Bounty (Printed Fabrics) Act 1981 (Cth)
This compilation was prepared on 16 October 2001
taking into account amendments up to Act No. 140 of 2001
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Bounty (Printed Fabrics) Act 1981 .
The Chief Executive Officer of Customs has the general administration of this Act.
(1) In this Act, unless the contrary intention appears:
accounting period , in relation to a producer of bountiable printed fabric, has the meaning given by section 3A.
approved form means a form approved by the CEO in writing.
authorized officer means an officer who is an authorized officer for the purposes of this Act by virtue of an appointment under section 14.
bountiable printed fabric means printed fabric that:
(a) weighs less than 125 grams per square metre; and
(b) is suitable for making up into garments;
but does not include printed fabric designed for making up into the lining, or the internal pockets, of garments.
bounty means bounty under this Act.
bounty period means the period commencing on 1 January 1982 and ending on 30 June 1995.
CEO means the Chief Executive Officer of Customs.
Collector has the same meaning as it has in theCustoms Act 1901 .
man‑made fibres means fibres or filaments of organic polymers produced by either of the following manufacturing processes:
(a) polymerisation or condensation of organic monomers;
(b) chemical transformation of natural organic polymers.
pattern includes an image.
prescribed fabric means a textile fabric in the piece woven from a prescribed yarn or prescribed yarns.
prescribed yarn means:
(a) a yarn made of one or more of the following, that is to say, wool (including animal hair), cotton, silk or man‑made fibre; or
(b) a yarn determined by the CEO to be a prescribed yarn for the purposes of this Act.
printed fabric means a prescribed fabric on which a pattern in a stabilized form has been printed to the specifications of the printer or of a customer of the printer by:
(a) one of the following methods of mechanical printing, that is to say, screen printing, rotary screen printing, roller screen printing or sublimation heat transfer printing; or
(b) a method of printing declared by the regulations to be a method of printing for the purposes of this paragraph.
producer , in relation to bountiable printed fabric, means:
(a) in the case of bountiable printed fabric all the processes in the printing of which were carried out by one person only—that person; or
(b) in any other case—each person who carried out a process, or processes, in the printing of the bountiable printed fabric.
registered clothing factory means:
(a) a building or other place:
(i) used for the commercial making up of fabric into garments; and
(ii) registered as a factory under a law of a State or an internal Territory;
(b) a building or other place in an internal Territory:
(i) used for the commercial making up of fabric into garments; and
(ii) approved by the CEO for the purposes of this paragraph; or
(c) a building or other place used by the Commonwealth, a State or the Northern Territory or an authority of the Commonwealth, a State or the Northern Territory for the making up of fabric into garments.
registered premises means premises registered under section 11.
year means a period of 12 months commencing on 1 January.
(2) For the purposes of this Act, the processes in the printing of prescribed fabric include:
(a) any process in the production and preparation of printing design media or other printing surfaces used in the printing of the fabric (including any process in the production of sublimation transfer printing paper from other paper or in the application of a pattern to sublimation transfer printing paper).
(b) any process in the preparation of the fabric for printing;
(c) any mixing, blending, or dissolving of dye stuff to prepare dye used in the printing of the fabric;
(d) any process in the recovery of the fabric following the completion of other processes in the printing of the fabric;
(e) any process in the stabilization of the pattern printed on the fabric;
(f) any inspection of the fabric in relation to the printing of the fabric;
(g) the packing of the printed fabric after the completion of all other processes in the printing, being packing by the person who carried out the last of those other processes; and
(h) any other process in connection with the printing of the fabric that the CEO determines to be a printing process for the purposes of this paragraph;
but do not include:
(j) the carrying out of any original art work; or
(k) any processes in the production of chemicals or other materials used in the printing.
(3) For the purposes of this Act, 2 persons who are not business associates within the ordinary meaning of that term shall, nevertheless, be deemed to be business associates if, directly or indirectly:
(a) one has an interest in the business or property of the other;
(b) both have an interest in the same business or property; or
(c) another person has an interest in the business or property of each of them.
(4) For the purposes of paragraph (3)(c), a person shall not be taken to have an interest in a business or property by reason only that he has a beneficial interest in shares or stock in the capital of a company or other body associated with that business or property if the total nominal value of those shares or that stock, as the case may be, does not exceed one‑fifth of the total nominal value of the issued share capital or stock, as the case may be, of the company or other body.
(1) For the purposes of this Act, the additional value added to bountiable printed fabric by a producer of the bountiable printed fabric shall be deemed to be the amount that the CEO determines, in accordance with subsection (2), is, in his opinion, the factory cost in connection with the process or processes carried out by that producer in the printing that produced from prescribed fabric the bountiable printed fabric.
(2) In making a determination for the purposes of subsection (1) in relation to bountiable printed fabric, the CEO:
(a) shall disregard:
(i) the cost of the prescribed fabric from which the bountiable printed fabric was produced;
(ii) the cost of any dyes or similar materials that were used in carrying out a process in the printing of the bountiable printed fabric (not being a factory overhead charge);
(iii) the cost of any paper, other than sublimation transfer printing paper, that was used in carrying out a process in the printing of the bountiable printed fabric; and
(iv) the cost of any disposable packaging for the bountiable printed fabric;
(b) shall disregard the cost to the producer of obtaining from another person:
(i) any fabric on which a pattern has been partially printed;
(ii) any sublimation transfer printing paper (whether or not a pattern has been applied or partially applied to the paper); or
(iii) any screen on which a pattern has been imparted or partially imparted;
(c) may disregard, in whole or in part, any costs or expenses relating to the printing of the fabric having regard to the nature or extent of the work or other matters to which those costs or expenses relate;
(ca) shall disregard freight, and costs relating to vehicles, incurred in respect of the delivery of completed or partly completed bountiable printed fabric;
(d) may disregard, in whole or in part, costs charged or levied on the producer by a business associate of the producer, other than costs actually incurred by the business associate;
(e) may have regard to the cost of printing work in Australia or overseas that is comparable to the work comprised in the printing;
(f) shall make allowance for factory overhead charges (including factory administration costs, research and development expenditure, the cost of reusable packaging, the cost of machine maintenance and machine replacement parts, the cost of energy and water and the cost of solvents, detergents, lubricants and similar materials used to facilitate the printing);
(g) shall not make any allowance for:
(i) general administration, selling costs, interest, service charges or taxation (other than pay‑roll tax) or bonuses issued or paid to employees of the producer from the profits of the producer;
(ii) the cost of the right to use a pattern;
(iii) rent, hire or leasing costs in relation to land, buildings, plant or equipment, other than any part of those costs that:
(A) constitutes rates or other municipal charges;
(B) constitutes the cost of the repair and maintenance of buildings, plant or equipment; or
(C) would normally be treated as depreciation; or
(iv) any cost incurred after the completion of the printing of the fabric.
(3) For the purposes of paragraph (2)(a), the cost of any materials (including fabric, dyes, paper or packaging) shall be taken to include the cost of any delivery of the materials.
A reference in this Act to an accounting period of a producer of bountiable printed fabric shall be construed as a reference to:
(a) where the producer has an accounting period in relation to that fabric of 12 months commencing on a day other than 1 July—that accounting period; or
(b) in any other case—a financial year.
A power conferred on the Governor‑General, the Minister or the CEO 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.
Chapter 2 of the
Criminal Code applies to all offences created by this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) Bounty is payable in accordance with this Act on the production in Australia of bountiable printed fabrics.
(2) For the purposes of this Act, the production of bountiable printed fabric shall not be taken to have been carried out in Australia unless the imparting of the pattern on the fabric was carried out in Australia.
(3) Bounty in respect of a bountiable printed fabric is payable to the producer, or the producers, of the bountiable printed fabric.
(4) A producer is not entitled to receive a payment of bounty in respect of a bountiable printed fabric unless:
(a) all the processes in the printing of the fabric carried out by him were carried out at registered premises during the bounty period;
(b) the printing of the fabric was completed during the bounty period; and
(c) the fabric has been used during the bounty period, or sold or otherwise disposed of during the bounty period for use:
(i) for making up into garments in a registered clothing factory; or
(ii) where the fabric is included in a class or kind of fabric declared by the regulations to be a class or kind of fabric that, for the purposes of this paragraph, may be used for a specified purpose—for that purpose.
(5) If, on 1 January 1982, a person who applied successfully for the registration of premises has in stock any bountiable printed fabric the production of which was completed on or after 1 October 1981, being fabric the last process in the printing of which was carried out on those premises by that person, all the processes in the printing of that fabric shall, for the purposes of this Act, be deemed to have been carried out on 1 January 1982.
(6) If, on 1 January 1982, there is on registered premises any fabric (not being bountiable printed fabric the printing of which has been completed) on which any process in the printing of bountiable printed fabric has been carried out, that process and any preceding process or processes in the printing of that fabric shall, for the purposes of this Act, be deemed to have been carried out on that date.
The bounty payable to a producer of bountiable printed fabric in respect of the fabric is an amount equal to:
(a) where the condition specified in paragraph 5(4)(c) is satisfied in relation to the fabric before 20 August 1986—70% of the additional value added to the fabric by that producer; and
(b) where that condition is satisfied in relation to the fabric:
(i) on or after 20 August 1986 and before 1 March 1989—56%;
(ii) on or after 1 March 1989 and before 1 March 1990—53%;
(iii) on or after 1 March 1990 and before 1 March 1991—49%;
(iv) on or after 1 March 1991 and before 1 March 1992—45%;
(v) on or after 1 March 1992 and before 1 July 1992—41%;
(vi) on or after 1 July 1992 and before 1 July 1993—30%;
(vii) on or after 1 July 1993 and before 1 July 1994—22%; and
(viii) on or after 1 July 1994 and before 1 July 1995—15%;
of the additional value added to the fabric by that producer.
(1) Bounty is not payable in respect of any bountiable printed fabric produced by the Commonwealth, a State or an authority of the Commonwealth or of a State (including an educational institution established by the Commonwealth or a State).
(2) In this section,
State includes the Northern Territory.
(1) An advance on account of bounty may be made to a person on such terms and conditions as are approved by the CEO in writing.
(2) If a person receives, by way of advances on account of bounty in respect of particular bountiable printed fabric, an amount that exceeds the amount of bounty payable to the person in respect of that fabric, the person is liable to repay to the Commonwealth the amount of the excess.
(3) If a person receives an amount by way of advances on account of bounty that may become payable to the person and the bounty does not become payable to the person, the person is liable to repay to the Commonwealth the amount so received.
(4) If, at the expiration of an accounting period of a producer of bountiable printed fabric, the producer has received, by way of advances on account of bounty that may become payable to the producer during that period in respect of bountiable printed fabric, an amount that exceeds the sum of:
(a) the amount of bounty that became payable to the producer during that period in respect of bountiable printed fabric; and
(b) the amount or amounts (if any) paid to the producer during that period in respect of bountiable printed fabric that the producer is liable to repay to the Commonwealth by virtue of subsection (2) or (3);
the producer is liable to repay to the Commonwealth the amount of the excess.
Bounty is not payable in respect of a bountiable printed fabric unless the CEO is satisfied that the bountiable printed fabric is of good and merchantable quality.
(1) A person who claims to be entitled to be paid an amount of bounty in respect of bountiable goods may lodge a claim for payment to the person of the amount.
(3) A claim under subsection (1) in respect of bountiable goods shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by the form;
(c) be signed and witnessed as required by section 10D; and
(d) be lodged with a Collector for a State, or with the CEO, within 12 months after the day on which the last condition for the payment of bounty in respect of those goods became satisfied.
(4) As soon as practicable after the lodgment of the claim, the CEO shall, after examining the claim and causing such inquiries as the CEO considers necessary to be made (including inquiries involving the exercise of powers under sections 15 and 16):
(a) if the CEO is satisfied that the claim complies with subsection (3) and that the claimant is, or, if certain estimates are correct, is, otherwise entitled to be paid an amount of bounty in respect of the bountiable goods to which the claim relates:
(i) except where subparagraph (ii) applies—approve, in writing, payment of the amount; or
(ii) where:
(A) the amount is different from the amount for which the claim was made;
(B) the difference between those amounts is less than $50; and
(C) the CEO is satisfied that the difference is not attributable to the person who made the claim deliberately overclaiming or underclaiming the amount of bounty;
approve, in writing, payment of the amount claimed; or
(b) if the CEO is not so satisfied—refuse, in writing, to approve payment of bounty in respect of the goods to which the claim relates.
(5) Where the CEO makes a decision under subsection (4) in relation to a claim approving, or refusing to approve, payment of bounty, not being a decision approving payment of the amount of bounty claimed that is made within 30 days after the lodging of the claim, the CEO shall cause to be served on the person who lodged the claim a notice in writing setting out the decision.
(1) Where a person who has lodged a claim under section 10 (whether or not the claim has been dealt with under that section) considers that the claim was, because of an inadvertent error, a claim for an amount of bounty in respect of bountiable goods that was less than the amount of bounty that the person was entitled to claim in respect of those goods, the person may lodge a claim for payment to the person of the difference between the 2 amounts.
(2) A claim under subsection (1) in respect of bountiable goods shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by the form;
(c) be signed and witnessed as required by section 10D; and
(d) be lodged with a Collector for a State, or with the CEO, within 12 months after the day on which the last condition for the payment of bounty in respect of those goods became satisfied.
(3) Where a claim under subsection (1) relates to a claim under section 10 that has not been dealt with under subsection 10(4), the 2 claims shall be dealt with under subsection 10(4) as if they were one claim under section 10.
(4) As soon as practicable after the lodgment of a claim under subsection (1) to which subsection (3) does not apply, the CEO shall, after examining the claim and causing such inquiries as the CEO considers necessary to be made (including inquiries involving the exercise of powers under sections 15 and 16):
(a) if the CEO is satisfied that the claim complies with subsection (2) and that the claimant is, or, if certain estimates are correct, is, otherwise entitled to be paid an additional amount of bounty in respect of bountiable goods to which the claim relates—approve, in writing, payment of the additional amount; or
(b) if the CEO is not so satisfied—refuse, in writing, to approve payment of an additional amount of bounty in respect of the goods to which the claim relates.
(5) Where the CEO makes a decision under subsection (4) in relation to a claim approving, or refusing to approve, payment of an additional amount of bounty, not being a decision approving payment of the additional amount claimed that is made within 30 days after the lodging of the claim, the CEO shall cause to be served on the person who lodged the claim a notice in writing setting out the decision.
(1) Where a person who has lodged a claim under section 10 (whether or not the claim has been dealt with under that section) subsequently knows that the claim is for an amount of bounty in respect of bountiable printed fabric that exceeds the amount of bounty that the person was entitled to claim in respect of that printed fabric by more than $100, the person shall, within 28 days after discovering the excess, lodge an acknowledgment of the excess, being an acknowledgment that complies with subsection (2).
Penalty:
(a) in the case of a natural person—$1,000; or
(b) in the case of a body corporate—$5,000.
(2) An acknowledgment under subsection (1) in respect of bountiable printed fabric shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by the form;
(c) be signed and witnessed as required by section 10D; and
(d) be lodged with a Collector for a State or Territory or with the CEO.
(3) Where an acknowledgment relates to a claim under section 10 that has not been dealt with under that section, the claim shall be dealt with under that section as if it had been amended in accordance with the acknowledgment.
(4) Where the CEO, after examining an acknowledgment under subsection (1) to which subsection (3) does not apply and causing such inquiries as the CEO considers necessary to be made (including inquiries under sections 15 and 16), is satisfied that there has been an overpayment of a claim by more than $100, the CEO shall cause to be served on the person who lodged the claim a demand for the repayment of the amount of the overpayment, and that person is liable to repay that amount to the Commonwealth.
(1) Subject to subsection (2), if the CEO becomes satisfied, otherwise than after examining an acknowledgment under section 10B, that there has been an overpayment of a claim for bounty by more than $100, the CEO shall cause to be served on the person who lodged the claim a demand for repayment of the amount of the overpayment, and that person is liable to repay that amount to the Commonwealth.
(2) Where:
(a) the amount of an overpayment of a claim for bounty, being an overpayment referred to in subsection (1), is not higher than $25,000; and
(b) the CEO is satisfied:
(i) that:
(A) the overpayment was due to an error that did not involve any failure on the part of the person who lodged the claim to comply with this Act; and
(B) the repayment of the amount of the overpayment would be unreasonable or would cause undue hardship to that person; or
(ii) that:
(A) the cost of endeavouring to recover the overpayment is so high; and
(B) the amount likely to be recovered as a result of endeavouring to recover the overpayment is so low;
that taking action to recover the overpayment would not be justified;
the CEO may refrain from causing a demand for repayment of the amount of the overpayment to be served in accordance with that subsection.
(3) Where, in accordance with subsection (2), the CEO refrains from causing a demand for repayment of the amount of an overpayment to be served in accordance with subsection (1), particulars of the amount shall be included in the return under section 19 for the year in which the CEO so refrained.
(1) Where, under this Act, a claim, acknowledgment, return or statement lodged by a person in accordance with an approved form is required to be signed and witnessed as required by this section, the form shall:
(a) where the person is a natural person, be signed personally in the presence of a witness by:
(i) the person; or
(ii) another natural person authorised by the first‑mentioned person to sign forms under this Act on behalf of the first‑mentioned person;
(b) where a person is a body corporate, be:
(i) under the seal of the first‑mentioned person; or
(ii) signed personally in the presence of a witness by a natural personal authorised by the first‑mentioned person to sign forms under this Act on behalf of the first‑mentioned person; and
(c) where the form is required to be signed by a natural person in the presence of a witness, state the name and address of the witness and contain a declaration signed by the witness stating that the form was signed in the presence of the witness.
(2) For the purposes of this section, a person shall be taken to have authorised another person to sign forms under this Act on behalf of the first‑mentioned person if, and only if, the first‑mentioned person has so authorised the other person in writing delivered to the CEO, being writing:
(a) where the first‑mentioned person is a natural person, that:
(i) is signed personally in the presence of a witness by the first‑mentioned person; and
(ii) states the name and address of the witness and contains a declaration signed by the witness stating that the writing was signed in the presence of the witness; or
(b) where the first‑mentioned person is a body corporate—under the seal of the first‑mentioned person.
(1) Where a person is liable to repay an amount to the Commonwealth under section 8, 10B or 10C, the Commonwealth may recover that amount as a debt due to the Commonwealth by action in a court of competent jurisdiction.
(2) Where a person is liable to repay an amount to the Commonwealth under section 8, 10B or 10C, that amount may be deducted from any other amount that is payable to the person under this Act and, where the first‑mentioned amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.
(1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connection with the carrying out at registered premises of any process in the printing of bountiable printed fabric.
(2) Where a person carries out, or proposes to carry out, at any premises in Australia any process in the printing of bountiable printed fabric, he may apply to the CEO for the registration of those premises for the purposes of this Act.
(3) If conditions have been prescribed under subsection (1), the CEO shall not register the premises unless he is satisfied that those conditions have been, or will be, complied with.
(4) The CEO may require the applicant to furnish such information as the CEO considers necessary for the purposes of this Act, and may refuse to register the premises until the information is furnished to his satisfaction.
(5) The CEO shall not register premises for the purposes of this Act if the only process in the printing of bountiable printed fabric carried out, or proposed to be carried out, on the premises is art work or the only processes in the printing of bountiable printed fabric carried out, or proposed to be carried out, on the premises are art work and any other process that does not involve, or other processes none of which involves, the use of a significant amount of equipment.
(6) Subject to subsections (3), (4) and (5), if, in the opinion of the CEO, any process in the printing of bountiable printed fabric 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) Where the CEO is satisfied, in respect of any registered premises:
(a) that no process in the printing of bountiable printed fabric is being carried out at the premises;
(b) that no process in the printing of bountiable printed fabric is 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 subsection (1), that a process in the printing of bountiable printed fabric is being carried out at the premises otherwise than in accordance with those conditions;
the CEO may, by notice in writing serviced 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 subsection (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.
A person is not entitled to bounty unless he keeps, to the satisfaction of the CEO, accounts, books, documents and other records showing, from time to time, particulars relating to the printing (including the cost of printing), and the sale or other disposal, or the use, by the person of the fabric in respect of which he claims bounty and such other information in relation to that fabric as the CEO requires.
The CEO may require a person to whom bounty could become payable to give security, in an amount determined by the CEO, 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.
(1) The CEO 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 this Act.
(2) In subsection (1),
officer means an Officer of Customs within the meaning of theCustoms Act 1901 .
(1) For the purposes of this Act, an authorized officer may, at all reasonable times, enter:
(a) registered premises;
(b) premises where there is stored bountiable printed fabric in respect of which bounty has been claimed, or, in the opinion of the authorized officer, is likely to be claimed; or
(c) premises where there are kept any accounts, books, documents or other records relating to the printing, storage, sale or use of bountiable printed fabric;
and may:
(d) inspect or take stock of any bountiable printed fabric;
(e) inspect any process in the printing of any bountiable printed fabric; and
(f) inspect the accounts, books, documents and other records relating to the printing (including the cost of printing), or the sale or other disposal or the use, of bountiable printed fabric;
and may make and retain copies of, or take and retain extracts from, any such accounts, books, documents and other records.
(2) The occupier or person in charge of registered premises, or of premises referred to in paragraph (1)(b) or (c), shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his powers under this section.
Penalty: $500.
(1) 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 printing (including the cost of printing), sale or other disposal, or use of bountiable printed fabric 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 printing (including the cost of printing), sale or other disposal, or use of bountiable printed fabric as are referred to in the notice.
(2) 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 account, book, document or other record is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph 18(1)(c) or 18(3) or (4).
(4) Where a producer of bountiable printed fabric, 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 CEO 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.
(1) A Collector or an authorized officer 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 subsection (1) is an oath or affirmation that the answers he will give to questions asked him will be true.
(1) A person shall not 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.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the
Criminal Code .(2) A person shall not obtain bounty that is not payable.
Penalty: $2,000 or imprisonment for 12 months.
(3) A person shall not obtain payment of bounty by means of a statement that he knows to be false or misleading or by 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 subsection (2) or (3), the court may, in addition to imposing a penalty under that subsection, 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 subsection (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.
(7) In this section,
bounty includes an advance on account of bounty under section 8.
(1) The CEO shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth:
(a) the name and address of each person to whom bounty was paid in that financial year;
(b) the amount of bounty paid to each person in that financial year; 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.
(3) In this section,
bounty includes an advance on account of bounty under section 8.
(1) The Minister 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.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
Applications may be made to the Administrative Appeals Tribunal for review of:
(a) a refusal of the CEO to give an approval for the purposes of paragraph (b) of the definition of
registered clothing factory in subsection 2(1);(b) a determination by the CEO made for the purpose of subsection 3(1);
(c) a decision of the CEO made for the purposes of section 9;
(d) a decision of the CEO under paragraph 10(4)(a) approving payment of bounty;
(da) a decision of the CEO under paragraph 10(4)(b) refusing to approve payment of bounty;
(db) a decision of the CEO under paragraph 10A(4)(a) approving a payment;
(dc) a decision of the CEO under paragraph 10A(4)(b) refusing to approve a payment;
(dd) a decision of the CEO for the purposes of subsection 10B(4);
(de) a decision of the CEO for the purposes of subsection 10C(1);
(e) a refusal of the CEO to register premises under section 11;
(f) a decision of the CEO made for the purposes of subsection 11(7); or
(g) a requirement by the CEO under section 13.
Bounty is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
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 are to be made;
(b) the information to be furnished by applicants in connection with applications for bounty; and
(c) penalties not exceeding $200 for offences against the regulations.
The
All
relevant information pertaining to application, saving or transitional
provisions prior to 1
October 2001 is not included in this compilation. For subsequent information
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
102, 1981 | 24 June 1981 | 22 July 1981 | ||
176, 1981 | 2 Dec 1981 | Part XIX (s. 68): 30 Dec 1981 | — | |
26, 1982 | 7 May 1982 | Part X (s. 72): 4 June 1982 | S. 72(2) and (3) | |
80, 1982 | 22 Sept 1982 | Part LXXVII
(s. 280): | S. 280(2) and (3) | |
39, 1985 | 29 May 1985 | 10 June
1985 ( | S. 4 | |
10, 1986 | 13 May 1986 | 13 May 1986 | Ss. 2(2) and 4 | |
119, 1986 | 2 Dec 1986 | S. 15: 20 Aug 1986 S. 16: 30 Dec 1986 Remainder: Royal Assent | Ss. 17 and 18 | |
54, 1987 | 5 June 1987 | Part II (ss. 4–8): 5 Sept 1986 Ss. 10(a) and 12: 1 Jan 1987 Part V (ss. 16–19): 20 Aug 1986 Part VI (ss. 20 and 21): 15 Apr 1986 Remainder: Royal Assent | S. 2(6)–(8) | |
145, 1988 | 26 Dec 1988 | S. 4(2): 1 Jan 1988 Remainder: Royal Assent | S. 2(2) and (3) | |
| ||||
| 42, 1990 | 16 June 1990 | 16 June 1990 | S. 2(2) and (3) |
117, 1991 | 27 June 1991 | 1 July 1991 | — | |
85, 1995 | 1 July 1995 | Ss. 11 (items
36–39) and 18: Royal Assent | S. 18 | |
140, 2001 | 1 Oct 2001 | 2 Oct 2001 | S. 4 [ |
(a) TheBounty (Printed Fabrics) Act 1981 was amended by Part XIX (section 68) only of theStatute Law (Miscellaneous Amendments) Act 1981 , subsection 2(12) of which provides as follows:
(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(b) TheBounty (Printed Fabrics) Act 1981 was amended by Part X (section 72) only of theStatute Law (Miscellaneous Amendments) Act (No. 1) 1982 , subsection 2(12) of which provides as follows:
(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(c) TheBounty (Printed Fabrics) Act 1981 was amended by Part LXXVII (section 280) only of theStatute Law (Miscellaneous Amendments) Act (No. 2) 1982 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(d) TheBounty (Printed Fabrics) Act 1981 was amended by theCustoms, Excise and Bounty Legislation Amendment Act 1995 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.
| |
Provision affected | How affected |
S. 1A ..................................... | ad. No. 39, 1985 |
am. No. 85, 1995 | |
S. 2......................................... |
|
S. 3......................................... | am. No. 54, 1987; No. 85, 1995 |
S. 3A...................................... | ad. No. 119, 1986 |
S. 4......................................... | am. No. 85, 1995 |
S. 4A...................................... | ad. No. 140, 2001 |
S. 6......................................... | rs. No. 119, 1986 |
am. No. 145, 1988; No. 117, 1991 | |
S. 8......................................... | am. No. 39, 1985 |
rs. No. 119, 1986 | |
am. No. 85, 1995 | |
S. 9......................................... | am. No. 85, 1995 |
S. 10....................................... | am. No. 39, 1985 |
rs. No. 119, 1986 | |
am. No. 117, 1991; No. 85, 1995 | |
S. 10A.................................... | ad. No. 119, 1986 |
am. No. 85, 1995 | |
S. 10B.................................... | ad. No. 119, 1986 |
am. No. 85, 1995; No. 140, 2001 | |
Ss. 10C, 10D.......................... | ad. No. 119, 1986 |
am. No. 85, 1995 | |
S. 10E.................................... | ad. No. 119, 1986 |
Ss. 11–13............................... | am. No. 39, 1985; No. 85, 1995 |
S. 14....................................... |
|
S. 16....................................... | am. No. 10, 1986; No. 85, 1995 |
S. 18....................................... | am. No. 140, 2001 |
S. 19....................................... | am. No. 26, 1982; No. 85, 1995 |
S. 20....................................... | am. No. 39, 1985 |
S. 21....................................... | am. No. 39, 1985; No. 119, 1986; No. 85, 1995 |
Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 (No. 140, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
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