Bounty
(Non-adjustable Wrenches) Act 1981
No. 18 of 1981
TABLE OF
PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Bounty periods
5. Factory cost and Australian
factory cost
6. Uniformity
7. Specification of bounty
8. Rate of bounty
9. Limit of available bounty
10. Advances on account of
bounty
11. Good quality essential
12. Approval of payment of
bounty
13. Registration
14. Accounts
15. Securities
16. Appointment of authorized
officers
17. Stock-taking and inspection
of production and accounts, &c.
18. Power to require persons to
answer questions and produce documents
19. Power to examine on oath,
&c.
20. Offences
21. Return for Parliament
22. Delegation
23. Applications for review
24. Appropriation
25. Regulations
Bounty
(Non-adjustable Wrenches) Act 1981
No. 18 of 1981
An
Act to provide for the payment of bounty on the productionof
certain wrenches
[Assented to 25 March 1981]
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 (Non-adjustable Wrenches) Act 1981.
Commencement
2. This Act shall be deemed to
have come into operation on 1 July 1980.
Interpretation
3.(1) In this Act, unless the
contrary intention appears—
“attachment” includes a
socket, a handle, a tool-holder, an extension bar and a universal joint;
“authorized officer” means
an officer who is an authorized officer for the purposes of this Act by virtue
of an appointment under section 16;
“bountiable implement”
means—
(a) a prescribed wrench; or
(b) a steel attachment
designed to be connected to another steel attachment or to other steel
attachments so that the attachments when connected would be a prescribed wrench
;
“bounty” means bounty under
this Act;
“bounty period” means a
bounty period referred to in section 4;
“Collector” has the same
meaning as it has in the Customs Act 1901
;
“Comptroller-General” means
the Comptroller-General of Customs;
“nut” includes a bolt and a
screw;
“prescribed wrench” means a
steel wrench designed to turn a nut, but does not include—
(a) a wrench designed to be
inserted into, or to have any part inserted into, a nut that is to be turned by
the wrench;
(b) a wrench that has
adjustable jaws or is otherwise adjustable, or is self-adjusting, so as to be
able to turn nuts of different sizes or shapes; or
(c) a wrench that is power
driven or is designed for power operation ;
“registered premises” means
premises registered by the Minister under section 13;
“wrench” includes a
spanner.
(2)
For the
purposes of this Act, a wrench or an attachment shall be taken to be a steel
wrench or a steel attachment, as the case may be, if, and only if, the wrench
or attachment, as the case may be—
(a) is—
(i) made of steel; or
(ii) made of steel, except for
hand grips of another material;
(b) was produced by processes
that included forging, hardening and tempering; and
(c) is of a standard (if any)
prescribed by the Regulations.
Bounty periods
4.(1) The period of 12 months
that commenced on 1 July 1980 and ends on 30 June 1981 is a bounty period.
(2)
Before 30
June 1981, the Minister may, by notice published in the Gazette, declare that a period of not more than 12 months
commencing on 1 July 1981 and ending on a specified date is a bounty period,
and that declaration shall have effect accordingly.
Factory cost and Australian factory cost
5.(1) For the purposes of this
Act—
(a) the factory cost of a
bountiable implement is such amount as is determined by the Comptroller-General
to be the factory cost of the implement; and
(b) the Australian factory
cost of a bountiable implement is the factory cost of the implement less such
amount as is determined by the Comptroller-General to be the value known as the
into-store value of imported parts and imported materials supplied to the
producer and used by him in the production of the implement.
(2)
In
determining the factory cost of a bountiable implement, 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,
taxation or any costs incurred after the completion of the production of the
implement.
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 51 (iii) of the
Constitution.
Specification of bounty
7. (1) Bounty is payable in
accordance with this Act on the production in Australia of bountiable
implements.
(2)Bounty
in respect of a bountiable implement is payable to the producer of the
implement.
(3) A producer is not entitled
to receive a payment of bounty in respect of a bountiable implement unless—
(a) the production of the
bountiable implement has been carried out by the producer at registered
premises and has been completed during a. bounty period;
(b) during that bounty period
or a later bounty period, the implement has been sold by the producer for use
in Australia; and
(c) the Australian factory cost
of the implement exceeds 50% of the factory cost of the implement.
(4) If—
(a) by virtue of sub-section 13
(6), the Minister determines that the registration of premises shall be deemed
to have taken effect on and from 1 July 1980; and
(b) the person who applied for
the registration of the premises was, on 1 July 1980, the owner of a bountiable
implement that was produced by him at those premises before 1 July 1980,
that
implement shall, for the purposes of this Act, be deemed to be a bountiable
implement produced by the person at the registered premises on 1 July 1980.
Rate
of bounty
8.The amount of bounty payable in
respect of a bountiable implement is 11 cents.
Limit
of available bounty
9.(1)
The amount available for payment of bounty
in respect of bountiable implements in respect of which bounty becomes payable
during a bounty period is—
(a) in the case of
the bounty period that commenced on 1 July 1980— $620,000; and
(b) in the case of
the bounty period (if any) commencing on 1 July 1981— an amount that bears to
$620,000 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 implements 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 implements, 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
implements 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 implements, 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.
(4)For the purposes of this section,
bounty payable in respect of a bountiable implement shall be deemed to have
become payable during the bounty period in which the implement was sold as
mentioned in paragraph 7 (3) (b).
Advances
on account of bounty
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, at the expiration of a bounty
period, a person has received an amount, by way of advances on account of
bounty that may become payable to him during that period, greater than the
amount of bounty that became payable to him during that period, he is liable to
pay to the Commonwealth the amount of the excess.
(3)If a person receives, by way of
advances on account of bounty in respect of particular bountiable implements,
an amount greater than the amount of bounty payable to him in respect of those
implements, he is liable to pay to the Commonwealth the amount of the excess.
(4)If a person receives an amount by
way of advances on account of bounty that may become payable to him and the
bounty does not become payable to him, he is liable to pay to the Commonwealth
the amount so received.
(5)Where
a person is liable to pay an amount to the Commonwealth under this section, the
Commonwealth may recover that amount as a debt to the Commonwealth by action in
a court of competent jurisdiction.
(6)Where
a person is liable to pay an amount to the Commonwealth under this section, the
amount may be deducted from any other amount that is payable to the person
under this Act and, where an amount is so deducted, the other amount shall,
notwithstanding the deduction, be deemed to have been paid in full to the
person.
Good quality essential
11.Bounty
is not payable in respect of a bountiable implement unless the
Comptroller-General is satisfied that the bountiable implement is of good and
merchantable quality.
Approval of payment of bounty
12.Where
an application for bounty in respect of a bountiable implement is lodged in
accordance with the regulations, the Minister shall—
(a) if he is satisfied that
bounty is payable in respect of that implement—approve the payment of the
bounty; or
(b) if he is not so
satisfied—refuse to approve payment of the bounty.
Registration of premises
13.(1) The regulations may
prescribe conditions to be complied with, for the purposes of this Act, in
connection with the production at registered premises of bountiable implements.
(2)Where
a person carries on, or proposes to carry on, the production at any premises of
bountiable implements, 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)Subject
to sub-sections (3) and (4), if, in the opinion of the Minister’ bountiable
implements are, or are proposed to be, produced at the premises in respect of
which the application is made, he shall register those premises for the
purposes of this Act.
(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 1 July 1980, as is
specified by the Minister.
(7)Where
the Minister is satisfied, in respect of any registered premises—
(a) that bountiable
implements are not being produced at the premises;
(b) that the production of
bountiable implements 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 implements that are being
produced at the premises are being produced 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.
(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) 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
14.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 production (including the cost of
production), storage and sale of bountiable implements and such other
information in relation to those implements as the Minister requires.
Securities
15.The
Minister may require a person to whom bounty could become payable 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
where a person is so required to give security, he is not entitled to bounty,
or an advance on account of bounty, unless he gives security in accordance with
the requirement.
Appointment of authorized officers
16.(1) The Minister may, by
writing signed by him, 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
authorized officer, or authorized officers, for the purposes of approved
schemes.
(2)
In this
section, “officer” means an officer of the Department of Business and Consumer
Affairs.
Stock-taking and inspection of production
and accounts, &c.
17.(1) For the purposes of this
Act, an authorized officer may, at all reasonable times, enter—
(a) registered premises; or
(b) premises where there are
stored bountiable implements in respect of which bounty has been claimed, or,
in the opinion of the authorized officer, is likely to be claimed,
and may—
(c) inspect or take stock of
any bountiable implements;
(d) inspect any process in the
production of any bountiable implements; and
(e) inspect the accounts,
books, documents and other records relating to the production (including the
cost of production), storage or sale of bountiable implements.
(2)
The
occupier or person in charge of registered premises, or of premises referred to
in paragraph (1) (b), shall provide the authorized officer 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
18.(1) The Comptroller-General, a
Collector or an authorized officer 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 production (including the cost of production),
storage or sale, of bountiable implements 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
production (including the cost of production), storage or sale of bountiable
implements as are referred to in the notice.
(2)The
Comptroller-General, a Collector or an authorized officer may make copies of,
or take 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 or the production by him of any such accounts,
books, documents or other records is not admissible in evidence against him in
proceedings other than proceedings for an offence against paragraph 20 (1) (c)
or 20 (3) or (4).
(4)Where
a producer of bountiable implements, or a person employed by a producer, 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 producer, unless the Minister otherwise directs,
until the producer 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.
19.(1) The Comptroller-General, a
Collector or an authorized officer may examine, on oath or affirmation, a
person attending before him in pursuance of section 18 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
20.(1) A person shall not, without
reasonable excuse, refuse or fail—
(a) to attend before a
Collector or an authorized officer;
(b) to take an oath 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.
(3) A person shall not obtain
or attempt to obtain payment of bounty by means of a statement that he knows to
be false or misleading or by the means of a document that to his knowledge
contains information that is false or misleading.
Penalty:
$2,000.
(4)A
person shall not make to an authorized officer or other person exercising a
power or performing a function or duty in relation to this Act or the
regulations a statement that is false or misleading in a material particular.
Penalty:
$1,000.
(5)Where
a person is convicted of an offence against sub-section (2) or (3), 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.
(6) Where a court has made an
order under sub-section (5), 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
21.(1) The Comptroller-General
shall, as soon as practicable after the end of each bounty period, 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 implements 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 laid before each House of the
Parliament within 15 sitting days of that House after the return is received by
him.
Delegation
22.(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
23.Applications
may be made to the Administrative Appeals Tribunal for review of—
(a) a determination by the
Comptroller-General made for the purpose of sub-section 5 (1);
(b) a decision of the
Comptroller-General made for the purposes of section 11 ;
(c) an approval of the Minister
given under section 12 or a refusal of the Minister to give an approval under
that section;
(d) a refusal of the Minister
to register premises under section 13;
(e) a determination by the
Minister made for the purposes of sub-section 13 (6) or a refusal of the
Minister to make a determination for the purposes of that sub-section ;