Bounty (Computers) Act 1984
Act No. 113 of 1984 as amended
This compilation was prepared on 16 October 2001
taking into account amendments up to Act No. 140 of 2001
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]...........................
2 Commencement...............................
2A General administration of Act.......................
3 Interpretation.................................
3A Interpretation—research and development................
4 Amendments of Tariff Act.........................
5 Declarations of classes of equipment...................
6 Value added.................................
7 Accounting period..............................
8 Uniformity..................................
8A Application of the Criminal Code
Part II—Bounty
9 Specification of bounty [see Note 2]...................
10 Amount of bounty..............................
11 Good quality of bountiable equipment..................
Part III—Payment of bounty
12 Advances on account of bounty......................
13 Claims for payment of bounty.......................
14 Variation of inadequate claims.......................
15 Variation of excessive claims.......................
16 Manufacturers to furnish returns of costs.................
17 Adjustment of claims following returns.................
18 Other adjustments of claims........................
19 Recovery of repayments..........................
19A Forms.....................................
Part IV—Administration
20 Registration of premises..........................
21 Accounts...................................
22 Securities...................................
23 Appointment of authorised officers....................
24 Stock‑taking and inspection of production and accounts etc.
25 Power to require persons to answer questions and produce documents
26 Power to examine on oath etc........................
27 Offences....................................
28 Time for prosecutions............................
29 Recovery of bounty on conviction....................
Part V—Miscellaneous
30 Return for Parliament............................
31 Delegation..................................
32 Application for review...........................
33 Statement to accompany notice of decisions...............
34 Appropriation................................
35 Transitional..................................
36 Regulations..................................
Notes
An Act to provide for the payment of bounty on the production of certain computers and related equipment
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Bounty (Computers) Act 1984.
2 Commencement
This Act shall be deemed to have come into operation on 6 July 1984.
2A General administration of Act
The Chief Executive Officer of Customs has the general administration of this Act.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
accounting period, in relation to a manufacturer of bountiable equipment, has the meaning given by section 7.
approved form means a form approved by the CEO in writing.
authorized officer means a person who is an authorized officer for the purposes of this Act by virtue of an appointment under section 23.
bountiable equipment means:
(a) a completely assembled machine that, if it were imported into Australia, would be a machine to which heading 8471 in Schedule 3 to the Tariff Act would apply; or
(b) a completely assembled unit of a machine referred to in paragraph (a), being a unit that, if it were imported into Australia, would be a unit to which heading 8471 in Schedule
Overview
The Bounty (Computers) Act 1984 was enacted to provide for the payment of a bounty on the production of certain computers and related equipment in Australia. The Act was introduced to support the local computer manufacturing industry and encourage the development and production of computers within the country. This legislation was passed by the Australian Parliament and received the Royal Assent on 17 October 1984, coming into effect on 6 July 1984. The Act sets out the conditions and criteria for eligibility for the bounty, the process for applying and claiming the bounty, and the administration of the bounty scheme. The primary objective of the Bounty (Computers) Act 1984 is to stimulate and incentivise the local manufacturing of computers and related equipment, thereby contributing to the growth and competitiveness of the Australian technology sector.
Scope and Application
The Bounty (Computers) Act 1984 applies to manufacturers of specific types of computer equipment produced within Australia. The Act provides for the payment of a bounty, or subsidy, on the manufacture of eligible computers and related equipment during a specified bounty period from 6 July 1984 to 30 June 1997. The bounty applies to manufacturers of equipment that falls under certain categories, such as completely assembled machines or computer equipment that would attract a specific tariff heading if imported into Australia. The Act excludes equipment manufactured by the Commonwealth, a State, or an authority of a Commonwealth or a State, as well as equipment that is exported to New Zealand, either directly or indirectly. The bounty payment varies based on the date the equipment was manufactured, with the rate decreasing progressively over the bounty period. The bounty is not payable if the equipment is deemed not to be of good quality, or if the manufacturer does not comply with the requirements of completing the manufacturing process at registered premises during the bounty period. The Act also includes provisions for the registration of manufacturing premises, the submission of claims for bounty, and the adjustment or recovery of bounties where claims are found to be inaccurate.
Key Provisions
- The Bounty (Computers) Act 1984 establishes a bounty on the production of certain computers and related equipment in Australia. Bounty is payable on bountiable equipment produced within the bounty period, which starts on 6 July 1984 and ends on 30 June 1997. Bounty is only payable if the equipment is manufactured at registered premises and the last substantial process in the manufacture is carried out at those premises. Bounty is not payable on equipment manufactured by the Commonwealth, by a State, or by an authority of the Commonwealth or of a State, or equipment exported to New Zealand. Bounty is also not payable on equipment manufactured under a contract with the Department of Defence that requires the equipment to be made in Australia. The amount of bounty payable depends on the date the equipment was manufactured and ranges from 8% to 25% of the value added to the equipment by the manufacturer. The bounty period is divided into different phases, with the bounty amount decreasing over time.
- Manufacturers must keep records of their claims and advances on bounty for three years and may be required to provide security for compliance with the Act. Authorized officers have the power to enter registered premises, inspect equipment and records, and require individuals to answer questions and produce documents. Failure to comply with these requirements can result in the denial of bounty.
- Offences under the Act include refusing to attend before a Collector or authorized officer, failing to take an oath or make an affirmation, and refusing to answer a question or produce documents. The maximum penalty for these offences is $1,000 for natural persons and $5,000 for body corporates. Prosecutions for offences must be commenced within three years of the offence being committed. If a person is convicted of an offence, the court may order them to refund any bounty wrongfully obtained.
- The Chief Executive Officer of Customs has the general administration of the Act and may make regulations necessary for its implementation. Applications for review of certain decisions can be made to the Administrative Appeals Tribunal. Bounty is payable out of the Consolidated Revenue Fund for equipment manufactured before 6 July 1990 and out of money appropriated by the Parliament for equipment manufactured on or after that date.
- Area of Law
- Taxation Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
- Regulatory Standards
- Delegation
- Review & Sunset Clauses