Bounty (Penicillin) Regulations (Cth)

Case
No judgment structure available for this case.

BOUNTY (PENICILLIN) REGULATIONS
- In force under the Bounty (Penicillin) Act 1980
- Reprinted as at 30 June 1984 (HISTREG CHAP 386 #DATE 30:06:1984)

*1* The Bounty (Penicillin) Regulations (in force under the Bounty (Penicillin) Act 1980) as shown in this reprint comprise Statutory Rules 1980 No. 378 amended as indicated in the Tables below.

Table of Statutory Rules
-----------------------------------------------------------------------------
Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
-----------------------------------------------------------------------------
1980 No. 378 31 Dec 1980 31 Dec 1980
1982 No. 116 4 June 1982 R. 1: 1 June 1981
Remainder: 4 June
1982 -
1983 No. 73 23 June 1983 1 June 1982 -
1984 No. 123 29 June 1984 1 June 1983 -
-----------------------------------------------------------------------------
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
Rr. 2A, 2B . . . . . ad. 1982 No. 116
am. 1983 No. 73; 1984 No. 123
R. 2C . . . . . . . ad. 1983 No. 73
R. 2D . . . . . . . ad. 1983 No. 73
am. 1984 No. 123
-----------------------------------------------------------------------------

BOUNTY (PENICILLIN) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Regulation

1. Citation

2. Interpretation

2A. Factor for the purposes of sub-section 7 (2) of the Act

2B. Factor for the purposes of sub-section 7 (3) of the Act

2C. Factor for the purposes of sub-section 8 (3) of the Act

2D. Factor for the purposes of sub-section 8 (4) of the Act

3. Application for bounty

4. Information to be furnished in connection with an application for
bounty

5. Execution of documents by authorized agent of producer other than a
company

6. Execution of documents on behalf of a company

SCHEDULE

APPOINTMENT OF AUTHORIZED AGENT BY PRODUCER

OTHER THAN A COMPANY

BOUNTY (PENICILLIN) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Bounty (Penicillin) Regulations. *1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BOUNTY (PENICILLIN) REGULATIONS - REG 2
Interpretation

2. In these Regulations, unless the contrary intention appears-
"appropriate officer", in relation to bountiable penicillin produced at registered premises G or registered premises V, means-
(a) where the premises are situated in a State-the Collector for that State;
(b) where the premises are situated in the Northern Territory of Australia-the Collector for that Territory; or
(c) where the premises are situated in the Australian Capital Territory-the Comptroller-General;
"authorized agent" means a person appointed under regulation 5 to be an authorized agent;
"the Act" means the Bounty (Penicillin) Act 1980.

BOUNTY (PENICILLIN) REGULATIONS - REG 2A
Factor for the purposes of sub-section 7 (2) of the Act

2A. For the purposes of sub-section 7 (2) of the Act, the factor is 1.482758.

BOUNTY (PENICILLIN) REGULATIONS - REG 2B
Factor for the purposes of sub-section 7 (3) of the Act

2B. For the purposes of sub-section 7 (3) of the Act, the factor is 1.578947.

BOUNTY (PENICILLIN) REGULATIONS - REG 2C
Factor for the purposes of sub-section 8 (3) of the Act

2C. For the purposes of sub-section 8 (3) of the Act, the factor is 1.12.

BOUNTY (PENICILLIN) REGULATIONS - REG 2D
Factor for the purposes of sub-section 8 (4) of the Act

2D. For the purposes of sub-section 8 (4) of the Act, the factor is 1.2923.

BOUNTY (PENICILLIN) REGULATIONS - REG 3
Application for bounty

3. (1) An application for bounty in respect of bountiable penicillin-
(a) shall be in writing;
(b) shall be signed in the presence of a witness by the producer of the penicillin or by a person authorized under regulation 5 or 6 to sign the application on behalf of the producer;
(c) shall set out the name and address of the witness and contain a declaration signed by the witness stating that the application was signed in the presence of the witness; and
(d) shall be delivered to the appropriate officer-
(i) if the penicillin has, before the date of commencement of these Regulations, been used by the producer, or sold (including sold after altering its form) by the producer for use, in the production in Australia of antibiotics-within a period of 3 months after that date of commencement; or
(ii) in any other case-within a period of 3 months after the date on which the penicillin was used by the producer, or sold (including sold after altering its form) by the producer for use, in the production in Australia of antibiotics.


(2) Where the Minister consents to an extension of the period referred to in sub-paragraph (1) (d) (i) or (1) (d) (ii), as the case may be, within which an application for bounty in respect of bountiable penicillin may be delivered to the appropriate officer, the application shall be delivered to the appropriate officer within 9 months after the end of that period.

(3) The Minister shall not give, for the purposes of sub-regulation (2), his consent to an extension of the period referred to in sub-paragraph (1) (d) (i) or (1) (d) (ii), as the case may be, within which an application for bounty in respect of bountiable penicillin may be delivered to the appropriate officer unless-
(a) a request in writing for an extension of that period has (whether before or after the expiration of that period) been delivered to the appropriate officer by or on behalf of the producer of the penicillin; and
(b) the Minister is satisfied that, for reasons outside the control of the producer of the penicillin, the application cannot, or could not, reasonably be expected to be delivered, or to have been delivered, to the appropriate officer within the period referred to in that sub-paragraph.

BOUNTY (PENICILLIN) REGULATIONS - REG 4
Information to be furnished in connection with an application for bounty

4. In connection with an application for bounty in respect of bountiable penicillin, the applicant shall furnish the following particulars:


(a) the name and address of the producer of the penicillin;
(b) the address of the premises at which the penicillin was produced;
(c) the quantity of bountiable penicillin G that was used by the producer in the production in Australia of antibiotics;
(d) the quantity of bountiable penicillin V that was used by the producer in the production in Australia of antibiotics;
(e) the quantity of bountiable penicillin G that was sold by the producer (including sold after altering its form) for use by another person in the production in Australia of antibiotics;
(f) the quantity of bountiable penicillin V that was sold by the person (including sold after altering its form) for use by another person in the production in Australia of antibiotics;
(g) the date on which production of the penicillin referred to in paragraphs (c), (d), (e) and (f) was completed;
(h) the date on which the quantity of penicillin referred to in paragraphs (c) and (d) was used by the producer in the production in Australia of antibiotics;
(i) the date on which the quantity of penicillin referred to in paragraphs (e) and (f) was sold by the producer (including sold after altering its form) for use by another person in the production in Australia of antibiotics;
(j) the name and address of the person referred to in paragraph (i);
(k) the amount of bounty claimed in respect of the quantity of penicillin referred to in paragraphs (c), (d), (e) and (f);
(l) if an application for bounty has previously been made in respect of the quantity of penicillin referred to in paragraph (c), (d), (e) or (f)-the date of that application and the reason for making another application; and
(m) if a payment has previously been made by way of bounty, or advance on account of bounty, in respect of the quantity of penicillin referred to in paragraph (c), (d), (e) or (f)-the date on which the payment was made, the amount paid by way of bounty and the amount paid by way of advance on account of bounty.

BOUNTY (PENICILLIN) REGULATIONS - REG 5
Execution of documents by authorized agent of producer other than a company

5. (1) A producer of bountiable penicillin (other than a company) may, by instrument in writing, appoint a person who has attained the age of 18 years, to be his authorized agent for the purpose of signing on behalf of the producer any document that the producer is or may be required by, or for the purposes of, the Act or these Regulations to sign.

(2) An instrument referred to in sub-regulation (1) shall be substantially in accordance with the form in the Schedule and shall be delivered to the appropriate officer.

(3) A producer who has appointed under sub-regulation (1) an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to the appropriate officer.

BOUNTY (PENICILLIN) REGULATIONS - REG 6
Execution of documents on behalf of a company

6. Where a company that is a producer of bountiable penicillin is required by, or for the purposes of, the Act or these Regulations to sign a document, the document may be signed on behalf of the company by a director or the secretary of the company.

----------------

BOUNTY (PENICILLIN) REGULATIONS - SCHEDULE

SCH

SCHEDULE
Regulation 5
COMMONWEALTH OF AUSTRALIA
Bounty (Penicillin) Regulations
APPOINTMENT OF AUTHORIZED AGENT BY PRODUCER OTHER THAN A COMPANY
To
(Insert title of appropriate officer)
I/WE*
(Full name and address of producer of penicillin)
hereby appoint-
(Full name and address of authorized agent)
a specimen of whose signature appears below, to be my/our* authorized agent for
the purpose of signing on my/our* behalf any document that I/we* may be required
by, or for the purposes of, the Bounty (Penicillin) Act 1980 or the
Bounty (Penicillin) Regulations to sign.

Dated this day of 19 .

(Signature of producer)
Dated this day of 19 .

(Signature of authorized agent)
*Delete whichever is inapplicable

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0