| C2004C02525 | BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 [Note: This Act is "repealed" by Act No. 42 of 1990]
(#DATE 31:12:1983)
Compilation Information
- Reprinted as at 31 December 1983
*1* The Bounty (Metal-working Machine Tools) Act 1978 as shown in this reprint
comprises Act No. 154, 1978 amended as indicated in the Tables below.
Table of Acts
-----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
provisions
-----------------------------------------------------------------------------
Bounty
(Metal-working
Machine Tools) Act
1978 154, 1978 24 Nov
1978 25 May 1978
Statute Law
Revision Act 1981 61, 1981 12 June
1981 S. 115: Royal
Assent (a) -
Statute Law
(Miscellaneous
Amendments) Act
(No. 1) 1982 26, 1982 7 May
1982 Part X (s. 72):
4 June 1982
(b) -
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(a) The Bounty (Metal-working Machine Tools) Act 1978 was amended by
section 115 only of the Statute Law Revision Act 1981, sub-section 2 (1) of
which provides that section 115 shall come into operation on Royal Assent.
(b) The Bounty (Metal-working Machine Tools) 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 that Part X shall come into
operation on the twenty-eighth day after Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed
rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
S. 3 . . . . . . . . am. No. 61, 1981
S. 19 . . . . . . . . am. No. 26, 1982
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BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Costs
5. Uniformity
6. Specification of bounty
7. Rate of bounty
8. Good quality essential
9. Approval of payment of bounty
10. Advances on account of bounty
11. Registration of premises
12. Accounts
13. Security
14. Appointment of authorized persons
15. Stock-taking and inspection of manufacture and accounts, &c.
16. Power to require person to answer questions and produce documents
17. Power to examine on oath, &c.
18. Offences
19. Return for Parliament
20. Delegation
21. Applications for review
22. Appropriation
23. Regulations
SCHEDULE
CLASSES OF MACHINE TOOLS
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - LONG TITLE
SECT
An Act to provide for the payment of bounties on the production of certain
metal-working machine tools
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 1
Short title
SECT
1. This Act may be cited as the Bounty (Metal-working Machine Tools) Act
1978.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 2
Commencement
SECT
2. This Act shall be deemed to have come into operation on 25 May 1978.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 3
Interpretation
SECT
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 14;
"bountiable machine tool" means a machine tool other than a machine tool in
respect of which bounty has been paid, or is, or becomes, payable, under the
Bounty (Drilling Machines) Act 1978*2* or the Metal Working Machine Tools
Bounty Act 1972;*3*
"bounty" means bounty under this Act, and includes an advance on account of
bounty under section 10;
"Collector" means a Collector of Customs for a State or Territory;
"commencing date" means the date on which this Act is to be deemed to have
come into operation;
"Comptroller-General" means the Comptroller-General of Customs;
"cutting", in relation to a metal work-piece, means removing metal from the
work-piece by mechanical means, but does not include
sand-blasting, grit-blasting, shot-blasting or ultrasonic machining;
"forming", in relation to a metal work-piece, means changing the shape of
the work-piece (without removing metal from the work-piece by means other than
cutting and without melting any portion of the work-piece) by means of the
application of pressure, with or without the application of heat, but does not
include-
(a) the moulding of metal powders;
(b) the compression of scrap metal into bales or blocks;
(c) roller-crushing;
(d) roller-grinding; or
(e) cable-making;
"machine-tool" means a power-driven machine tool for the working of metal
solely by means of cutting or forming, or solely by means of cutting and
forming, but does not include-
(a) a tool that is ordinarily operated while wholly held in the hand;
(b) a general-purpose press;
(c) a rolling mill; or
(d) a machine the principal purpose of which is measuring or testing;
"metal" means metal in its solid state;
"period to which this Act applies" means the period that commenced on the
commencing date and ends on the terminating date;
"registered premises" means premises registered by the Minister under
section 11;
"terminating date" means 30 June 1984 or such later date as, before 30 June
1984, is fixed by Proclamation as the terminating date for the purposes of
this Act.
(2) A reference in this Act to a specified class of machine tools shall be
read as a reference to one of the classes of machine tools specified in the
Schedule.
*2* S. 3, definition of "bountiable machine tool"-The Bounty (Drilling
Machines) Act 1978 was repealed by the Statute Law Revision Act 1981 (No. 61,
1981).
*3* S. 3, definition of "bountiable machine tool"-The Metal Working Machine
Tools Bounty Act 1972 was repealed by the Statute Law Revision Act 1981 (No.
61, 1981).
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 4
Costs
SECT
4. (1) For the purposes of this Act-
(a) the factory cost of a bountiable machine tool is such amount as is
determined by the Comptroller-General to be the factory cost of the tool;
(b) the bountiable portion of the factory cost of a bountiable machine tool
is such portion of the factory cost of the tool as is determined by the
Comptroller-General to be the portion of that cost that is attributable to
materials and parts manufactured, and work performed, in Australia; and
(c) the Australian design cost of a bountiable machine tool is such amount
as is determined by the Comptroller-General to be the cost incurred by the
manufacturer of the tool in respect of design work carried out in Australia in
relation to the tool.
(2) In determining the factory cost of a bountiable machine tool, the
Comptroller-General shall make an allowance for factory overhead charges and
Australian and other design costs but shall not make any allowance for general
administration, selling costs, service charges or taxation.
(3) In determining the bountiable portion of the factory cost of a
bountiable machine tool, the Comptroller-General shall make an allowance for
factory overhead charges and design costs incurred in Australia, but shall not
make any allowance for general administration, selling costs, service charges
or taxation.
(4) In determining the Australian design cost of a bountiable machine tool,
the Comptroller-General shall make allowances for the remuneration paid or
payable to staff actually engaged in design and drafting work directly related
to the design of the tool and for directly related overheads, including office
rental, computer costs and personnel management costs.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 5
Uniformity
SECT
5. 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 (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 6
Specification of bounty
SECT
6. (1) Bounty is payable in accordance with this Act on the production in
Australia of bountiable machine tools.
(2) Bounty in respect of a bountiable machine tool is payable to the
manufacturer of the tool.
(3) A manufacturer is not entitled to receive a payment of bounty in respect
of a bountiable machine tool unless-
(a) the manufacture of the tool-
(i) was wholly carried out during the period to which this Act applies;
or
(ii) was commenced before the commencing date, otherwise than in
pursuance of a firm order, and completed during the period to which this Act
applies;
(b) the tool was manufactured at registered premises, being premises
registered in respect of the class of machine tools in which the tool is
included or, if the manufacture of the tool had been commenced but had not
been completed before the commencing date, the manufacture of the tool is
completed at registered premises, being premises so registered;
(c) the bountiable portion of the factory cost of the tool is not less than
55% of the factory cost of the tool; and
(d) the tool has been used, or sold by the manufacturer for use, in
Australia.
(4) Where-
(a) by virtue of sub-section 11 (6), the Minister determines that the
registration of premises in respect of a specified class of machine tools
shall be deemed to have taken effect on and from the commencing date; and
(b) at the commencement of this Act, the person who applied for the
registration of the premises in respect of that class of machine tools is the
owner of a bountiable machine tool included in that class of machine tools,
being a tool that-
(i) was manufactured in Australia before the commencing date, whether
at those premises or at other premises and whether by that person or another
person; and
(ii) was not manufactured in pursuance of a firm order or for the use of
the manufacturer,
that tool shall, for the purposes of this Act, be deemed to have been
manufactured by the first-mentioned person at the registered premises on the
commencing date.
(5) Where-
(a) the manufacture of a bountiable machine tool-
(i) was commenced, or was undertaken in pursuance of a firm order
placed, on or before the terminating date;
(ii) was completed after the terminating date; and
(iii) was carried out at premises that were, on the terminating date,
registered premises in relation to the class of machine tools in which that
tool is included; and
(b) a claim for bounty under this Act is made in respect of that tool not
later than the expiration of 1 year after the terminating date or of such
further period as the Minister, by instrument in writing, allows,
that tool shall, for the purposes of this Act, be deemed to have been
manufactured at those premises on the terminating date.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 7
Rate of bounty
SECT
7. The bounty in respect of a bountiable machine tool is an amount equal to
the sum of-
(a) an amount equal to one-third of the bountiable portion of the factory
cost of the tool; and
(b) an amount equal to one-quarter of the Australian design cost (if any)
of the tool.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 8
Good quality essential
SECT
8. Bounty is not payable in respect of a bountiable machine tool unless the
Comptroller-General is satisfied that it is of good and merchantable quality.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 9
Approval of payment of bounty
SECT
9. (1) Where an application for bounty in respect of a bountiable machine
tool is lodged in accordance with the regulations, the Minister shall-
(a) if he is satisfied that bounty is payable in respect of that
tool-approve the payment of the bounty; or
(b) if he 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 10.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 10
Advances on account of bounty
SECT
10. (1) An advance on account of bounty may be made to a person on such
terms and conditions as are approved by the Minister.
(2) If a person receives by way of advances on account of bounty in respect
of a bountiable machine tool an amount greater than the amount of bounty
payable to him in respect of the tool, he 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 (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 11
Registration of premises
SECT
11. (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 a specified class of machine tools.
(2) Where a person carries on, or proposes to carry on, the manufacture at
any premises of machine tools included in a specified class of machine tools,
he may apply to the Minister for the registration of those premises, for the
purposes of this Act, in respect of that class of machine tools.
(3) If conditions are applicable, by virtue of regulations made for the
purposes of sub-section (1), to the manufacture at registered premises of the
class of machine tools to which the application relates, the Minister shall
not register the premises in respect of that class of machine tools unless he
is satisfied that those conditions have been, or will be, complied with.
(4) The Minister may require the applicant to supply such information as the
Minister considers necessary for the purposes of this Act, and may refuse to
register the premises in accordance with the application until the information
is supplied to his satisfaction.
(5) Subject to sub-sections (3) and (4), if, in the opinion of the Minister,
machine tools of the class to which the application relates 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, in respect of that class of machine tools.
(6) If the Minister so determines, the registration shall be deemed to have
taken effect on and from such date, being a date not earlier than the
commencing date, as is specified by the Minister.
(7) Where the Minister is satisfied, in relation to premises that are
registered premises in relation to a specified class of machine tools, that-
(a) machine tools of that class are not being manufactured at those
premises;
(b) the manufacture of machine tools of that class at those premises is not
being carried on by the person who applied for the registration of those
premises; or
(c) machine tools of that class are being manufactured at those premises
otherwise than in accordance with such conditions (if any) as are applicable,
by virtue of regulations made for the purposes of sub-section (1), to the
manufacture at registered premises of that class of machine tools,
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 in relation to the manufacture of
that class of machine tools, on that person, cancel the registration of the
premises in respect of that class of machine tools.
(8) 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
(7), 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 (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 12
Accounts
SECT
12. 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 machine tools and such other information
in relation to the tools as the Minister requires.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 13
Security
SECT
13. The Minister may require a manufacturer of bountiable machine tools 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.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 14
Appointment of authorized persons
SECT
14. The Minister may, by writing signed by him, appoint persons to be
authorized persons for the purposes of this Act.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 15
Stock-taking and inspection of manufacture and accounts, &c.
SECT
15. (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 machine tools 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 machine tools;
(d) inspect the processes of manufacture of any machine tools; and
(e) inspect the accounts, books, documents and other records relating to
the manufacture and sale of machine tools.
(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: $100.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 16
Power to require person to answer questions and produce documents
SECT
16. (1) The Comptroller-General, a Collector or an authorized person may, by
notice in writing, 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
machine tools 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 machine tools 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 18 (1) (c) or 18 (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 to do so 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.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 17
Power to examine on oath, &c.
SECT
17. (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 16 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.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 18
Offences
SECT
18. (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 or imprisonment for 3 months.
(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, including the Comptroller-General, a Collector or an
authorized person when exercising his powers under section 16, a statement
that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 3 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 judgement of that court.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 19
Return for Parliament
SECT
19. (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 the number
and value of the bountiable machine tools in respect of which the bounty was
paid;
(c) in relation to the manufacture by each manufacturer of bountiable
machine tools in respect of which bounty was paid in that year-
(i) the ratio of the aggregate of the bountiable portions of the
factory cost of the tools to the total factory cost of the tools; and
(ii) the ratio of the Australian design cost of the tools to the total
factory cost of the tools; and
(d) 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.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 20
Delegation
SECT
20. (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 all or 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.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 21
Applications for review
SECT
21. 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 4 (1);
(b) a decision of the Comptroller-General made for the purposes of section
8;
(c) an approval of the Minister given under section 9 or a refusal of the
Minister to give an approval under that section;
(d) a refusal of the Minister to register premises under section 11;
(e) a determination by the Minister made for the purposes of sub-section 11
(6) 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 11 (7);
or
(g) a determination by the Minister of an amount of security made for the
purposes of section 13.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 22
Appropriation
SECT
22. Bounty is payable out of the Consolidated Revenue Fund, which is
appropriated accordingly.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SECT 23
Regulations
SECT
23. 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 supplied by applicants in connection with
applications for bounty; and
(c) penalties not exceeding $100 for offences against the regulations.
BOUNTY (METAL-WORKING MACHINE TOOLS) ACT 1978 - SCHEDULE 1
SCH
SCHEDULE
Sub-section 3
(2)
CLASSES OF MACHINE TOOLS
Class 1
Power-fed machine tools of the kind known as numerically-controlled
machining
centres or of the kind known as computer-controlled machining centres.
Class 2
Automotive reconditioning machine tools other than machine tools included
in
Class 1.
Class 3
Power-fed machine tools (other than machine tools included in Class
1 or 2 or machine tools of a metal-forming or metal-shearing kind)
that-
or 2
or
(a) have been designed for the purpose of performing, in relation to a
particular kind of work-piece, a particular operation or particular
operations;
and
(b) cannot, without structural alteration, be used for any other purpose.
Class 4
Machine tools other than machine tools included in Class 1, 2 or 3.
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