Bounty
(Refined Tin) Act 1980
No. 46 of 1980
An Act to
provide for the payment of bounty on the production of certain refined tin
[Assented to 23 May 1980]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Bounty (Refined Tin) Act 1980.
Commencement
2. This Act shall be
deemed to have come into operation on 1 January 1980.
Interpretation
3. (1) In this Act, unless the contrary intention appears—
“Australian
tin concentrate” means tin concentrate other than tin concentrate—
(a)
imported into Australia; or
(b)
prepared by dressing tin ore imported into Australia;
“authorized
person” means a person who is an authorized person for the purposes of this Act
by virtue of an appointment under section 15;
“base
period” means the period of twelve months that commenced on 1 July 1978;
“bountiable
refined tin” means ingots that contain not less than 99.7% by weight of tin;
“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;
“period
to which this Act applies” means the period that commenced on 1 January 1980
and ends on 31 December 1982;
“prepared”,
in relation to tin concentrate, means prepared by dressing tin ore;
“prescribed
miner”, in relation to a smelter, means a person who prepared Australian tin
concentrate supplied to that smelter during the base period;
“prescribed
tin concentrate” has the meaning given by section 4;
“refining”,
in relation to tin concentrate, includes smelting or otherwise processing the
tin concentrate;
“registered
premises” means premises registered under section 12;
“smelter”
means a person who produces bountiable refined tin;
“tin
concentrate” means material prepared by dressing tin ore.
(2) For the purposes of
this Act, where slag or other waste resulting from the refining of tin
concentrate by a smelter is used by him in the production of ingots, that use
shall be taken to be a process in the refining of that tin concentrate.
(3) For the purposes of
this Act, where tin concentrate supplied to a smelter during the period to
which this Act applies was prepared by a business associate of a prescribed
miner, that concentrate shall be taken to have been prepared by that prescribed
miner.
(4) For the purposes of
this Act, two persons shall be taken to be business associates if—
(a)
one has an interest, whether direct or indirect, in the business or property of
the other;
(b)
both have an interest, whether direct or indirect, in the same business or
property; or
(c)
another person has an interest, whether direct or indirect, in the business or
property of each of them.
(5) For the purposes of
paragraph (4)(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.
Prescribed
tin concentrate
4. (1) Where a smelter, who,
during the year that commenced on 1 January 1980, has been supplied with a
quantity of Australian tin concentrate prepared by a prescribed miner equal to
three-quarters of the quantity of Australian tin concentrate prepared by that
prescribed miner that was supplied to the smelter during the base period, is
supplied, in that year, with an additional quantity of Australian tin
concentrate prepared by that prescribed miner, that additional concentrate is,
subject to sub-section (3), prescribed tin concentrate.
(2) Where a smelter, who,
during the year commencing on 1 January 1981, has been supplied with a quantity
of Australian tin concentrate prepared by a prescribed miner equal to one-half
of the quantity of Australian tin concentrate prepared by that prescribed miner
that was supplied to the smelter during the base period, is supplied, in that
year, with an additional quantity of Australian tin concentrate prepared by
that prescribed miner, that additional concentrate is, subject to sub-section
(3), prescribed tin concentrate.
(3) Where—
(a)
a quantity of Australian tin concentrate prepared by a prescribed miner and
supplied to a smelter in a year is, by virtue of sub-section (1) or (2),
prescribed tin concentrate; and
(b)
before producing bountiable refined tin by refining that quantity of
concentrate, the smelter wishes to produce such tin by refining an equal
quantity of other Australian tin concentrate prepared by that prescribed miner
supplied to him earlier in that year,
the
Comptroller-General may, if requested by the smelter to do so, approve the
substitution for the concentrate referred to in paragraph (a) as prescribed tin
concentrate of the other concentrate referred to in paragraph (b).
(4) For the purposes of
this section, Australian tin concentrate shall not be taken to be supplied to a
smelter unless it is supplied to him for the purpose of his refining it so as
to produce bountiable refined tin.
Uniformity
5. A power conferred on
the Governor-General, the Minister or the Comptroller-General 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 (iii) of section
51 of the Constitution.
Specification
of bounty
6. (1) Bounty is payable in accordance with this Act on the production
in Australia of bountiable refined tin.
(2) Bounty in respect of
bountiable refined tin is payable to the smelter of the refined tin.
(3) A smelter is not
entitled to receive a payment of bounty in respect of bountiable refined tin
unless—
(a)
the production of the bountiable refined tin has been carried out by the
smelter at registered premises and has been completed during the period to
which this Act applies; and
(b)
the bountiable refined tin has been produced by the refining of—
(i)
Australian tin concentrate supplied to the smelter during the period to which
this Act applies, other than tin concentrate prepared by a prescribed miner;
(ii)
prescribed tin concentrate supplied to the smelter during the year that
commenced on 1 January 1980 or the year commencing on 1 January 1981; or
(iii)
Australian tin concentrate prepared by a prescribed miner and supplied to the
smelter during the year commencing on 1 January 1982.
Refined
tin obtained from various concentrates
7. (1) For the purposes of this Act, where a quantity of bountiable
refined tin has been produced by—
(a)
the refining of tin concentrate referred to in paragraph 6(3)(b); and
(b)
the refining of other tin concentrate or another process (including a process
involving the use of scrap tin or similar material, not being waste to which
sub-section 3(2) applies) or two or more processes,
the
Comptroller-General shall determine, in accordance with sound metallurgical
principals, the amount, by weight, of that refined tin that was produced by the
refining of the tin concentrate so referred to.
(2) Where the
Comptroller-General is unable to determine an amount of refined tin for the
purpose of sub-section (1), that amount shall be taken to be such amount as is
estimated by the Comptroller-General, having regard to all relevant
circumstances, to be an appropriate amount of that refined tin for the purposes
of that sub-section.
(3) Without limiting the
generality of sub-section (2), the Comptroller-General shall, for the purposes
of that sub-section, be taken to be unable to determine an amount of refined
tin if the Comptroller-General, after taking all reasonable steps to ascertain
and verify information necessary for the determination of the amount (including
information relating to tin concentrate used in producing the refined tin), has
been unable to ascertain or verify that information by reason of the failure of
a smelter to supply information or to permit the Comptroller-General or an
authorized officer to inspect documents or other records relating to
information or otherwise.
Rate
of bounty
8. The rate at which
bounty is payable in respect of bountiable refined tin is $50 per tonne of the
weight of the refined tin.
Advances
on account of bounty
9. (1) An advance on account of bounty may be made to a person on such
terms and conditions as are approved by the Minister.
(2) If, at the expiration
of a financial year in which bounty is payable, a person has received during
that year, 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 year, 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.
Good
quality essential
10. Bounty is not payable
in respect of bountiable refined tin unless the Comptroller-General is
satisfied that the bountiable refined tin is of good and merchantable quality.
Approval
of payment of bounty
11. Where an application
for bounty in respect of bountiable refined tin is lodged in accordance with
the regulations, the Minister shall—
(a)
if he is satisfied that bounty is payable in respect of that refined
tin—approve the payment of the bounty; or
(b)
if he is not so satisfied—refuse to approve payment of the bounty.
Registration
of premises
12. (1) The regulations may prescribe conditions to be complied with,
for the purposes of this Act, in connection with the production at registered
premises of bountiable refined tin.
(2) Where a person carries
on, or proposes to carry on, the production at any premises of bountiable
refined tin, he may apply to the Minister for the registration of those
premises for the purposes of this Act.
(3) If conditions have been
prescribed under sub-section (1), the Minister shall not register the premises
unless he is satisfied that those conditions have been, or will be, complied
with.
(4) The Minister may
require the applicant to furnish such information 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, at any time during the base period, engaged in the
production of bountiable refined tin 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 in Australia of the refined tin industry.
(6) Subject to sub-sections
(3), (4) and (5), if, in the opinion of the Minister, bountiable refined tin
is, or is proposed to be, produced 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
such date, being a date not earlier than 1 January 1980, as is specified by the
Minister.
(8) Where the Minister is
satisfied, in respect of any registered premises—
(a)
that bountiable refined tin is not being produced at the premises;
(b)
that the production of bountiable refined tin at the premises is not being
carried on by the person who applied for the registration of the premises; or
(c)
if any conditions have been prescribed under sub-section (1), that bountiable
refined tin that is being produced at registered premises is being produced
otherwise than in accordance with those conditions,
the
Minister may, by 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 purpose of the
application of section 29 of the Acts
Interpretation Act 1901 to the service by post of a notice under
sub-section (8) 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.
Accounts
13. A person is not
entitled to bounty unless he keeps, to the satisfaction of the Minister,
accounts, books, documents and other records showing, from time to time,
particulars relating to the production of bountiable refined tin and such other
information in relation to that refined tin as the Minister requires.
Securities
14. The Minister may
require a smelter to give security in an amount determined by the Minister 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 the smelter is not entitled to bounty unless he gives security
accordingly.
Appointment
of authorized persons
15. The Minister may, by
writing signed by him, appoint a person to be an authorized person for the
purposes of this Act.
Stock-taking
and inspection of production and accounts, &c.
16. (1) For the purposes of this Act, an authorized person may, at all
reasonable times, enter—
(a)
registered premises; or
(b)
premises where there are stored bountiable refined tin 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 refined tin;
(d)
inspect any process in the production of any bountiable refined tin; and
(e)
inspect the accounts, books, documents and other records relating to the
production or storage of bountiable refined tin.
(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: $500.
Power
to require persons to answer questions and produce documents
17. (1) The Comptroller-General, a Collector or an authorized person
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
production or storage, of bountiable refined tin 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 production or storage of bountiable refined tin as are referred to in the
notice.
(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 smelter, or a
person employed by a smelter, 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 smelter, unless the Minister
otherwise directs, until the smelter or that person has attended, answered the
question or produced the account, book, document or other record, as the case
may be.
Power
to examine on oath, &c.
18. (1) The Comptroller-General, a Collector or an authorized person
may examine, on oath or affirmation, a person attending before him in pursuance
of section 17 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 sub-section (1) is an oath or
affirmation that the answers he will give to questions asked him will be true.
Offences
19. (1) A person shall not, without reasonable excuse, refuse or fail—
(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.
(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, a statement that is false or misleading in a material particular.
Penalty:
$2,000 or imprisonment for 6 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.
Return
for Parliament
20. (1) The Comptroller-General shall, as soon as practicable after the
end of each financial year in which bounty is payable, furnish to the Minister
a return setting forth—
(a)
the name and address of each person to whom bounty was paid in that year;
(b)
the amount of bounty paid to each person in that year and the amount of
bountiable refined tin 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 laid before each House of the Parliament within
fifteen sitting days of that House after the return is received by him.
Delegation
21. (1) The Minister or the Comptroller-General, 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 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.
Applications
for review
22. Applications may be
made to the Administrative Appeals Tribunal for review of—
(a)
an approval of the Comptroller-General given under sub-section 4(3) or a
refusal of the Comptroller-General to give an approval under that sub-section;
(b)
a determination or estimate made by the Comptroller-General for the purpose of
section 7;
(c)
a decision of the Comptroller-General made for the purposes of section 10;
(d)
an approval of the Minister given under section 11 or a refusal of the Minister
to give an approval under that section;
(e)
a refusal of the Minister to register premises under section 12, not being a
refusal by virtue of sub-section 12(5);
(f)
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;
(g)
a decision of the Minister made for the purposes of sub-section 12(8); or
(h)
a requirement by the Minister under section 14.
Appropriation
23. Bounty is payable out
of the Consolidated Revenue Fund, which is appropriated accordingly.