Bounty (Polyester-Cotton Yarn) Regulations (Cth)

Statutory Rules

1979 No. 158

REGULATIONS UNDER THE BOUNTY (POLYESTER-COTTON YARN) ACT 19781

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Bounty (Polyester-Cotton Yarn) Act 1978.

Dated this seventh day of August 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

WAL. FIFE

Minister of State for Business and Consumer Affairs

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BOUNTY (POLYESTER-COTTON YARN) REGULATIONS

Citation

1. These Regulations may be cited as the Bounty (Polyester-Cotton Yarn) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

"appropriate officer ", in relation to a manufacturer of bountiable yarn or his authorized agent, means—

(a) where the registered premises at which the yarn was spun are situated in a State—the Collector for that State;

(b) where those registered premises are situated in the Northern Territory of Australia—the Collector for that Territory; or

(c) where those registered 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 (Polyester-Cotton Yarn) Act 1978.

Application for bounty

3. (1) An application for bounty in respect of bountiable yarn—

(a) shall be in writing;

(b) shall be signed by, or on behalf of, the manufacturer of the yarn in the presence of a witness;

(c) shall state 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 yarn was used by the manufacturer for knitting or weaving textiles before the date of commencement of these Regulations or disposed of by him before that date for such use by another person—within a period of 3 months after that date; or

(ii) in any other case—within a period of 3 months after the date on which the yarn was used by the manufacturer for knitting or weaving textiles or disposed of by him for such use by another person, as the case maybe,

or, where the appropriate officer has, in relation to the yarn, consented to an extension of the period within which an application for bounty may be delivered to him, within a period of 12 months after the date specified in sub-paragraph (i) or (ii), as the case may be.

(2) The appropriate officer shall not give, for the purposes of paragraph (1) (d), his consent to an extension of the period within which an application for bounty in respect of bountiable yarn may be delivered to him unless—

(a) a request in writing for an extension of that period has (whether before or after the expiration of that period) been made by or on behalf of the manufacturer of the yarn; and

(b) the appropriate officer is satisfied that, for reasons outside the control of the manufacturer of the yarn, the application could not, or cannot, reasonably be expected to have been made, or to be made, within the period specified in subparagraph ( 1) (d) (i) or (ii), as the case may be.

Information to be furnished in connection with an application for bounty

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

(a) the name and address of the manufacturer of the yarn;

(b) the address of the premises at which the yarn produced;

(c) the period, being a period to which the Act applies, during which the spinning of the yarn was completed;

(d) the weight of the yarn to which the application relates;

(e) whether any yarn to which the application relates was used by the manufacturer for knitting or weaving textiles and, if any yarn was so used, the weight of the yarn so used;

(f) whether any yarn to which the application relates was sold, or otherwise disposed of, by the manufacturer for use by another person for knitting or weaving textiles and, if any yarn was so sold or otherwise disposed of—

(i) the weight of the yarn sold or otherwise disposed of; and

(ii) the name and address of the person to whom the yarn was sold or delivered;

(g) the amount of bounty claimed;

(h) whether a previous application for bounty has been made in respect of the yarn and, if such an application has been made, the date of that application and the reason for making the application that is now being made; and

(i) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the yarn and, if any payment has been so made, the date on which the payment was made and the amount paid by way of bounty or advance on account of bounty, as the case may be.

Authorized agents

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

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

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

Execution of documents by a company

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

SCHEDULE Regulation5

COMMONWEALTH OF AUSTRALIA

Bounty (Polyester-Cotton Yarn) Regulations

APPOINTMENT OF AUTHORIZED AGENT

To

(Insert title of appropriate officer)

I,

(Full name and address of manufacturer)

hereby appoint—

(Full name and address of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf any document that I may be required to sign by, or for the purposes of, the Bounty (Polyester-Cotton Yarn) Act 1978 or the Bounty (Polyester-Cotton Yarn) Regulations.

Dated this day of 19 .

(Signature of manufacturer or, where the manufacturer is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

(Signature of authorized agen t)

NOTE

1. Notified in the Commonwealth of Australia Gazette