of-
(a) the amount of bounty that became payable to the assembler during that year in respect of bountiable vehicles; and
(b) the amount or amounts (if any) paid to the assembler during that year in respect of bountiable vehicles that the assembler is liable to repay to the Commonwealth by virtue of sub-section (2) or (3), the assembler is liable to repay to the Commonwealth the amount of the excess.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14H
Claims for payment of bountySECT
14H. (1) A person who claims to be entitled to be paid an amount of bounty in respect of a bountiable vehicle may lodge a claim for payment to the person of the amount. (2) A claim under sub-section (1) in respect of a bountiable vehicle shall-
(a) be in accordance with the appropriate approved form;
(b) set out particulars of the costs necessary to ascertain, in accordance with section 14D (3), the into-store value of each prescribed component used in the assembly of the vehicle;
(c) set out particulars of the Australian content percentage of each prescribed component used in the assembly of the vehicle;
(d) set out the name and place of business of the manufacturer of each prescribed component used in the assembly of the vehicle;
(e) include such information as is, and such estimates as are, required by the form;
(f) be signed and witnessed as required by the form; and
(g) be lodged with a Collector for a State or Territory, or with the Comptroller-General, within 12 months after the day on which the assembly of the vehicle was completed.(3) As soon as practicable after the lodgment of the claim, the Comptroller-General shall, after examining the claim and causing such inquiries as the Comptroller-General considers necessary to be made (including inquiries under sections 16 and 17)-
(a) if the Comptroller-General is satisfied that the claim complies with sub-section (2) and that-
(i) the claimant is; or
(ii) if certain estimates are correct, the claimant is,
otherwise entitled to be paid an amount of bounty in respect of the
bountiable vehicle to which the claim relates-approve, in writing, payment of the amount; or
(b) if the Comptroller-General is not so satisfied-refuse, in writing, to approve payment of bounty in respect of the vehicle to which the claim relates.(4) Where the Comptroller-General makes a decision under sub-section (3) in relation to a claim approving, or refusing to approve, payment of bounty, not being a decision approving payment of the amount of bounty claimed that is made within 30 days after the lodging of the claim, the Comptroller-General shall cause to be served on the person who lodged the claim, a notice in writing setting out the decision.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14J
Variation of inadequate claimsSECT
14J. (1) Where a person who has lodged a claim under section 14H (whether or not the claim has been dealt with under sub-section 14H (3)) considers that the claim was, by reason of an inadvertent error, a claim for an amount of bounty in respect of a bountiable vehicle that was less than the amount of bounty that the person was entitled to claim in respect of that vehicle, the person may lodge a claim for payment to the person of the difference between the 2 amounts.
(2) A claim under sub-section (1) in respect of a bountiable vehicle shall-
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by the form;
(c) be signed and witnessed as required by the form; and
(d) be lodged with a Collector for a State or Territory, or with the Comptroller-General, within 12 months after the day on which the assembly of the vehicle was completed.(3) Where a claim under sub-section (1) relates to a claim under section 14H that has not been dealt with under sub-section 14H (3), the 2 claims shall be dealt with under sub-section 14H (3) as if they were one claim under section 14H.
(4) As soon as practicable after the lodgment of a claim under sub-section (1) to which sub-section (3) does not apply, the Comptroller-General shall, after examining the claim and causing such inquiries as the Comptroller-General considers necessary to be made (including inquiries under sections 16 and 17)-
(a) if the Comptroller-General is satisfied that the claim complies with sub-section (2) and that-
(i) the claimant is; or
(ii) if certain estimates are correct, the claimant is,
otherwise entitled to be paid an additional amount of bounty in respect of
the bountiable vehicle to which the claim relates-approve, in writing, payment of the additional amount; or
(b) if the Comptroller-General is not so satisfied-refuse, in writing, to approve payment of an additional amount of bounty in respect of the vehicle to which the claim relates.(5) Where the Comptroller-General makes a decision under sub-section (4) in relation to a claim approving, or refusing to approve, payment of an additional amount of bounty, not being a decision approving payment of the additional amount claimed that is made within 30 days after the lodging of the claim, the Comptroller-General shall cause to be served on the person who lodged the claim, a notice in writing setting out the decision.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14K
Variation of excessive claimsSECT
14K. (1) Where a person who has lodged a claim under section 14H (whether or not the claim has been dealt with under sub-section 14H (3)) becomes aware that the claim is, by reason of an inadvertent error, a claim for an amount of bounty in respect of bountiable vehicles that exceeds the amount of bounty that the person was entitled to claim in respect of those vehicles by more than $100, the person shall, within 28 days after discovering the error, lodge an acknowledgement of the error, being an acknowledgement that complies with sub-section (2).
Penalty: $1,000.(2) An acknowledgement under sub-section (1) in respect of bountiable vehicles shall-
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by the form;
(c) be signed and witnessed as required by the form; and
(d) be lodged with a Collector for a State or Territory or with the Comptroller-General.(3) Where an acknowledgement relates to a claim under section 14H that has not been dealt with under sub-section 14H (3), the claim shall be dealt with under that sub-section as if it had been amended in accordance with the acknowledgement.
(4) Where the Comptroller-General, after examining an acknowledgement under sub-section (1) to which sub-section (3) does not apply and causing such inquiries as the Comptroller-General considers necessary to be made (including inquiries under sections 16 and 17), is satisfied that there has been an overpayment of a claim by more than $100, the Comptroller-General shall cause to be served on the person who lodged the claim a demand for the repayment of the amount of the overpayment, and that person is liable to repay that amount to the Commonwealth.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14L
Other adjustments of claimsSECT
14L. If the Comptroller-General becomes satisfied, otherwise than after examining an acknowledgement under sub-section 14K (1) that there has been an overpayment of a claim for bounty by more than $100, the Comptroller-General shall cause to be served on the person who lodged the claim a demand for repayment of the amount of the overpayment, and that person is liable to repay that amount to the Commonwealth.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14M
Recovery of repaymentsSECT
14M. (1) Where a person is liable to repay an amount to the Commonwealth under section 14G, 14K or 14L, the Commonwealth may recover that amount as a debt due to the Commonwealth by action in a court of competent jurisdiction. (2) Where a person is liable to repay an amount to the Commonwealth under section 14G, 14K or 14L, that amount may be deducted from any other amount that is payable to the person under this Act and, where the first-mentioned amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - DIVISION 4
Division 4-Miscellaneous
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14N
Registration of premisesSECT
14N. (1) Subject to this section, premises that are used solely or principally for industrial or commercial purposes may be registered under this section for the purposes of this Act. (2) An application for the registration of premises under this section may be made to the Comptroller-General, in writing, by a person who carries on, or proposes to carry on, the production of bountiable vehicles at those premises.
(3) Subject to sub-sections (6), (7) and (8), where an application for the registration of premises is made under sub-section (2) by a person who, in the opinion of the Comptroller-General, carries on, or proposes to carry on, the assembly of bountiable vehicles at those premises, the Comptroller-General shall-
(a) register those premises in the name of the applicant by signing a notice, in writing, specifying the day on which it was signed and stating that the premises have been so registered and causing that notice to be served, either personally or by post, on the applicant; or
(b) refuse to register those premises and cause a notice, in writing, stating that the Comptroller-General has refused to register those premises to be served, either personally or by post, on the applicant.(4) The registration of premises under this section has effect on and from the day on which the notice under paragraph (3) (a), in relation to the premises, is signed, or such earlier day, not being a day earlier than 1 January 1986, as is determined by the Comptroller-General and specified in that notice.
(5) The regulations may prescribe conditions to be complied with in connection with the production of bountiable vehicles at registered premises.
(6) If conditions have been prescribed under sub-section (5), the Comptroller-General shall not register premises under this section unless the Comptroller-General is satisfied that the conditions have been, or will be, complied with in respect of those premises.
(7) The Comptroller-General may require an applicant for the registration of premises under this section to furnish such information as the Comptroller-General considers necessary for the purposes of this Act and may refuse to register the premises until the information is furnished to the satisfaction of the Comptroller-General.
(8) Where an applicant for the registration of premises under this section was not, on 31 December 1985, engaged in the assembly of bountiable vehicles at those premises, the Comptroller-General shall not register those premises if the Minister has informed the Comptroller-General that the registration of those premises will not permit the orderly development in Australia of the industry that is concerned with the assembly of bountiable vehicles.
(9) The regulations may prescribe conditions to be met by an applicant for the registration of premises under this section, including, without limiting the generality of the foregoing, the condition requiring the applicant to be a person included in a specified class of persons.
(10) If conditions have been prescribed for the purposes of sub-section (9), the Comptroller-General shall not register premises under this section unless-
(a) the Comptroller-General is satisfied that the conditions are, or will be, met by the applicant for the registration of the premises; or
(b) registration of the premises is otherwise permitted under the regulations.(11) Premises that, on 31 December 1985, are registered premises shall be deemed to be registered under this section with effect from 1 January 1986.
(12) Where-
(a) premises are registered under this section; and
(b) the person in whose name the premises are so registered and a person who carries on, or proposes to carry on, the assembly of bountiable vehicles at those premises (in this sub-section referred to as the "transferee") make a joint application in writing to the Comptroller-General for the transfer of the registration of the premises to the name of the transferee, the Comptroller-General shall transfer the registration of those premises to the name of the transferee by causing a notice, in writing, stating that the registration has been so transferred to be served, either personally or by post, on the transferee.(13) A transfer under sub-section (12) has effect from such day as is specified in the notice under that sub-section in relation to the transfer, being a day on or after 1 January 1986 and not earlier than 6 months before the day on which the application for the transfer was made.
(14) Where the Comptroller-General becomes satisfied, in respect of premises registered under this section-
(a) that the assembly of bountiable vehicles is not being carried on at those premises;
(b) that the assembly of bountiable vehicles at those premises is being carried on by a person other than-
(i) the person in whose name the premises are registered; or
(ii) a person who has made an application under paragraph (12) (b) in
relation to the premises;
(c) if any conditions have been prescribed under sub-section (5) or (9), that the assembly of bountiable vehicles is being carried on at those premises otherwise than in accordance with those conditions; or
(d) those premises are not being used solely or principally for industrial or commercial purposes, the Comptroller-General may cancel the registration of those premises by causing a notice, in writing, stating that the registration of those premises has been cancelled to be served, either personally or by post, on-
(e) the occupier of those premises; and
(f) if the occupier is not the person in whose name those premises are registered, on the person in whose name the premises are registered.(15) For the purposes of the application of section 29 of the Acts Interpretation Act 1901 to the service on a person by post of a notice under this section in relation to premises, such a notice posted as a letter addressed to that person at the premises shall be deemed to be properly addressed.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14P
Accounts relating to bountiable vehiclesSECT
14P. (1) A person is not entitled to bounty unless-
(a) the person keeps, in writing in the English language, such accounts, books, documents and other records as correctly record and explain-
(i) such particulars relating to the assembly (including the cost of
assembly) of bountiable vehicles in respect of which bounty is, or may become, payable as are specifed by the Comptroller-General in a notice published in the Gazette; and
(ii) such other particulars (if any) in relation to those vehicles as are
specified by the Comptroller-General by notice in writing served on the person; and
(b) the person retains those accounts, books, documents and other records for at least 3 years after the completion of the assembly of the vehicles concerned.(2) For the purposes of this section, accounts, books, documents or other records shall be taken to be kept in writing in the English language if they are kept in a form in which they are readily accessible and readily convertible into writing in the English language.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 14Q
Securities relating to bountiable vehiclesSECT
14Q. The Comptroller-General may, by notice in writing served on a person to whom bounty could become payable, require the person to give security, in an amount determined by the Comptroller-General, by bond, guarantee or cash deposit, or by all or any of those methods, for compliance by the person with the provisions of this Act and the regulations, or for the purpose of an undertaking given by the person for the purposes of this Act or the regulations, and, where a person is so required to give security, the person is not entitled to bounty, or an advance on account of bounty, unless the person gives security in accordance with the requirement.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - PART IV
PART IV-ADMINISTRATION
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 15
Appointment of authorised officersSECT
15. (1) The Comptroller-General may, by writing signed by the Comptroller-General, appoint-
(a) a specified officer;
(b) the officer for the time being holding, or performing the duties of, a specified office; or
(c) officers included in a specified class of officers, to be an authorised officer, or authorised officers, for the purposes of this Act.(2) In sub-section (1), "officer" means an officer of the Australian Customs Service.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 16
Stock-taking and inspection of assembly and accounts, &c.SECT
16. (1) For the purposes of this Act, an authorised officer may, at all reasonable times, enter-
(a) registered premises; or
(b) premises where there are stored vehicles in respect of which bounty has been claimed, or, in the opinion of the authorised officer, is likely to be claimed, and may-
(c) inspect or take stock of any such vehicles;
(d) inspect the processes of the assembly of any such vehicles; and
(e) inspect the accounts, books, documents and other records relating to the assembly of such vehicles.(2) The occupier or person in charge of registered premises, or of premises referred to in paragraph (1) (b), shall provide the authorised officer with all reasonable facilities and assistance for the effective exercise of his or her powers under this section.
Penalty: $200.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 17
Power to require person to answer questions and produce documentsSECT
17. (1) The Comptroller-General, a Collector or an authorised officer may, by notice in writing, require a person whom he or she believes to be capable of giving information relevant to the operation of this Act in relation to the assembly of vehicles to attend before him or her at the time and place specified in the notice and there to answer questions and to produce to him or her such accounts, books, documents and other records in relation to the assembly of vehicles as are referred to in the notice. (2) The Comptroller-General, a Collector or an authorised officer may make and retain copies of, or extracts from, any accounts, books, documents or other records produced in pursuance of this section.
(3) A person is not excused from answering a question or producing any accounts, books, documents or other records when required so to do under this section on the ground that the answer to the question, or the production of the accounts, books, documents or other records, might tend to incriminate the person or make the person liable to a penalty, but the person's answer to any such question is not admissible in evidence against the person in proceedings other than proceedings for an offence against paragraph 19 (1) (c) or 19 (3) (a).
(4) Where an assembler of bountiable vehicles, or a person employed by an assembler of bountiable vehicles, has failed to attend or to answer a question, or to produce any account, book, document or other record when required to do so under this section, bounty is not payable to the assembler, unless the Comptroller-General otherwise directs, until the assembler or that person has attended, answered the question or produced the account, book, document or other record, as the case may be.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 18
Power to examine on oath, &c.SECT
18. (1) The Comptroller-General, a Collector or an authorised officer may examine, on oath or affirmation, a person attending before him or her in pursuance of section 17 and, for that purpose, may administer an oath or affirmation to that person. (2) The oath or affirmation to be made by a person for the purposes of sub-section (1) is an oath or affirmation that the answers he or she will give to questions asked him or her will be true.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 19
OffencesSECT
19. (1) A person shall not, without reasonable excuse, refuse or fail-
(a) to attend before the Comptroller-General, a Collector or an authorised officer;
(b) to be sworn or make an affirmation; or
(c) to answer a question or produce an account, book, document or other record, when so required in pursuance of this Act.
Penalty: $1,000.(2) A person shall not knowingly obtain or attempt to obtain bounty that is not payable.
Penalty: $2,000 or imprisonment for 12 months, or both.(3) A person shall not-
(a) make to an authorised officer or other person exercising a power or performing a function or duty in relation to this Act a statement, either orally or in writing, that is to the knowledge of the person false or misleading in a material particular; or
(b) present (otherwise than in pursuance of sub-section 17 (1)) to an authorised officer or other person exercising a power or performing a function or duty in relation to this Act an account, book, document or other record that is to the knowledge of the person false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.(4) A person shall not be convicted of an offence against or arising out of sub-section (2) and an offence against or arising out of sub-section 14K (1), or an offence against or arising out of sub-section (2) and an offence against or arising out of sub-section (3), in respect of the same claim for bounty.
(5) A reference in sub-section (4) to a person being convicted of an offence includes a reference to an order being made under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.
(6) In this section, "bounty" includes an advance on account of bounty under section 11 or 14G.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 19A
Time for prosecutionsSECT
19A. Notwithstanding anything in any other law, proceedings for an offence against this Act may be instituted within the period of 3 years after the commission of the offence.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 19B
Recovery of bounty on convictionSECT
19B. (1) Where a person is convicted of an offence against sub-section 14K (1) or 19 (2) or (3), the court may, in addition to imposing a penalty under the sub-section, order the person to refund to the Commonwealth the amount of any bounty wrongfully obtained by the person. (2) Where-
(a) a court makes an order under sub-section (1) ordering a person to refund to the Commonwealth the amount of any bounty; and
(b) the court has civil jurisdiction to the extent of the amount, the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.(3) Where-
(a) a court makes an order under sub-section (1) ordering a person to refund to the Commonwealth the amount of any bounty; and
(b) the court-
(i) does not have civil jurisdiction; or
(ii) has civil jurisdiction, but does not have civil jurisdiction to the
extent of the amount, the proper officer of the court shall issue to the Comptroller-General a certificate in the prescribed form containing the prescribed particulars.(4) The certificate may, in the prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be refunded to the Commonwealth.
(5) Upon registration under sub-section (4), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.
(6) The costs of registration of the certificate and other proceedings under this section shall, subject to the prescribed conditions (if any), be deemed to be payable under the certificate.
(7) In this section, "bounty" includes an advance on account of bounty under section 11 or 14G.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - PART V
PART V-MISCELLANEOUS
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 20
Return for ParliamentSECT
20. (1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, submit to the Minister a return setting forth-
(a) the name and address of each person to whom bounty was paid in that year;
(b) the amount of bounty paid to each person in that year; and
(c) 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 15 sitting days of that House after the return is received by him or her.
(3) In this section, "bounty" includes an advance on account of bounty under section 11 or 14G.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 21
DelegationSECT
21. (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate all or any of his or her powers under this Act, other than this power of delegation. (2) A power so delegated when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 22
Applications for reviewSECT
22. Applications may be made to the Administrative Appeals Tribunal for review of-
(a) a decision of the Comptroller-General made for the purposes of sub-section 4 (4);
(b) a determination or estimate by the Comptroller-General made for the purposes of section 5;
(c) a determination by the Comptroller-General made for the purposes of sub-section 8 (3);
(d) a decision of the Comptroller-General made for the purposes of section 9;
(e) an approval of the Comptroller-General given under section 10 or a refusal of the Comptroller-General to give approval under that section;
(f) a refusal of the Comptroller-General to register premises under section 12;
(g) a determination by the Comptroller-General made for the purposes of sub-section 12 (6) or a refusal of the Comptroller-General to make a determination for the purposes of that sub-section;
(h) a decision of the Comptroller-General made for the purposes of sub-section 12 (7);
(j) a determination by the Comptroller-General of an amount of security made for the purposes of section 14;
(k) a declaration by the Comptroller-General for the purposes of section 14F;
(m) a decision of the Comptroller-General under paragraph 14H (3) (a) approving payment of bounty;
(n) a decision of the Comptroller-General under paragraph 14H (3) (b) refusing to approve payment of bounty;
(p) a decision of the Comptroller-General under paragraph 14J (4) (a) approving a payment;
(q) a decision of the Comptroller-General under paragraph 14J (4) (b) refusing to approve a payment;
(r) a decision of the Comptroller-General for the purposes of sub-section 14K (4);
(s) a decision of the Comptroller-General for the purposes of section 14L;
(sa) a determination by the Comptroller-General made for the purposes of sub-section 14N (4);
(t) a decision of the Comptroller-General refusing to register premises (other than a decision made under sub-section 14N (8));
(u) a decision of the Comptroller-General under sub-section 14N (14) cancelling the registration of premises; or
(v) a requirement by the Comptroller-General under section 14Q.(2) Without limiting section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal is reviewing a decision referred to in paragraph (1) (m), (n), (p), (q), (r) or (s) in respect of a bountiable vehicle, the Tribunal, if it considers it appropriate to do so, may-
(a) if a determination under sub-section 14C (1), (2) or (3) has been made in relation to the vehicle or of vehicles that include that vehicle, either-
(i) set aside that determination; or
(ii) set aside that determination and make a further determination under
sub-section 14C (1), (2) or (3), as the case may be, in relation to the vehicle or vehicles to which the determination so set aside applied; or
(b) if a determination under sub-section 14C (1), (2) or (3) has not been made in relation to the vehicle to which the decision applies or to vehicles that include that vehicle, make a determination under sub-section 14C (1), (2) or (3), as the case may be, in respect of the vehicle or vehicles to which the decision applies.(3) In sub-section (1), "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 22A
Statement to accompany notice of decisionsSECT
22A. (1) Where the Comptroller-General makes a determination, decision or requirement of a kind referred to in sub-section 22 (1) and gives to the person or persons whose interests are affected by the determination, decision or requirement notice in writing of the making of the determination, decision or requirement, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the determination, decision or requirement to which the notice relates by or on behalf of the person or persons whose interests are affected by the determination, decision or requirement. (2) Any failure to comply with the requirements of sub-section (1) in relation to a determination, decision or requirement does not affect the validity of the determination, decision or requirement.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 23
AppropriationSECT
23. (1) Bounty in respect of bountiable vehicles the assembly of which is completed before 1 January 1986, and advances on account of bounty under section 11, are payable out of the Consolidated Revenue Fund which is appropriated accordingly. (2) Payments of bounty in respect of bountiable vehicles the assembly of which is completed on or after 1 January 1986, and of advances on account of bounty under section 14G, shall be made out of money appropriated by the Parliament for the purpose.
BOUNTY (COMMERCIAL MOTOR VEHICLES) ACT 1978 - SECT 24
RegulationsSECT
24. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters-
(a) permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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