Bounty (Drilling
Bits) Act 1980
No. 33 of 1980
An Act to
provide for the payment of bounty on the production of certain drilling bits
[Assented to 8 May 1980]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Bounty (Drilling Bits) Act 1980.
Commencement
2. This Act shall be
deemed to have come into operation on 1 October 1979.
Interpretation
3. (1) In this Act, unless the contrary intention appears—
“authorized
person” means a person who is an authorized person for the purposes of this Act
by virtue of an appointment under section 15;
“bountiable
drilling bit” means a rock-drilling bit of the kind known as a button bit,
being a bit—
(a)
that is designed to be used with a drill of the kind known as a down-hole
percussion rock-drill;
(b)
the cutting edges of which are formed wholly or partly of cemented carbides;
and
(c)
the diameter of which exceeds 105 millimeters;
“bounty”
means bounty under this Act;
“bounty
period” means a bounty period referred to in section 4;
“Collector”
means a Collector of Customs for a State or Territory;
“Comptroller-General”
means the Comptroller-General of Customs;
“diameter”,
in relation to a rock-drilling bit, means the diameter of the bit measured over
its cutting edges;
“registered
premises” means premises registered by the Minister under section 13.
(2) Where the sale referred
to in paragraph 7(3)(b) of a bountiable drilling bit in respect of which bounty
becomes payable took place during a bounty period that is later than the bounty
period during which the manufacture of the drilling bit was completed, the
bounty shall, for the purposes of this Act, be deemed to have become payable in
respect of that drilling bit during that later bounty period.
Bounty
periods
4. (1) Subject to sub-section (3), the period of 12 months commencing
on 1 October 1979 and ending on 30 September 1980 and each subsequent period of
12 months are bounty periods.
(2) The Minister may, by
notice published in the Gazette, fix
a date, not being a date earlier than the publication of the notice, as the
date after which bounty is not to become payable under this Act.
(3) Where a date is fixed
under sub-section (2)—
(a)
no period referred to in sub-section (1) commencing after that date is a bounty
period; and
(b)
if the date so fixed is not 30 September in any year—any period referred to in
sub-section (1) in which the date so fixed occurs is not a bounty period but
the period commencing on the date of commencement of that period and ending on
the date so fixed is a bounty period.
Factory
cost and Australian factory cost
5. (1) For the purposes of this Act—
(a)
the factory cost of a bountiable drilling bit is such amount as is determined
by the Comptroller-General to be the factory cost of the drilling bit; and
(b)
the Australian factory cost of a bountiable drilling bit is the factory cost of
the drilling bit less such amount as is determined by the Comptroller-General
to be the value known as the into-store value of imported parts and materials
supplied to the manufacturer and used by him in the manufacture of the drilling
bit.
(2) In determining the
factory cost of a bountiable drilling bit, the Comptroller-General shall make
allowance for factory overhead charges (including factory administration costs
and research and development expenditure) but shall not make any allowance for
general administration, selling costs, service charges or taxation.
Uniformity
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.
Specification
of bounty
7. (1) Bounty is payable in accordance with this Act on the production
in Australia of bountiable drilling bits.
(2) Bounty in respect of a
bountiable drilling bit is payable to the manufacturer of the drilling bit.
(3) A manufacturer is not
entitled to receive a payment of bounty in respect of a bountiable drilling bit
unless—
(a)
the manufacture of the bountiable drilling bit has been carried out by the
manufacturer at registered premises and has been completed during a bounty
period;
(b)
during that bounty period or a later bounty period, the drilling bit has been
sold by the manufacturer for use in Australia without having previously been
used by the manufacturer, or by another person, otherwise than for the purpose
of testing, or demonstrating the operation of, the drilling bit; and
(c)
the Australian factory cost of the drilling bit exceeds 50% of the factory cost
of the drilling bit.
(4) Where—
(a)
by virtue of sub-section 12(7), the Minister determines that the registration
of premises shall be deemed to have taken effect on and from 1 October 1979;
and
(b)
the person who applied for the registration of the premises was, on 1 October
1979, the owner of a bountiable drilling bit that was manufactured by him at
those premises before 1 October 1979,
that
drilling bit shall, for the purposes of this Act, be deemed to be a bountiable
drilling bit manufactured by the first-mentioned person at the registered
premises on 1 October 1979.
Rate
of bounty
8. The amount of bounty
payable in respect of a bountiable drilling bit is—
(a)
where the diameter of the bit is less than 127 millimetres—$40;
(b)
where the diameter of the bit is not less than 127 millimetres but is less than
152 millimetres—$75;
(c)
where the diameter of the bit is not less than 152 millimetres but is less than
177 millimetres—$90;
(d)
where the diameter of the bit is not less than 177 millimetres but is less than
203 millimetres—$125; and
(e)
where the diameter of the bit is not less than 203 millimetres—$160.
Limit
of available bounty
9. (1) The amount available for payment of bounty in respect of
bountiable drilling bits in respect of which bounty becomes payable during a
bounty period is—
(a)
where the bounty period is a period of 12 months—$150,000; and
(b)
where the bounty period is a lesser period—an amount that bears to $150,000 the
same proportion as the number of days in the bounty period bears to 365.
(2) Where the amount
available for the payment of bounty in respect of bountiable drilling bits in
respect of which bounty becomes payable during a bounty period is insufficient
for the payment in full of all valid claims in respect of those bountiable drilling
bits, the bounty otherwise payable in respect of each of those claims shall be
reduced to an amount that bears the same proportion to the amount of the claim
as the amount so available bears to the total amount of all those claims.
(3) If the Minister is of
the opinion that the amount available for the payment of bounty in respect of
bountiable drilling bits in respect of which bounty becomes payable during a
bounty period will be insufficient for the payment in full of all valid claims
in respect of those bountiable drilling bits he may withhold payment of the
whole or any part of the bounty otherwise payable upon such a claim until he
has ascertained the total amount of all those claims.
Good
quality essential
10. Bounty is not payable
in respect of a bountiable drilling bit unless the Comptroller-General is
satisfied that the bountiable drilling bit is of good and merchantable quality.
Approval
of payment of bounty
11. Where an application
for bounty in respect of a bountiable drilling bit is lodged in accordance with
the regulations, the Minister shall—
(a)
if he is satisfied that bounty is payable in respect of that drilling bit—
approve the payment of the bounty; or
(b)
if he is not so satisfied—refuse to approve payment of the bounty.
Registration
of premises
12. (1) The regulations may prescribe conditions to be complied with,
for the purposes of this Act, in connection with the manufacture at registered
premises of bountiable drilling bits.
(2) Where a person carries
on, or proposes to carry on, the manufacture at any premises of bountiable
drilling bits, he may apply to the Minister for the registration of those
premises for the purposes of this Act.
(3) If conditions have been
prescribed under sub-section (1), the Minister shall not register the premises
unless he is satisfied that those conditions have been, or will be, complied
with.
(4) The Minister may
require the applicant to furnish such information as the Minister considers
necessary for the purposes of this Act, and may refuse to register the premises
until the information is furnished to his satisfaction.
(5) Where an applicant
under this section was not, on 30 September 1979, engaged in the manufacture of
bountiable drilling bits at the premises to which the application relates, the
Minister shall refuse to register those premises unless, in the opinion of the
Minister, the registration of those premises will promote the orderly
development in Australia of the industry manufacturing bountiable drilling
bits.
(6) Subject to sub-sections
(3), (4) and (5), if, in the opinion of the Minister, bountiable drilling bits
are, or are proposed to be, manufactured at the premises in respect of which
the application is made, he shall register those premises for the purposes of
this Act.
(7) If the Minister so
determines, the registration shall be deemed to have taken effect on and from a
date specified by the Minister, being a date not earlier than 1 October 1979.
(8) Where the Minister is
satisfied, in respect of any registered premises—
(a)
that bountiable drilling bits are not being manufactured at the premises;
(b)
that the manufacture of bountiable drilling bits at the premises is not being
carried on by the person who applied for the registration of the premises; or
(c)
if any conditions have been prescribed under sub-section (1), that bountiable
drilling bits that are being manufactured at registered premises are being
manufactured otherwise than in accordance with those conditions,
the
Minister may, by 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.
(9) For the purpose of the
application of section 29 of the Acts
Interpretation Act 1901 to the service by post of a notice under
sub-section (8) of this section, such 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.
Accounts
13. A person is not
entitled to bounty unless he keeps, to the satisfaction of the Minister,
accounts, books, documents and other records showing, from time to time,
particulars relating to the manufacture (including the cost of manufacture) and
sale of bountiable drilling bits and such other information in relation to
those drilling bits as the Minister requires.
Securities
14. The Minister may
require a manufacturer of bountiable drilling bits to give security in an
amount determined by the Minister by bond, guarantee or cash deposit, or by all
or any of those methods, for compliance by him with the provisions of this Act
and the regulations or for the purpose of an undertaking given by him for the
purposes of this Act or the regulations, and the manufacturer is not entitled
to bounty unless he gives security accordingly.
Appointment
of authorized persons
15. The Minister may, by
writing signed by him, appoint a person to be an authorized person for the
purposes of this Act.
Stock-taking
and inspection of manufacture and accounts, &c.
16. (1) For the purposes of this Act, an authorized person may, at all
reasonable times, enter—
(a)
registered premises; or
(b)
premises where there are stored bountiable drilling bits in respect of which
bounty has been claimed, or, in the opinion of the authorized person, is likely
to be claimed,
and
may—
(c)
inspect or take stock of any bountiable drilling bits;
(d)
inspect any process in the manufacture of any bountiable drilling bits; and
(e)
inspect the accounts, books, documents and other records relating to the
manufacture, storage, sale or use of bountiable drilling bits.
(2) The occupier or person
in charge of registered premises, or of premises referred to in paragraph (1)
(b), shall provide the authorized person with all reasonable facilities and
assistance for the effective exercise of his powers under this section.
Penalty: $500.
Power
to require persons to answer questions and produce documents
17. (1) The Comptroller-General, a Collector or an authorized person
may, by notice signed by him, require a person whom he believes to be capable
of giving information relevant to the operation of this Act in relation to the
manufacture (including the cost of manufacture), storage, sale or use of
bountiable drilling bits to attend before him at the time and place specified
in the notice and there to answer questions and to produce to him such
accounts, books, documents and other records in relation to the manufacture
(including the cost of manufacture), storage, sale or use of bountiable
drilling bits as are referred to in the notice.
(2) The
Comptroller-General, a Collector or an authorized person 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 him or make him liable to a penalty, but his
answer to any such question is not admissible in evidence against him in
proceedings other than proceedings for an offence against paragraph 19(1)(c) or
19(2)(c).
(4) Where a manufacturer,
or a person employed by a manufacturer, has failed to attend or to answer a
question, or to produce any account, book, document or other record, when
required so to do under this section, bounty is not payable to the
manufacturer, unless the Minister otherwise directs, until the manufacturer or
that person has attended, answered the question or produced the account, book,
document or other record, as the case may be.
Power
to examine on oath, &c.
18. (1) The Comptroller-General, a Collector or an authorized person
may examine, on oath or affirmation, a person attending before him 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 will give to questions asked him will be true.
Offences
19. (1) A person shall not, without reasonable excuse, refuse or fail—
(a)
to attend before the Comptroller-General, a Collector or an authorized person;
(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—
(a)
knowingly obtain or attempt to obtain bounty that is not payable;
(b)
obtain or attempt to obtain payment of bounty by means of a statement that he
knows to be false or misleading or by means of a document which to his
knowledge contains information that is false or misleading; or
(c)
make to an officer or other person doing duty in relation to this Act or the
regulations, a statement that is false or misleading in a material particular.
Penalty: $2,000 or imprisonment for
6 months.
(3) Where a person is
convicted of an offence against sub-section (2), the court may, in addition to
imposing a penalty under that sub-section, order the person to refund to the
Commonwealth the amount of any bounty wrongfully obtained by him.
(4) Where a court has made
an order under sub-section (3), a certificate signed by the appropriate officer
of the court specifying the amount ordered to be refunded and the person by
whom the amount is payable may be filed in a court having civil jurisdiction to
the extent of that amount and is thereupon enforceable in all respects as a
final judgment of that court.
Return
for Parliament
20. (1) The Comptroller-General shall, as soon as practicable after the
end of each bounty period in which bounty is payable, furnish to the Minister a
return setting forth—
(a)
the name and address of each person to whom bounty was paid in that period;
(b)
the amount of bounty paid to each person in that period and the number of the
bountiable drilling bits in respect of which the bounty was paid; 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.
Delegation
21. (1) The Minister or the Comptroller-General, may, either generally
or otherwise as provided in the instrument of delegation, by writing signed by
him, delegate to a person any of his 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 or the Comptroller-General, as the case
may be.
(3) A delegation under this
section does not prevent the exercise of a power by the Minister or the
Comptroller-General, as the case may be.
Applications
for review
22. Applications may be
made to the Administrative Appeals Tribunal for review of—
(a)
a determination by the Comptroller-General made for the purposes of sub-section
5(1);
(b)
a decision of the Comptroller-General made for the purposes of section 10;
(c)
an approval of the Minister given under section 11 or a refusal of the Minister
to give an approval under that section;
(d)
a refusal of the Minister to register premises under section 12, not being a
refusal by virtue of sub-section 12(5);
(e)
a determination by the Minister made for the purposes of sub-section 12(7) or a
refusal of the Minister to make a determination for the purposes of that
sub-section;
(f)
a decision of the Minister made for the purposes of sub-section 12(8); or
(g)
a requirement by the Minister under section 14.
Appropriation
23. Bounty is payable out
of the Consolidated Revenue Fund, which is appropriated accordingly.
Regulations
24. The Governor-General
may make regulations, not inconsistent with this Act, prescribing all matters
required or permitted by this Act to be prescribed, or necessary or convenient
to be prescribed for carrying out or giving effect to this Act, and, in
particular, prescribing—
(a)
the manner in which, and the time within which, applications for bounty shall
be made;
(b)
the information to be furnished by applicants in connection with applications
for bounty; and
(c)
penalties not exceeding $200 for offences against the regulations.