Bounty (Polyester-Cotton Yarn) Act 1978 (Cth)
An Act to provide for the payment of a bounty on the production of certain polyester-cotton yarn.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
“authorised person” means a person who is an authorised person by virtue of an appointment under section 15;
“bountiable yarn” means yarn that consists of a mixture of polyester and cotton fibres, being yarn—
(a) in which the polyester fibres are not less than 50% by weight;
(b) that is a single-fold combed yarn not coarser than 20 tex; and
(c) at least one ply in which is 10 tex or coarser;
“bounty” means bounty under this Act;
“Collector” means a Collector of Customs for a State or Territory;
“Comptroller-General” means the Comptroller-General of Customs;
“polyester fibres” means fibres or filaments formed from a synthetic polymer that contains not less than 85% by weight of the polymeric ester produced from the reaction of a dihydric alcohol and terephthalic acid;
“registered premises” means premises registered by the Minister under section 12.
(2) For the purposes of this Act, bounty payable in respect of bountiable yarn shall be deemed to have become payable on the completion of the spinning of the yarn.
(a) the period of 12 months commencing on 1 October 1977;
(b) the period of 12 months commencing on 1 October 1978; and
(c) the period of 11 months commencing on 1 October 1979.
(2) Bounty in respect of bountiable yarn is payable to the manufacturer of the yarn.
(3) A manufacturer is not entitled to receive a payment of bounty in respect of bountiable yarn unless—
(a) the spinning of the yarn has been carried out at registered premises and has been completed during a period to which this Act applies; and
(b) the yarn has been used for knitting or weaving textiles.
(4) Where yarn is used for knitting or weaving textiles by normal methods, any yarn wasted in the knitting or weaving shall, for the purposes of paragraph (3) (b), be treated as having been used for the knitting or weaving of textiles.
(a) in the case of the period commencing on 1 October 1977—$600,000;
(b) in the case of the period commencing on 1 October 1978—$600,000; and
(c) in the case of the period commencing on 1 October 1979—$550,000.
(2) Where the amount available for the payment of bounty in respect of bountiable yarn in respect of which bounty becomes payable in a period to which this Act applies is insufficient for the payment in full of all valid claims in respect of that bountiable yarn, 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 yarn in respect of which bounty becomes payable in a period to which this Act applies will be insufficient for the payment in full of all valid claims in respect of that bountiable yarn, 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.
(a) if he is satisfied that bounty is payable in respect of that yarn— approve the payment of the bounty; or
(b) if he is not satisfied—refuse to approve payment of the bounty.
(2) In this section, “bounty” does not include an advance on account of bounty under section 11.
(2) If, at the expiration of a period to which this Act applies, a person has received during that period, by way of advance on account of bounty, an amount greater than the amount of bounty that became payable to him under this Act during that period, he is liable to repay to the Commonwealth the amount of the excess, and that amount may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
(2) Where a person carries on or proposes to carry on, the spinning of bountiable yarn at any premises, he may apply to the Minister for the registration of those premises for the purposes of this Act.
(3) If any conditions have been prescribed under sub-section (1), the Minister shall not register premises unless he is satisfied that those conditions have been, or will be, complied with.
(4) The Minister may require an applicant under this section to furnish such information to him 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 1 October 1977, engaged in the spinning of bountiable yarn 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 of the production of bountiable yarn in Australia.
(6) Subject to sub-sections (3), (4) and (5), if, in the opinion of the Minister, the spinning of bountiable yarn is, or is proposed to be, carried out 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 which, in the case of the registration of premises at which the spinning of bountiable yarn was carried out before 1 October 1977, may be a date earlier than 1 October 1977.
(8) Where the Minister is satisfied, in respect of any registered premises—
(a) that the spinning of bountiable yarn is not being carried out at the premises;
(b) that the spinning of bountiable yarn is not being carried out at the premises by the person who applied for the registration of the premises; or
(c) if any conditions have been prescribed under sub-section (1), the spinning of bountiable yarn is being carried out at the premises otherwise than in accordance with those conditions,
the Minister may, by a 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 purposes of the application of section 29 of the
(a) registered premises; or
(b) premises where there is stored bountiable yarn 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 yarn;
(d) inspect the spinning of any bountiable yarn; and
(e) inspect the accounts, books, documents and other records relating to the spinning, storage, use or disposal of bountiable yarn.
(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.
(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.
(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.
(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 17, 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 judgment of that court.
(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 quantity of bountiable yarn 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.
(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.
(a) a decision of the Comptroller-General made for the purposes of section 9;
(b) an approval of the Minister given under section 10 or a refusal of the Minister to give an approval under that section;
(c) a refusal of the Minister to register premises under section 12, not being a refusal by virtue of sub-section 12(5);
(d) 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;
(e) a decision of the Minister made for the purposes of sub-section 12(8); or
(f) a determination by the Minister of an amount of security made for the purposes of section 14.
(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 connexion with applications for bounty; and
(c) penalties not exceeding $100 for offences against the regulations.
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