Bounty (Printed Fabrics) Regulations (Cth)
made under the
This compilation was prepared on 11 January 2001
taking into account amendments up to SR 1985 No. 103
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Page
• • • • • • • •
These Regulations may be cited as the Bounty (Printed Fabrics) Regulations.
These Regulations shall come into operation on
1 January 1982.
In these Regulations, unless the contrary intention appears:
authorized agent means a person appointed under regulation 8 to be an authorized agent.
the Act means theBounty (Printed Fabrics) Act 1981 .
Printed fabric having a width of less than 115 centimetres is declared to be a kind of fabric that for the purposes of paragraph 5 (4) (c) of the Act may be used:
(a) for the purpose of making up into garments in a registered clothing factory; and
(b) for the purpose of making up into textile goods in Australia other than the commercial making up into textile goods.
The carrying out of a process in the printing of bountiable printed fabric at registered premises is, for the purposes of the Act, subject to the following conditions:
(a) each piece of bountiable printed fabric produced at registered premises shall be numbered consecutively;
(b) each screen, plate, roll of sublimation transfer printing paper or other printing surface, on which the pattern to be printed onto the prescribed fabric has been imparted or applied, as the case may be, at registered premises, shall be numbered consecutively;
(c) the number allotted to a piece of bountiable printed fabric, or the number allotted to a printing surface referred to in paragraph (b), shall, prior to the completion of that piece of fabric or the preparation of that printing surface, be affixed:
(i) by being imprinted on;
(ii) by being inscribed on; or
(iii) by being inscribed on a ticket or label that is securely fastened to;
that piece of fabric or that printing surface;
(d) after the number allotted to a piece of bountiable printed fabric, or to a printing surface referred to in paragraph (b), has been so affixed to that fabric or that surface:
(i) the number so affixed shall not be erased or altered; and
(ii) if the number is inscribed on a ticket or label that is securely fastened to that piece of fabric or that printing surface — that ticket or label shall not be removed;
while that piece of fabric or that printing surface is under the control of the producer; and
(e) a sample of each piece of bountiable printed fabric, or of sublimation transfer printing paper, produced at registered premises shall be kept at those premises for a period of 12 months immediately after the relevant bounty payment has been made.
(1) An application for bounty in respect of bountiable printed fabric:
(a) shall be in writing;
(b) shall be signed by, or on behalf of, the applicant 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 Collector for the State or Territory in which the process, or processes, in the printing of prescribed fabric was, or were, carried out or, if there is no such Collector, to the Comptroller-General:
(i) except where subparagraph (ii) applies — within 3 months after the relevant date in relation to the application; or
(ii) where the Comptroller-General has consented to an extension of the period referred to in subparagraph (i) in relation to the application — within 12 months after the relevant date in relation to the application.
(2) The Comptroller-General shall not give, for the purposes of paragraph (1) (d), his consent to an extension of the period referred to in subparagraph (1) (d) (i) in relation to an application for bounty in respect of printed fabric 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 applicant; and
(b) the application could not, or can not, reasonably be expected to have been made, or to be made, within the period specified in subparagraph (1) (d) (i).
(3) In paragraph (1) (d),
relevant date , in relation to an application for bounty in respect of bountiable printed fabric, means:(a) if the printed fabric was completed and delivered for use for the purposes of the Act before the date of commencement of these Regulations — that date; or
(b) if paragraph (a) does not apply in relation to the printed fabric — the date on which the printed fabric was completed and delivered for use for the purposes of the Act.
In connection with an application for bounty in respect of bountiable printed fabric, the applicant shall supply the following information:
(a) the name and address of the applicant;
(b) the address of the premises at which the applicant carried out a process, or processes, in the printing of the fabric;
(c) the date on which the premises referred to in paragraph (b) became registered premises;
(d) a description of each process carried out by the applicant in the printing of the fabric;
(e) whether the applicant carried out all the processes in the printing of the fabric;
(f) if the applicant did not carry out all the processes in the printing of the fabric:
(i) the process or processes carried out in Australia, otherwise than by the applicant, in the printing of the fabric;
(ii) the name of each person who carried out a process referred to in subparagraph (i); and
(iii) the address at which a process referred to in subparagraph (i) was carried out;
(g) the name and address of the person who owned the fabric at the time that the applicant carried out a process, or processes, in the printing of that fabric;
(h) if the applicant produced and delivered any of the following materials to another person for use in the production of the bountiable printed fabric:
(i) sublimation transfer printing paper;
(ii) printing design media or other printing surfaces;
(iii) sample fabric from which the bountiable printed fabric has been produced;
(iv) printed fabric, all the processes in the printing of which have been completed;
(v) prescribed fabric or printed fabric in relation to which further processes have to be carried out;
then, in respect of each of the materials so produced and delivered:
(vi) the date of delivery;
(vii) the quantity delivered;
(viii) the job or batch numbers (if any) that relate to each of the materials;
(ix) the invoice number that relates to each material;
(x) the name of the person to whom the material was delivered;
(xi) the address of the premises to which the material was delivered;
(xii) the number allotted to the material for the purposes of these Regulations;
(xiii) in the case of material referred to in subparagraph (iv) the name and address of the owner to whom that material was delivered; and
(xiv) in the case of material referred to in subparagraph (v) — the process or processes to be carried out in relation to that material;
(j) if the applicant carried out the last process in the printing of the fabric:
(i) the name and address of the registered clothing factory at which the bountiable printed fabric has been used for the commercial making up into garments in Australia; and
(ii) if the printed fabric has not been used in accordance with subparagraph (i):
(A) the purpose for which the printed fabric has been used; and
(B) so far as the applicant is aware, the name and address of each person to whom the printed fabric was sold for the purpose referred to in clause (A);
(k) the commencing date and expiry date of each period during which the applicant carried out a process, or processes, in the printing of the fabric;
(l) a description of the type or types of yarn from which the prescribed fabric was made;
(m) if the applicant completed the bountiable printed fabric:
(i) the weight, expressed in grams per square metre, of the completed fabric; and
(ii) the length, width and total area of the completed fabric;
(n) the costs incurred by the applicant in relation to a process or processes carried out by him in the production of the bountiable printed fabric and in particular:
(i) the remuneration paid or payable to employees for work related, directly or indirectly, to that process or those processes;
(ii) direct and indirect factory overhead charges;
(iii) factory administration costs; and
(iv) the cost of all materials (including the cost of reusable packaging) used to carry out that process or those processes;
(o) the amount of bounty applied for;
(p) whether all the processes in the printing of the fabric are, by virtue of subsection 5 (5) of the Act, deemed, for the purposes of the Act, to have been carried out on 1 January 1982;
(q) whether any previous application for bounty has been made in respect of the bountiable printed fabric 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;
(r) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the bountiable printed fabric 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.
(1) A producer of bountiable printed fabric 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 producer may be required to sign by, or for the purposes of, the Act or these Regulations.
(2) An instrument referred to in subregulation (1) shall be in accordance with the form in the Schedule and shall be delivered to a Collector or to the Comptroller-General.
(3) A producer who, in pursuance of subregulation (1), has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to a Collector or to the Comptroller-General.
Where the producer of bountiable printed fabric is required by, or for the purposes of, the Act or these Regulations to sign a document and the producer is a company, the document may be signed on behalf of the company by a director or the secretary of the company.
(regulation 8)
COMMONWEALTH OF AUSTRALIA
APPOINTMENT OF AUTHORIZED AGENT BY PRODUCER OF BOUNTIABLE PRINTED FABRIC
To
(
I,
(
hereby appoint
(
a speciment 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
this day of 19 .
(
Signature of producer, or where the producer is a company, signature of a director or the Secretary of the company and his designation )
this day of 19 .
(
Signature of authorized agent ).
The Bounty (Printed Fabrics)
Regulations
(in force under the
1981 No. 370 | 31 Dec 1981 | 1 Jan 1982 | |
1985 No. 103 | 7 June 1985 | 10 June 1985 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 6.......................................... | am. 1985 No. 103 |
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