| C2004C02536 | BOUNTY (SHIPS) ACT 1980 [Note: This Act is "repealed" by Act No. 85 of 1995]
(#DATE 7:4:1994)
Compilation Information
- Updated as at 7 April 1994
*1* The Bounty (Ships) Act 1980 as shown in this reprint comprises Act No. 48,
1980 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Bounty (Ships) Act 1980
48, 1980 23 May 1980 1 July 1980
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982
26, 1982 7 May 1982 Part X (s. 72):
4 June 1982 (a)
S. 72 (2) and (3)
Bounty (Ships) Amendment Act 1982
145, 1982 31 Dec 1982 1 July 1980 -
Customs Administration (Transitional Provisions and Consequential
Amendments) Act 1985
39, 1985 29 May 1985 10 June 1985 (see s. 2
and Gazette 1985, No. S194)
S. 4
Bounty (Ships) Amendment Act 1985
76, 1985 6 June 1985 6 June 1985 S. 24
Customs Administration (Transitional Provisions and Consequential
Amendments) Act 1986
10, 1986 13 May 1986 13 May 1986 Ss. 2 (2) and 4
Bounty and Subsidy Legislation Amendment Act 1986
37, 1986 24 June 1986 S. 8: 1 July 1986
S. 9: 6 July 1984
Ss. 13-16 and 19: 1 July 1985
Ss. 22 and 23: 1 Jan 1986
S. 25: 22 July 1986
Remainder : Royal Assent -
Bounty and Subsidy Legislation Amendment Act (No. 2) 1986
119, 1986 2 Dec 1986 S. 15: 20 Aug 1986
S. 16: 30 Dec 1986
Remainder: Royal Assent S. 14
Customs Tariff (Miscellaneous Amendments) Act 1987
76, 1987 5 June 1987 1 Jan 1988 (see s. 2 and
Gazette 1987, No. S351) -
Bounty and Subsidy Legislation Amendment Act 1988
28, 1988 11 May 1988 11 May 1988 (b) -
(a) The Bounty (Ships) Act 1980 was amended by Part X (section 72)
only of the Statute 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."
(b) "(5) The amendment of the Bounty (Ships) Act 1980 made by this
Act shall be deemed to have commenced on 6 June 1985."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Heading to Part I ad. No. 76, 1985
S. 2A ad. No. 39, 1985
S. 3 am. No. 145, 1982; No. 76, 1985; Nos. 37 and
119, 1986; No. 76, 1987
S. 3A ad. No. 37, 1986
S. 4 rs. No. 76, 1985
Ss. 4A, 4B ad. No. 76, 1985
Heading to Part II ad. No. 76, 1985
S. 6 am. No. 76, 1985; No. 119, 1986
S. 6A ad. No. 76, 1985
am. No. 119, 1986
S. 6B ad. No. 119, 1986
S. 7 am. No. 119, 1986
Heading to Part III ad. No. 76, 1985
S. 8 am. Nos. 39 and 76, 1985
S. 9 rs. No. 76, 1985
am. No. 119, 1986
S. 9A ad. No. 76, 1985
am. No. 119, 1986
Ss. 9B-9F ad. No. 76, 1985
Heading to Part IV ad. No. 76, 1985
S. 10 rs. No. 76, 1985
am. No. 119, 1986
S. 10A ad. No. 76, 1985
am. No. 119, 1986
Ss. 11, 12 rs. No. 76, 1985
am. No. 10, 1986
S. 12A ad. No. 76, 1985
rep. No. 28, 1988
S. 13 am. No. 10, 1986
rs. No. 119, 1986
S. 14 am. No. 76, 1985
S. 15 am. No. 76, 1985; No. 10, 1986
S. 17 am. No. 76, 1985
Ss. 17A, 17B ad. No. 76, 1985
Heading to Part V ad. No. 76, 1985
S. 18 am. No. 26, 1982; No. 76, 1985
S. 19 am. No. 39, 1985
S. 20 rs. No. 76, 1985
am. No. 10, 1986
S. 20A ad. No. 76, 1985
S. 21 am. No. 76, 1985
S. 22 rs. No. 76, 1985
BOUNTY (SHIPS) ACT 1980 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
2A. General administration of Act
3. Interpretation
3A. Effect of amendments of Tariff Act
4. Costs of construction or modification
4A. Determination of costs of construction or modification
4B. Accounting periods
5. Uniformity
PART II - BOUNTY
6. Specification of bounty
6A. Limit of available bounty in respect of vessels constructed or
modified for export
6B. Limit of available bounty in respect of vessels constructed or
modified during certain period
7. Rate of bounty
PART III - PAYMENT OF BOUNTY
8. Advances on account of bounty
9. Claims for payment of bounty
9A. Variation of inadequate claims
9B. Variation of excessive claims
9C. Shipbuilders to furnish returns of costs
9D. Adjustment of claims following returns
9E. Other adjustments of claims
9F. Recovery of repayments
PART IV - ADMINISTRATION
10. Registration of premises
10A. Registration of persons as prescribed shipbuilders
11. Accounts
12. Securities
13. Appointment of authorised persons
14. Stock-taking and inspection of production and accounts etc.
15. Power to require persons to answer questions and produce
documents
16. Power to examine on oath etc.
17. Offences
17A. Time for prosecutions
17B. Recovery of bounty on conviction
PART V - MISCELLANEOUS
18. Return for Parliament
19. Delegation
20. Applications for review
20A. Statement to accompany notice of decisions
21. Appropriation
22. Regulations
BOUNTY (SHIPS) ACT 1980 - LONG TITLE
SECT
An Act to provide for the payment of bounty on the production of
certain ships and other vessels
BOUNTY (SHIPS) ACT 1980 - PART I
PART I - PRELIMINARY
BOUNTY (SHIPS) ACT 1980 - SECT 1
Short title
SECT
1. This Act may be cited as the Bounty (Ships) Act 1980.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (SHIPS) ACT 1980 - SECT 2
Commencement
SECT
2. This Act shall come into operation on 1 July 1980.
BOUNTY (SHIPS) ACT 1980 - SECT 2A
General administration of Act
SECT
2A. The Comptroller-General has the general administration of this Act.
BOUNTY (SHIPS) ACT 1980 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"accounting period", in relation to a shipbuilder, has the meaning given by
section 4B;
"approved form" means a form approved by the Comptroller-General in
writing;
"authorized person" means a person who is an authorized person for the
purposes of this Act by virtue of an appointment under section 13;
"bountiable vessel" means a vessel designed for use in navigation, other
than air navigation, and includes:
(a) a barge, lighter or like vessel;
(b) a floating structure designed for use in the exploration of, or the
exploitation of the natural resources of, any submerged lands;
(c) a dredger; and
(d) a floating dock;
but does not include:
(e) a prescribed air-cushion vehicle; and
(f) a vessel (other than a prescribed air-cushion vehicle) of 150 gross
construction tons or less, not being a fishing vessel the length of which on
the designated load water line exceeds 21 metres;
"bounty" means bounty under this Act;
"Collector" has the same meaning as in the Customs Act 1901;
"Comptroller-General" means the Comptroller-General of Customs;
"fishing operations" include any operations relating to fish or other
animals, including marine organisms, that live in the sea or other waters;
"fishing vessel" means a vessel designed for commercial fishing operations;
"modification", in relation to a vessel, means changing the structure or
specification of the vessel to alter its capacity or capability, but does not
include any changing of that structure or specification before the
construction of the vessel has been completed;
"non-prescribed shipbuilder" means a person in whose name premises are
registered under section 10;
"period to which this Act applies" means the period that commenced on 1 July
1980 and ends on such date as is fixed by the Minister, by notice published in
the Gazette, not being a date earlier than the publication of the notice, as
the date after which bounty is not to become payable under this Act;
"premises" includes an area of waters;
"prescribed air-cushion vehicle" means an air-cushion vehicle, or other
similar craft, that:
(a) is designed to be used wholly or principally on or over land or
wetlands;
(b) not being a fishing vessel, is of a kind that, because of section 13 of
the Shipping Registration Act 1981, is not required to be registered under
section 12 of that Act; or
(c) if it were imported into Australia, would not be a vessel to which
heading 8901, 8902, 8903 or 8906 in Schedule 3 to the Tariff Act would apply;
"prescribed shipbuilder" means a person registered by the Minister under
section 10A;
"registered premises" means premises registered by the Minister under
section 10;
"shipbuilder" means a person who:
(a) carries out the construction or modification of bountiable vessels; or
(b) arranges for the whole of the construction or modification of bountiable
vessels to be carried out on behalf of the person by other persons;
"Tariff Act" means the Customs Tariff Act 1987.
(2) For the purposes of this Act:
(a) the construction of a bountiable vessel shall be taken to have commenced
on the day on which a major unit from which the vessel is constructed was set
up at premises in Australia;
(b) the construction or modification of a bountiable vessel shall be taken
to have been completed on such date as the Comptroller-General determines to
be the date on which that construction or modification was completed;
(c) the number of tons in the gross construction tonnage of a vessel shall
be ascertained in accordance with the formula
Z
2.83,
where Z is a number equal to the number of cubic metres in the total volume,
measured in relation to their moulded lines, of the enclosed spaces in the
vessel, including between-deck spaces, water ballast spaces, voids,
cofferdams, machinery spaces, erections, superstructures, houses, casings,
funnel spaces, mast spaces and, in the case of an air-cushion vehicle, the
area enclosed by the inflatable skirt under normal inflation;
(d) where a part of the construction or modification of a bountiable vessel
is carried out by a person on behalf of a non-prescribed shipbuilder at
premises in Australia - that part of the construction or modification shall be
deemed to have been carried out by the shipbuilder and, if the premises are
not registered under section 10 in the name of the shipbuilder and other
premises are registered under section 10 in the name of the shipbuilder in
respect of all bountiable vessels, the vessel, vessels including the vessel or
a class of vessels in which the vessel is included, to have been carried out
at those other premises; and
(e) the modification of a vessel that, before the modification, was not,
but, after and by reason of the modification, was, a bountiable vessel shall
be taken to be the modification of a bountiable vessel.
(3) For the purposes of this Act, 2 persons are associates of each other if,
and only if:
(a) both being natural persons:
(i) they are connected by a blood relationship or by marriage or
adoption; or
(ii) one of them is an officer or director of a body corporate
controlled, directly or indirectly, by the other;
(b) both being bodies corporate:
(i) both of them are controlled, directly or indirectly, by a third
person (whether or not a body corporate);
(ii) both of them together control, directly or indirectly, a third
body corporate; or
(iii) the same person (whether or not a body corporate) is in a
position to cast, or control the casting of, 5% or more of the maximum number
of votes that might be cast at a general meeting of each of them;
(c) one of them, being a body corporate, is, directly or indirectly,
controlled by the other (whether or not a body corporate);
(d) one of them, being a natural person, is an employee, officer or director
of the other (whether or not a body corporate);
(e) they are members of the same partnership; or
(f) they are trustees or beneficiaries, or one of them is a trustee and the
other is a beneficiary, of the same trust.
(4) Where the Tariff Act is proposed to be altered by a Customs Tariff
alteration proposed in the Parliament in such a way that Schedule 3 to that
Act would be amended, or would be deemed to have been amended, on a particular
day, that Act shall, for the purposes of this Act, be deemed to have been so
amended on that day.
BOUNTY (SHIPS) ACT 1980 - SECT 3A
Effect of amendments of Tariff Act
SECT
3A. (1) Where:
(a) the Tariff Act is amended; and
(b) the amendment results in a vessel of a particular kind ceasing to be a
bountiable vessel;
the construction or modification of a vessel of that kind the construction or
modification of which was commenced before, and completed after, the day on
which the Tariff Act is amended shall, for the purposes of this Act, be deemed
to have been completed on the day immediately preceding that day.
(2) Where:
(a) the Tariff Act is amended;
(b) the amendment results in a vessel of a particular kind ceasing to be a
bountiable vessel; and
(c) the day on which the Tariff Act is amended (in this subsection referred
to as the "operative day") is earlier than:
(i) the day (if any) on which notice of intention to propose a
Customs Tariff alteration by way of that amendment was published in the
Gazette in accordance with section 273EA of the Customs Act 1901;
(ii) the day (if any) on which a Customs Tariff alteration by way of
that amendment was proposed in the Parliament; or
(iii) the day on which the Bill for the Act making that amendment
was introduced into the Parliament;
whichever occurred first;
the construction or modification of a vessel of that kind the construction or
modification of which was:
(d) completed after the operative day and before the day referred to in
subparagraph (c) (i), (ii) or (iii) that occurred first; or
(e) commenced before, and undertaken in pursuance of a firm order placed
before, and completed after, the last-mentioned day;
shall, for the purposes of this Act, be deemed to have been completed on the
day immediately preceding the operative day.
BOUNTY (SHIPS) ACT 1980 - SECT 4
Costs of construction or modification
SECT
4. (1) For the purposes of this Act, the cost of the construction or
modification of a bountiable vessel includes:
(a) factory overhead charges (including rent, hire or leasing costs in
relation to buildings, plant or equipment) apportioned on the basis of a full
accounting period of the shipbuilder; and
(b) expenditure on research and development.
(2) For the purposes of this Act, where, in an accounting period of a
shipbuilder, the shipbuilder receives from the Commonwealth, a State or
Territory or an authority of the Commonwealth or of a State or Territory a
grant in respect of the construction or modification of, research relating to,
or the development of, bountiable vessels of a particular kind, then:
(a) in a case where the shipbuilder is a non-prescribed shipbuilder - the
cost of the construction or modification of bountiable vessels of that kind
constructed or modified, in whole or in part, during the accounting period by
the shipbuilder, being vessels in respect of the construction or modification
of which bounty is payable, shall be reduced by the amount of the grant; or
(b) in a case where the shipbuilder is a prescribed shipbuilder - the cost
of the construction or modification of bountiable vessels of that kind
constructed or modified, in whole or in part, during the accounting period on
behalf of the prescribed shipbuilder, being vessels in respect of the
construction or modification of which bounty is payable, shall be reduced by
the amount of the grant.
(3) For the purposes of this Act, the cost of the construction or
modification of a bountiable vessel does not include:
(a) costs of general administration (other than factory and works
administration), including, where the shipbuilder is a body corporate,
corporate expenses;
(b) selling or service charges;
(c) sales tax in respect of the completed vessel;
(d) tax on income, other than tax on income deducted in respect of the
wages, salaries or other remuneration of employees;
(e) costs incurred after the completion of the construction or modification
of the vessel, other than costs incurred:
(i) in undertaking sea trials required:
(A) to determine the sea-worthiness of the vessel;
(B) under a law of the Commonwealth, of a State or Territory or of
a foreign country; or
(C) by a written contract with the owner of the vessel;
(ii) in rectifying defects notified to the shipbuilder before
delivery of the vessel to the owner; and
(iii) in meeting insurance premiums to cover warranty claims made,
within 12 months after the completion of the construction or modification of
the vessel, in relation to work carried out by the shipbuilder on the vessel
before the completion of the construction or modification of the vessel;
(f) without limiting the generality of paragraph (e), costs incurred in
commissioning the completed vessel for the intended user of the vessel,
whether or not the intended user is the shipbuilder;
(g) the value of perquisites provided to employees of the shipbuilder
(including, where the shipbuilder is a body corporate, staff of the body
corporate) that does not form part of their taxable income;
(h) profits;
(j) bonuses paid out of profits;
(k) costs charged to, or imposed on, the shipbuilder by an associate of the
shipbuilder, other than costs actually incurred by the associate;
(m) interest, other than interest on money that has been borrowed from
another person for the purpose of financing:
(i) bought-in material and stock;
(ii) work in progress;
(iii) research and development; or
(iv) the purchase of machinery, plant, equipment or buildings, being
machinery, plant, equipment or buildings owned by the shipbuilder;
(n) depreciation of buildings, other than depreciation at a rate of 4% per
annum, or, if another rate is prescribed for the purposes of this paragraph,
the other rate, on the historic cost of buildings owned by the shipbuilder;
(p) depreciation of machinery, plant or equipment, other than depreciation
of machinery, plant or equipment owned by the shipbuilder that is depreciation
allowed by the Commissioner of Taxation for the purposes of a law of the
Commonwealth relating to taxation;
(q) losses incurred on the sale or other disposal of machinery, plant,
equipment or buildings;
(r) long service leave, other than provision for such leave;
(s) severance pay, other than severance pay in relation to service during a
period that is within the period to which this Act applies and during which
the shipbuilder was a shipbuilder;
(t) costs incurred in the delivery of the completed vessel;
(u) costs incurred in the supervision of the construction or modification of
the vessel by persons other than the shipbuilder or designer, other than where
the supervision is required under a law of the Commonwealth, of a State or
Territory or of a foreign country;
(v) costs incurred in relation to fuel or lubricating oil, other than in
relation to fuel or lubricating oil required for sea trials of a kind referred
to in paragraph (e) (i);
(w) costs charged to, or imposed on, the shipbuilder by the owner of the
vessel in relation to the ordering by the owner of machinery, plant or
equipment for the vessel;
(x) costs incurred in the provision of machinery, plant or equipment
(including fishing equipment) for the vessel, other than machinery, plant or
equipment (not being reconditioned or used machinery, plant or equipment):
(i) required for the navigation of the vessel;
(ii) with which the vessel is required to be fitted under a law of
the Commonwealth, of a State or Territory or of a foreign country; or
(iii) included in a class of machinery, plant or equipment
prescribed for the purposes of this paragraph;
(y) costs incurred in the provision of stores or other goods for the vessel,
other than stores or other goods:
(i) required under a law of the Commonwealth, of a State or
Territory or of a foreign country to be carried on the vessel; or
(ii) included in a class of stores or other goods prescribed for the
purposes of this paragraph;
(z) performance bonds;
(za) liquidated damages; and
(zb) such other costs as are prescribed.
BOUNTY (SHIPS) ACT 1980 - SECT 4A
Determination of costs of construction or modification
SECT
4A. (1) Where the Comptroller-General:
(a) is unable to verify the cost of the construction or modification of a
bountiable vessel; or
(b) having regard to sound accounting principles, forms the opinion that
costs included in the cost of the construction or modification of a bountiable
vessel:
(i) are incorrect or overestimated;
(ii) are higher than would have been the case if the shipbuilder had
not marginally costed or similarly disproportionately costed the construction
of a vessel in respect of which bounty is not payable;
(iii) have been fixed in order to obtain an increase in bounty;
(iv) are unduly higher than costs incurred by other shipbuilders in
respect of similar vessels;
(v) have been increased as the result of the influence of a
relationship between the shipbuilder and an associate of the shipbuilder; or
(vi) are higher than would have been the case if the shipbuilder had
provided services that were provided, and charged for, by an associate of the
shipbuilder;
the Comptroller-General may, in writing, determine the cost that is, for the
purposes of this Act, to be taken to be the cost of the construction or
modification of the vessel.
(2) In making a determination under subsection (1) in relation to a
bountiable vessel, the Comptroller-General may disregard any costs charged to,
or imposed on, the shipbuilder by an associate of the shipbuilder unless the
costs were actually incurred by the associate.
BOUNTY (SHIPS) ACT 1980 - SECT 4B
Accounting periods
SECT
4B. (1) Subject to subsections (2) and (3), each financial year is an
accounting period of a shipbuilder.
(2) A shipbuilder may, within 3 months after the Bounty (Ships) Amendment
Act 1985 receives the Royal Assent or becoming or again becoming a
shipbuilder, whichever last occurs, notify the Comptroller-General, in
writing, that the shipbuilder wishes each period of 12 months commencing on a
specified day in a specified month to be an accounting period of the
shipbuilder and, subject to subsection (3), where the shipbuilder does so,
each such period is an accounting period of the shipbuilder.
(3) Where:
(a) a shipbuilder has accounting periods of 12 months by virtue of
subsection (1) or (2) or a previous application of this subsection; and
(b) it becomes necessary or convenient that other periods (in this
subsection referred to as the "new periods"), being periods of 12 months in
respect of which annual accounting reports of the shipbuilder are required to
be prepared for the purposes of another law of the Commonwealth or of a law of
a State or Territory, should, in future, be the accounting periods of the
shipbuilder;
the shipbuilder may notify the Comptroller-General, in writing, that the
shipbuilder wishes the new periods to be the accounting periods of the
shipbuilder (being a notification describing the new periods by specifying the
day and month of their commencement and setting out the reasons for the change
of accounting periods) and, where the shipbuilder does so:
(c) the accounting period of the shipbuilder in which commences the earliest
of the new periods that commences after the notification shall cease to be an
accounting period of the shipbuilder and the period commencing on the first
day of that former accounting period and ending on the day immediately
preceding that earliest of the new periods shall be an accounting period of
the shipbuilder; and
(d) after the end of the accounting period prescribed by paragraph (c), the
new periods shall be the accounting periods of the shipbuilder.
BOUNTY (SHIPS) ACT 1980 - SECT 5
Uniformity
SECT
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.
BOUNTY (SHIPS) ACT 1980 - PART II
PART II - BOUNTY
BOUNTY (SHIPS) ACT 1980 - SECT 6
Specification of bounty
SECT
6. (1) Bounty is payable in accordance with this Act on the production, that
is to say, the construction or modification, in Australia of bountiable
vessels.
(2) Bounty in respect of the construction or modification of a bountiable
vessel is payable to:
(a) in a case where a non-prescribed shipbuilder carries out the whole of
the construction or modification of the vessel - the non-prescribed
shipbuilder;
(b) in a case where a prescribed shipbuilder arranges for the whole of the
construction or modification of the vessel to be carried out on behalf of the
prescribed shipbuilder by other persons - the prescribed shipbuilder; or
(c) in any other case - the persons (being non-prescribed shipbuilders) who
carry out part of the construction or modification of the vessel, in such
proportions as the Comptroller-General determines in writing.
(3) A shipbuilder is not entitled to receive bounty in respect of the
construction or modification of a bountiable vessel unless the construction or
modification is commenced during the period to which this Act applies.
(3A) A non-prescribed shipbuilder is not entitled to receive bounty in
respect of the construction or modification of a vessel unless the
construction or modification of the vessel is carried out, in whole or in
part, by the shipbuilder and is so carried out:
(a) at premises registered under section 10 in the name of the shipbuilder
in respect of all bountiable vessels, the vessel, vessels including the vessel
or a class of vessels in which the vessel is included; and
(b) during a period during which the premises are so registered.
(3B) A person who is a prescribed shipbuilder is not entitled to receive
bounty in respect of the construction or modification of a vessel unless:
(a) the person is registered under section 10A as a prescribed shipbuilder
in respect of all bountiable vessels, the vessel, vessels including the vessel
or a class of vessels in which the vessel is included;
(b) the whole of the construction or modification of the vessel is carried
out during a period which the person is so registered; and
(c) the person arranges for the whole of the construction or modification of
the vessel to be carried out on behalf of the person by other persons at
premises in Australia.
(3BA) Bounty is not payable in respect of the construction or modification
of a bountiable vessel the construction or modification of which, as the case
may be, is completed after 1 July 1986 unless the amount of bounty is
reserved, in accordance with the regulations referred to in subsection 6B (2),
in relation to the vessel.
(3BB) Bounty is not payable to a shipbuilder in respect of the construction
or modification of a vessel the construction or modification of which, as the
case may be, is completed after 1 July 1986 unless:
(a) the construction or modification of the vessel is carried out pursuant
to a contract between the shipbuilder and another person and the shipbuilder
is not the owner of the vessel; or
(b) the vessel was under construction or being modified, as the case may be,
on 28 August 1986.
(3C) Bounty is not payable in respect of a bountiable vessel constructed or
modified by or for the Commonwealth or an authority of the Commonwealth
(including an educational institution established by the Commonwealth).
(4) Bounty is not payable in respect of the modification of a vessel unless
the cost of that modification exceeds $400,000.
(5) Bounty is not payable in respect of the construction or modification of
a bountiable vessel if bounty under the Ship Construction Bounty Act 1975 is
payable in respect of that construction or modification.
BOUNTY (SHIPS) ACT 1980 - SECT 6A
Limit of available bounty in respect of vessels constructed or modified
for export
SECT
6A. (1) The amount available for payment of bounty in respect of the
construction or modification of bountiable vessels, being vessels that are, at
the time of the completion of the construction or modification of the vessels,
intended by the owners of the vessels to be exported from Australia, is:
(a) in relation to the period commencing on 10 December 1984 and ending on
30 June 1985 - $6,000,000; and
(b) in relation to the financial year commencing on 1 July 1985 -
$10,000,000.
(2) If the Comptroller-General is of the opinion, in relation to a period
referred to in subsection (1), that the amount (in this subsection referred to
as the "relevant amount") available for payment of bounty in respect of the
construction or modification of bountiable vessels of the kind referred to in
subsection (1) will be or is insufficient to meet all valid claims for bounty
in respect of the vessels, amounts of bounty in respect of the claims shall,
subject to the regulations, be approved for payment in such order as is
determined by the Comptroller-General in writing and, when the aggregate of
the amounts of bounty approved for payment in respect of the vessels equals
the relevant amount, no further amounts of bounty are payable in respect of
the vessels.
(3) Without limiting the generality of subsection (2), regulations made for
the purposes of that subsection may make provision for and in relation to:
(a) the reservation of amounts available, in relation to a period referred
to in subsection (1), for payment of bounty in respect of the construction or
modification of bountiable vessels of the kind referred to in that
subsection;
(b) amounts in respect of amounts of bounty so reserved to be approved for
payment before any other amounts of bounty are approved for payment; and
(c) deeming the construction or modification of vessels that are completed
outside such a period to have been completed within such a period.
BOUNTY (SHIPS) ACT 1980 - SECT 6B
Limit of available bounty in respect of vessels constructed or modified
during certain period
SECT
6B. (1) The amount available for payment of bounty or advances in respect of
the construction or modification of bountiable vessels the construction or
modification of which, as the case may be, is completed during the period
commencing on 1 July 1986 and ending on 30 June 1989 is:
(a) in relation to the financial year commencing on 1 July 1986 -
$42,000,000;
(b) in relation to the financial year commencing on 1 July 1987 -
$45,000,000;
(c) in relation to the financial year commencing on 1 July 1988 -
$45,000,000; and
(d) in relation to the period commencing on 1 July 1989 and ending on 30
June 1991 - an amount equal to the difference between $144,000,000 and the sum
of the amounts of bounty or advances paid in the financial years referred to
in paragraphs (a), (b) and (c).
(2) The regulations (in this section referred to as the "reservation
regulations") shall make provision for and in relation to the reservation of
amounts available, for payment of bounty in respect of the construction or
modification of bountiable vessels to which subsection (1) applies.
(3) Amounts may be reserved in accordance with the reservation regulations
notwithstanding that at the time the application for the reservation is dealt
with, funds are not available for the payment of bounty or of advances or that
the sum of the amounts reserved exceeds $144,000,000.
(4) Notwithstanding any other provision of this Act, if the
Comptroller-General is of the opinion that the amount available in a financial
year referred to in subsection (1) for payment of bounty and advances will be
insufficient to meet all valid claims for the payment of bounty or advances in
that year, the Comptroller-General may, subject to the regulations:
(a) defer the making of such payments of bounty as the Comptroller-General
considers appropriate; and
(b) make payments of bounty in such order as the Comptroller-General
considers appropriate.
(5) If the Comptroller-General is of the opinion, in relation to the period
referred to in paragraph (1) (d), that the amount (in this subsection referred
to as the "relevant amount") available for payment of bounty in respect of the
construction or modification of bountiable vessels to which subsection (1)
applies will be or is insufficient to meet all valid claims for bounty in
respect of the vessels, amounts of bounty in respect of the claims shall,
subject to the regulations, be approved for payment in such order as is
determined by the Comptroller-General in writing and, when the aggregate of
the amounts of bounty approved for payment in respect of the vessels equals
the relevant amount, no further amounts of bounty are payable in respect of
the vessels.
(6) The regulations may make provision for and in relation to deeming the
construction or modification of vessels the construction or modification of
which is completed outside a financial year referred to in subsection (1) to
have been completed within such a year.
(7) Notwithstanding any other provision of this Act, if money is not
appropriated by the Parliament for the purpose of the payment of bounty in a
period referred to in subsection (1), a person is not entitled to be paid
bounty in that period.
(8) In this section, "advance" means an advance on account of bounty under
section 8.
BOUNTY (SHIPS) ACT 1980 - SECT 7
Rate of bounty
SECT
7. (1) The bounty in respect of the construction of a bountiable vessel is
an amount equal to:
(a) where construction is commenced during the period of 6 months commencing
on 1 July 1980 and the vessel is of more than 1,000 gross construction tons -
29% of the cost of that construction;
(b) where construction is commenced during that period of 6 months and the
vessel is not more than 1,000 gross construction tons - 27% of the cost of
that construction;
(c) where construction is commenced during the period commencing on 1
January 1981 and ending on 30 June 1984 - 27% of the cost of that
construction;
(d) where construction is commenced during the period of 12 months
commencing 1 July 1984 - 25% of the cost of that construction;
(e) where the construction is commenced during the period of 12 months
commencing on 1 July 1985 - 22% of the cost of that construction;
(f) where construction is commenced during the period commencing on 1 July
1986 and ending on 31 December 1987 - 20% of the cost of that construction;
and
(g) where construction is commenced during the period commencing on 1
January 1988 and ending on 30 June 1989:
(i) in the case of a prescribed bountiable vessel - 20% of the cost
of that construction; or
(ii) in the case of a bountiable vessel other than a prescribed
bountiable vessel - 15% of the cost of that construction.
(2) The bounty in respect of the modification of a bountiable vessel is an
amount equal to 20% of the cost of that modification.
BOUNTY (SHIPS) ACT 1980 - PART III
PART III - PAYMENT OF BOUNTY
BOUNTY (SHIPS) ACT 1980 - SECT 8
Advances on account of bounty
SECT
8. (1) An advance on account of bounty may be made to a person on such terms
and conditions, including terms and conditions relating to the insurance of
the vessel, as are approved by the Comptroller-General in writing.
(2) If a person receives by way of advances on account of bounty in respect
of the construction or modification of a vessel an amount greater than the
amount of bounty payable to him in respect of that construction or
modification, he 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
and the bounty does not become payable, he is liable to repay to the
Commonwealth the amount so received.
BOUNTY (SHIPS) ACT 1980 - SECT 9
Claims for payment of bounty
SECT
9. (1) A person who claims to be entitled to be paid an amount of bounty in
respect of the construction or modification of a bountiable vessel may lodge a
claim for payment of the amount.
(2) The claim 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 the form; and
(d) be lodged with:
(i) the Collector for the State or Territory in which the
construction or modification of the vessel was completed; or
(ii) if there is no such Collector, the Comptroller-General;
within 6 months after the completion of the construction or modification of
the vessel.
(3) As soon as practicable after the lodgment of the claim, but subject to
subsection 6A (2) and section 6B, the Comptroller-General shall, after
examining the claim and causing such enquiries as the Comptroller-General
considers necessary to be made (including inquiries under sections 14 and
15):
(a) in a case where the Comptroller-General 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 amount of bounty
in respect of the vessel - approve, in writing, payment of the amount; or
(b) in any other case - refuse, in writing, to approve payment of bounty in
respect of the vessel.
(4) Where the Comptroller-General makes a decision under subsection (3) in
relation to a claim, not being a decision made within 30 days after the
lodging of the claim and approving payment of the amount of bounty claimed,
the Comptroller-General shall cause to be served on the person who lodged the
claim a notice in writing setting out the decision.
BOUNTY (SHIPS) ACT 1980 - SECT 9A
Variation of inadequate claims
SECT
9A. (1) Where a person who has lodged a claim under section 9 in respect of
a bountiable vessel (whether or not the claim has been dealt with under
subsection 9 (3)) considers that the claim was, by reason of an inadvertent
error, a claim for an amount of bounty in respect of the vessel that was less
than the amount of bounty that the person was entitled to claim in respect of
the vessel, the person may lodge a claim for payment of the difference between
the 2 amounts.
(2) The claim 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 the form; and
(d) be lodged with:
(i) the Collector for the State or Territory in which the
construction or modification of the bountiable vessel was completed; or
(ii) if there is no such Collector, the Comptroller-General;
within 6 months after the completion of the construction or modification of
the vessel.
(3) Where a claim under subsection (1) relates to a claim under section 9
that has not been dealt with under subsection 9 (3), the 2 claims shall be
dealt with under subsection 9 (3) as if they were the one claim under section
9.
(4) As soon as practicable after the lodgment under subsection (1) of a
claim to which subsection (3) does not apply, but subject to subsection 6A (2)
and section 6B, the Comptroller-General shall, after examining the claim and
causing such inquiries as the Comptroller-General considers necessary to be
made (including inquiries under sections 14 and 15):
(a) in a case where the Comptroller-General 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 the bountiable vessel to which the claim relates -
approve, in writing, payment of the additional amount; or
(b) in any other case - refuse, in writing, to approve payment of an
additional amount of bounty in respect of the bountiable vessel to which the
claim relates.
(5) Where the Comptroller-General makes a decision under subsection (4) in
relation to a claim, not being a decision made within 30 days after the
lodging of the claim and approving payment of the additional amount claimed,
the Comptroller-General shall cause to be served on the person who lodged the
claim a notice in writing setting out the decision.
BOUNTY (SHIPS) ACT 1980 - SECT 9B
Variation of excessive claims
SECT
9B. (1) Where a person who has lodged a claim under section 9 in respect of
a bountiable vessel (whether or not the claim has been dealt with under
subsection 9 (3)) becomes aware that the claim is, by reason of an inadvertent
error, a claim for an amount of bounty that exceeds by more than $100 the
amount of bounty that the person was entitled to claim in respect of the
vessel, the person shall, within 28 days after discovering the error, lodge an
acknowledgment of the error, being an acknowledgment that complies with
subsection (2), with:
(a) the Collector for the State or Territory in which the construction or
modification of the vessel was completed; or
(b) if there is no such Collector, the Comptroller-General.
Penalty: $1,000.
(2) An acknowledgment under subsection (1) 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; and
(c) be signed and witnessed as required by the form.
(3) Where an acknowledgment under subsection (1) relates to a claim under
section 9 that has not been dealt with under subsection 9 (3), the claim shall
be dealt with under subsection 9 (3) as if it had been amended in accordance
with the acknowledgment.
(4) Where the Comptroller-General, after examining an acknowledgment under
subsection (1) to which subsection (3) does not apply and causing such
inquiries as the Comptroller-General considers necessary to be made (including
inquiries under sections 14 and 15), is satisfies that there has been an
overpayment of a claim by more than $100, the Comptroller-General shall cause
to be served on the person who lodged the claim a demand for the repayment of
the amount of the overpayment, and the person is liable to repay that amount
to the Commonwealth.
BOUNTY (SHIPS) ACT 1980 - SECT 9C
Shipbuilders to furnish returns of costs
SECT
9C. (1) A shipbuilder shall, within 6 months after the end of each
accounting period of the shipbuilder that falls, or part of which falls,
within the period to which this Act applies, lodge a return setting out
particulars of the cost incurred by the shipbuilder in the accounting period
in relation to the construction or modification of bountiable vessels, being a
return that complies with subsection (2), with:
(a) the Collector for:
(i) the State or Territory in which the construction or modification
of the bountiable vessels was completed; or
(ii) a State or Territory in which the construction or modification
of one or some of the bountiable vessels was completed;
as the case requires; or
(b) if there is no such Collector, the Comptroller-General.
(2) A return under subsection (1) 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; and
(c) be signed and witnessed as required by the form.
(3) The Comptroller-General may, by notice in writing served on the
shipbuilder, require the shipbuilder to lodge with the Comptroller-General,
within the period specified in the notice (not being a period of less than one
month), a certificate, signed by a qualified accountant approved by the
Comptroller-General in writing for the purpose, to the effect that the
particulars set out in the return are correct.
(4) Without limiting the generality of subsection (3), the
Comptroller-General, in considering whether the shipbuilder should be required
to furnish a certificate under that subsection, shall have regard to:
(a) the extent of the claims for bounty made by the shipbuilder in the
relevant account period of the shipbuilder;
(b) the expense involved in obtaining the certificate; and
(c) the relativity of those claims with that expense.
(5) The Comptroller-General shall not refuse to approve a qualified
accountant for the purposes of subsection (3) unless the Comptroller-General
is satisfied that it is not appropriate to approve the accountant because of
an association between the accountant and the shipbuilder or an associate of
the shipbuilder.
(6) A shipbuilder shall not:
(a) refuse or fail to comply with subsection (1) to the extent that the
shipbuilder is capable of complying with that subsection; or
(b) refuse or fail to comply with a notice under subsection (3) to the
extent that the shipbuilder is capable of complying with the notice.
Penalty: $1,000.
(7) A shipbuilder shall not:
(a) lodge a return under subsection (1) that is, to the knowledge of the
shipbuilder, false or misleading in a material particular; or
(b) lodge a certificate, being a certificate lodged pursuant to a notice
under subsection (3), that is, to the knowledge of the shipbuilder, false or
misleading in a material particular.
Penalty for contravention of this subsection: $1,000 or imprisonment for 6
months, or both.
BOUNTY (SHIPS) ACT 1980 - SECT 9D
Adjustment of claims following returns
SECT
9D. (1) Where the particulars of cost set out in a return under section 9C
in relation to an accounting period of a shipbuilder show a difference between
that cost and a cost, or an estimate of cost, on which claims for bounty
lodged in respect of that period by the shipbuilder were based, not being a
cost determined under section 4A, the shipbuilder shall lodge with the return
a statement in respect of the difference, being a statement that complies with
subsection (2).
Penalty: $1,000.
(2) The statement shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is required by the form; and
(c) be signed and witnessed as required by the form.
(3) Where a statement under subsection (1) is lodged by a shipbuilder in
relation to an accounting period of the shipbuilder, the Comptroller-General
shall, after examining the statement and causing such inquiries as the
Comptroller-General considers necessary to be made (including inquiries under
sections 14 and 15):
(a) in a case where the Comptroller-General is satisfied that the statement
complies with subsection (2) and that the shipbuilder is entitled to be paid
an additional amount of bounty in respect of the construction or modification
of bountiable vessels for which claims for bounty were lodged in respect of
the accounting period - approve, in writing, payment of the additional
amount;
(b) in a case where the Comptroller-General is satisfied that there has been
an overpayment of bounty by more than $100 in respect of claims lodged by the
shipbuilder in respect of the accounting period - cause to be served on the
shipbuilder a demand for the repayment of the amount of the overpayment, and
the shipbuilder is liable to repay that amount to the Commonwealth; or
(c) in any other case - refuse, in writing, to adjust payments of bounty
made in respect of claims lodged by the shipbuilder in respect of the
accounting period.
(4) Where the Comptroller-General makes a decision under subsection (3) in
relation to a statement under subsection (1), the Comptroller-General shall
cause to be served on the shipbuilder who lodged the statement a notice in
writing setting out the decision.
BOUNTY (SHIPS) ACT 1980 - SECT 9E
Other adjustments of claims
SECT
9E. If the Comptroller-General becomes satisfied, otherwise than after
examining:
(a) an acknowledgment under subsection 9B (1); or
(b) a statement under subsection 9D (1);
that there has been an overpayment of a claim for bounty by more than $100,
the Comptroller-General shall cause to be served on the shipbuilder who lodged
the claim a demand for repayment of the amount of the overpayment, and the
shipbuilder is liable to repay the amount to the Commonwealth.
BOUNTY (SHIPS) ACT 1980 - SECT 9F
Recovery of repayments
SECT
9F. (1) Where a shipbuilder is liable to repay an amount to the Commonwealth
under section 8, 9B, 9D or 9E, the Commonwealth may, by action in a court of
competent jurisdiction, recover the amount as a debt due to the Commonwealth.
(2) Where a shipbuilder is liable to repay an amount to the Commonwealth
under section 8, 9B, 9D or 9E, the amount may be deducted from any other
amount payable to the person under this Act and, where the first-mentioned
amount is so deducted, the first-mentioned amount shall be taken to be reduced
by the amount so deducted and the other amount shall, notwithstanding the
deduction, be taken to have been paid in full to the person.
BOUNTY (SHIPS) ACT 1980 - PART IV
PART IV - ADMINISTRATION
BOUNTY (SHIPS) ACT 1980 - SECT 10
Registration of premises
SECT
10. (1) Subject to this section, premises may be registered under this
section for the purposes of this Act.
(2) An application for the registration of premises under this section may
be made to the Minister, in accordance with the appropriate approved form, by
a person who carries out, or proposes to carry out, the construction or
modification of bountiable vessels at the premises.
(3) Subject to subsections (7), (9), (10) and (11), where an application for
the registration of premises is made under subsection (2) by a person who, in
the opinion of the Minister, carries out, or proposes to carry out, the
construction or modification of bountiable vessels at the premises, the
Minister shall:
(a) register the premises in the name of the person by:
(i) signing a notice, in writing, specifying the day on which it was
signed and stating that the premises have been registered under this section;
and
(ii) causing the notice to be served on the person; or
(b) refuse to register the premises and cause a notice, in writing, stating
that the Minister has refused to register the premises to be served on the
person.
(4) The registration of premises under this section has effect from:
(a) the day on which the notice under paragraph (3) (a) in relation to the
premises is signed; or
(b) such earlier day, not being a day earlier than 10 December 1984, as is
specified for the purpose in the notice.
(5) A notice under subsection (3) in relation to premises shall specify
whether the premises are registered under this section in relation to:
(a) all bountiable vessels;
(b) a specified bountiable vessel or specified bountiable vessels; or
(c) a specified class, or specified classes, of bountiable vessels;
and may specify a period as the period during which the premises are
registered under this section.
(6) The regulations may prescribe conditions to be met by an applicant for
the registration of premises under this section in the name of the person,
including, without limiting the generality of the foregoing, a condition
requiring an applicant to be a person of a specified kind.
(7) If conditions have been prescribed for the purposes of subsection (6),
the Minister shall not register premises under this section in the name of the
person unless:
(a) the Minister is satisfied that the conditions are, or will be, met by
the person; or
(b) registration of premises in the name of the person is otherwise
permitted under the regulations.
(8) The regulations may prescribe conditions to be complied with in
connection with the construction or modification of bountiable vessels at
registered premises.
(9) If conditions have been prescribed for the purposes of subsection (8),
the Minister shall not register premises under this section unless:
(a) the Minister is satisfied that the conditions have been, or will be,
complied with in relation to the premises; or
(b) registration of the premises is otherwise permitted under the
regulations.
(10) The Minister may require an applicant for the registration of premises
under this section 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 the satisfaction of the Minister.
(11) Where an application is made for the registration of premises under
this section, the Minister shall refuse to register the premises unless, in
the opinion of the Minister, the registration of the premises will permit the
orderly development in Australia of the industry of constructing and modifying
bountiable vessels.
(12) Subject to subsection (13), where:
(a) premises are registered under this section; and
(b) the person in whose name the premises are registered and a person (in
this subsection and subsection (13) referred to as the "transferee") who
carries out, or proposes to carry out, the construction or modification of
bountiable vessels at the premises make a joint application, in writing, to
the Minister for the transfer of the registration of the premises to the name
of the transferee;
the Minister shall transfer the registration of the premises to the name of
the transferee by causing a notice, in writing, stating that the registration
has been so transferred to be served on the transferee.
(13) If conditions have been prescribed for the purposes of subsection (6),
the Minister shall not transfer the registration of the premises to the name
of the transferee unless the Minister is satisfied that, if the transferee
were an applicant for the registration of the premises under this section, the
Minister would be authorized to register the premises in the name of the
transferee.
(14) A transfer under subsection (12) has effect from such day as is
specified in the notice under that subsection in relation to the transfer,
being a day not earlier than 10 December 1984 or 6 months before the day on
which the application for the transfer was made, whichever last occurs.
(15) Where, at any time, the Minister becomes satisfied, in respect of
premises registered under this section:
(a) that bountiable vessels are not being constructed or modified at those
premises;
(b) in a case where the premises are registered in relation to a particular
vessel, particular vessels or a class of vessels - that vessel, one or more of
those vessels or a vessel included in that class of vessels, as the case may
be, is or are not being constructed or modified at those premises;
(c) that the construction or modification of bountiable vessels at those
premises is being carried out by a person other than the person in whose name
the premises are registered;
(d) in a case where conditions have been prescribed for the purposes of
subsection (6) - that, if the person in whose name the premises are registered
were, at that time, an applicant for the registration of the premises under
this section, the Minister would not be authorized to register premises under
this section in the name of the person; or
(e) in a case where conditions have been prescribed for the purposes of
subsection (8) - if the person in whose name the premises are registered were,
at that time, an applicant for the registration of the premises under this
section, the Minister would not be authorized to register the premises under
this section in the name of the person;
the Minister may cancel the registration of the premises by causing a notice,
in writing, stating that the registration of the premises has been cancelled
to be served on:
(f) the occupier of those premises; and
(g) if the occupier is not the person in whose name the premises are
registered, the person in whose name the premises are registered.
(16) For the purpose of the application of section 29 of the Acts
Interpretation Act 1901 to the service on a person by post of a notice under
this section in relation to premises, such a notice posted as a letter
addressed to the person at the premises shall be deemed to be properly
addressed.
BOUNTY (SHIPS) ACT 1980 - SECT 10A
Registration of persons as prescribed shipbuilders
SECT
10A. (1) Subject to this section, a person may be registered under this
section as a prescribed shipbuilder for the purposes of this Act.
(2) An application for registration under this section as a prescribed
shipbuilder may be made to the Minister, in accordance with the appropriate
approved form, by a person who arranges, or proposes to arrange, for the whole
of the construction or modification of bountiable vessels to be carried out on
behalf of the person by other persons at premises in Australia.
(3) Subject to subsections (7), (9), (10) and (11), where an application for
registration as a prescribed shipbuilder is made under subsection (2) by a
person (in this subsection referred to as the "applicant") who, in the opinion
of the Minister, arranges for the whole of the construction or modification of
bountiable vessels to be carried out on behalf of the applicant by other
persons at premises in Australia, the Minister shall:
(a) register the applicant as a prescribed shipbuilder by:
(i) signing a notice, in writing, specifying the day on which it was
signed and stating that the applicant has been registered as a prescribed
shipbuilder; and
(ii) causing the notice to be served on the applicant; or
(b) refuse to register the applicant as a prescribed shipbuilder and cause a
notice, in writing, stating that the Minister has refused to register the
applicant as a prescribed shipbuilder to be served on the applicant.
(4) The registration of a person under this section has effect from:
(a) the day on which the notice under paragraph (3) (a) in relation to the
person is signed; or
(b) such earlier day, not being a day earlier than 10 December 1984, as is
specified for the purpose in the notice.
(5) A notice under subsection (3) in relation to a person shall specify
whether the person is registered under this section in relation to:
(a) all bountiable vessels;
(b) a specified bountiable vessel or specified bountiable vessels; or
(c) a specified class, or specified classes, of bountiable vessels;
and may specify a period as the period during which the person is registered
under this section.
(6) The regulations may prescribe conditions to be met by an applicant for
the registration of the person under this section, including, without limiting
the generality of the foregoing, a condition requiring the applicant to be a
person of a specified kind.
(7) If conditions have been prescribed for the purposes of subsection (6),
the Minister shall not register the person under this section unless:
(a) the Minister is satisfied that the conditions are, or will be, met by
the person; or
(b) registration of the person is otherwise permitted under the regulations.
(8) The regulations may prescribe conditions to be complied with in
connection with the construction or modification of bountiable vessels
arranged by a prescribed shipbuilder.
(9) If conditions have been prescribed for the purposes of subsection (8),
the Minister shall not register a person under this section unless:
(a) the Minister is satisfied that the conditions have been, or will be,
complied with by the person; or
(b) registration of the person is otherwise permitted under the regulations.
(10) The Minister may require an applicant for registration under this
section to furnish such information as the Minister considers necessary for
the purposes of this Act and may refuse to register the person until the
information is furnished to the satisfaction of the Minister.
(11) Where an application is made for the registration of a person under
this section, the Minister shall refuse to register the person unless, in the
opinion of the Minister, the registration of the person will permit the
orderly development in Australia of the industry of constructing and modifying
bountiable vessels.
(12) Where, at any time, the Minister becomes satisfied, in respect of a
person registered under this section:
(a) that the person no longer arranges for the whole of the construction or
modification of bountiable vessels to be carried out on behalf of the person
by other persons at premises in Australia;
(b) in a case where the person is registered in relation to a particular
vessel, particular vessels or a class of vessels - that vessel, one or more of
those vessels or a vessel included in that class of vessels, as the case may
be, is or are not being constructed or modified on behalf of the person by
other persons at premises in Australia; or
(c) in a case where conditions have been prescribed for the purposes of
subsection (6) or (8) - that, if the person were, at that time, an applicant
for registration under this section, the Minister would not be authorized to
register the person under this section;
the Minister may cancel the registration of the person by causing a notice, in
writing, stating that the registration of the person has been cancelled to be
served on the person.
BOUNTY (SHIPS) ACT 1980 - SECT 11
Accounts
SECT
11. (1) A person is not entitled to bounty unless:
(a) the person keeps, in writing in the English language, such accounts,
books, documents and other records as correctly record and explain:
(i) such particulars in relation to the construction and
modification (including the cost of the construction and modification) of
bountiable vessels in respect of which bounty is, or may become, payable to
the person as are specified by the Comptroller-General by notice published in
the Gazette; and
(ii) such other particulars (if any) in relation to those vessels as
are specified by the Comptroller-General by notice in writing served on the
person; and
(b) the person retains those accounts, books, documents and other records
for at least 3 years after the completion of the construction or modification,
as the case may be, of those vessels.
(2) For the purposes of this section, accounts, books, documents or other
records shall be taken to be kept in writing in the English language if they
are kept in a form in which they are readily accessible and readily
convertible into writing in the English language.
BOUNTY (SHIPS) ACT 1980 - SECT 12
Securities
SECT
12. The Comptroller-General may, by notice in writing served on a person to
whom bounty could become payable, require the person to give security, in an
amount determined by the Comptroller-General, by bond, guarantee or cash
deposit, or by all or any of those methods, for compliance by the person with
the provisions of this Act and the regulations, or for the purpose of an
undertaking given by the person for the purposes of this Act or the
regulations, and, where a person is so required to give security, the person
is not entitled to bounty, or an advance on account of bounty, unless the
person gives security in accordance with the requirement.
BOUNTY (SHIPS) ACT 1980 - SECT 13
Appointment of authorised persons
SECT
13. (1) The Comptroller-General may, by writing signed by him or her,
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 authorised person, or authorised persons, for the purposes of this
Act.
(2) In subsection (1), "officer" means an Officer of Customs within the
meaning of the Customs Act 1901.
BOUNTY (SHIPS) ACT 1980 - SECT 14
Stock-taking and inspection of production and accounts etc.
SECT
14. (1) For the purposes of this Act, an authorized person may, at all
reasonable times, enter:
(a) registered premises;
(b) premises where there are bountiable vessels in respect of which bounty
has been claimed, or, in the opinion of the authorized person, is likely to be
claimed; or
(ba) premises where there are kept any accounts, books, documents or other
records relating to the construction or modification (including the cost of
construction or modification) of any bountiable vessel;
and may:
(c) inspect any bountiable vessel;
(d) inspect any process in the construction or modification of any
bountiable vessel; and
(e) inspect the accounts, books, documents and other records relating to the
construction or modification of any bountiable vessel;
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), shall provide the authorized person with all
reasonable facilities and assistance for the effective exercise of his powers
under this section.
Penalty: $500.
BOUNTY (SHIPS) ACT 1980 - SECT 15
Power to require persons to answer questions and produce documents
SECT
15. (1) The Comptroller-General, a Collector or an authorized person may, by
notice signed by him, require a person whom he believes on reasonable grounds
to be capable of giving information relevant to the operation of this Act in
relation to the construction or modification (including the cost of the
construction or modification) of a bountiable vessel 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 construction or modification (including the cost of the
construction or modification) of a bountiable vessel as are referred to in the
notice.
(1A) A notice under subsection (1) requiring a person to produce an account,
book, document or record shall set out the effect of subsection (1B).
(1B) A person who, pursuant to a notice under subsection (1), produces an
account, book, document or record kept, made or prepared by another person
that, to the knowledge of the first-mentioned person, is false or misleading
in a material particular shall, upon so producing the account, book, document
or record, give to the person to whom the first-mentioned person is required
to produce the account, book, document or record, a statement in writing
signed by the first-mentioned person or, in the case of a body corporate, by a
competent officer of the body corporate:
(a) stating that the account, book, document or record is, to the knowledge
of the first-mentioned person, false or misleading in a material particular;
and
(b) setting out, or referring to, the material particular in respect of
which the account, book, document or record is, to the knowledge of the
first-mentioned person, false or misleading.
Penalty: $1,000 or imprisonment for 6 months, or both.
(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 the answer of the person to any such
question, or the production by the person of any such account, book, document
or other record, is not admissible in evidence against the person in criminal
proceedings other than proceedings under, or arising out of or by virtue of,
subsection (1B) or paragraph 17 (3) (a).
(4) Where a shipbuilder, or a person employed by a shipbuilder, 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 shipbuilder, unless the Comptroller-General otherwise directs
in writing, until the shipbuilder or that person has attended, answered the
question or produced the account, book, document or other record, as the case
may be.
BOUNTY (SHIPS) ACT 1980 - SECT 16
Power to examine on oath etc.
SECT
16. (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 15 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.
BOUNTY (SHIPS) ACT 1980 - SECT 17
Offences
SECT
17. (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 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.
(2) A person shall not knowingly obtain bounty that is not payable.
Penalty: $2,000 or imprisonment for 12 months, or both.
(3) A person shall not:
(a) make to an authorized person or other person exercising a power, or
performing a function or duty, in relation to this Act a statement, either
orally or in writing, that is to the knowledge of the person false or
misleading in a material particular; or
(b) present (otherwise than pursuant to subsection 15 (1)) to an authorized
person or other person exercising a power, or performing a function or duty,
in relation to this Act an account, book, document or other record that is to
the knowledge of the person false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(4) A person shall not be convicted of an offence against or arising out of
subsection (2) and an offence against or arising out of subsection 9B (1), or
an offence against or arising out of subsection (2) and an offence against or
arising out of subsection (3), in respect of the same claim for bounty.
(5) A reference in subsection (4) to a person being convicted of an offence
includes a reference to an order being made under section 19B of the Crimes
Act 1914 in relation to a person in respect of an offence.
(6) In this section, "bounty" includes an advance on account of bounty under
section 8.
BOUNTY (SHIPS) ACT 1980 - SECT 17A
Time for prosecutions
SECT
17A. A prosecution for an offence against this Act may be commenced at any
time within 3 years after the commission of the offence.
BOUNTY (SHIPS) ACT 1980 - SECT 17B
Recovery of bounty on conviction
SECT
17B. (1) Where a person is convicted before a court of an offence against
subsection 9B (1) or 17 (2) or (3), the court may, in addition to imposing a
penalty on the person, order the person to pay to the Commonwealth an amount
not exceeding the amount of bounty wrongfully obtained by the person.
(2) Where:
(a) under subsection (1), a court orders a person to pay an amount to the
Commonwealth; and
(b) the court has civil jurisdiction to the extent of the amount;
the order is enforceable in all respects as a final judgment of the court in
favour of the Commonwealth.
(3) Where:
(a) under subsection (1), a court orders a person to pay an amount to the
Commonwealth; and
(b) the court:
(i) does not have civil jurisdiction; or
(ii) has civil jurisdiction, but:
(A) does not have civil jurisdiction to the extent of the amount;
or
(B) it is more appropriate for the order to be enforceable as a
final judgment of another court;
the proper officer of the court shall issue to the Comptroller-General a
certificate in the prescribed form containing the prescribed particulars.
(4) The certificate may, in the prescribed manner and subject to the
prescribed conditions (if any), be registered in a court having civil
jurisdiction to the extent of the amount ordered to be paid to the
Commonwealth.
(5) Upon registration under subsection (4), the certificate is enforceable
in all respects as a final judgment of the court in favour of the
Commonwealth.
(6) The costs of registration of the certificate and other proceedings under
this section shall, subject to the prescribed conditions (if any), be deemed
to be payable under the certificate.
(7) In subsection (1), "bounty" includes an advance on account of bounty
under section 8.
BOUNTY (SHIPS) ACT 1980 - PART V
PART V - MISCELLANEOUS
BOUNTY (SHIPS) ACT 1980 - SECT 18
Return for Parliament
SECT
18. (1) The Comptroller-General 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
year;
(b) the amount of bounty paid to each person in that 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 subsection (1), "bounty" includes an advance on account of bounty
under section 8.
BOUNTY (SHIPS) ACT 1980 - SECT 19
Delegation
SECT
19. (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.
BOUNTY (SHIPS) ACT 1980 - SECT 20
Applications for review
SECT
20. (1) Applications may be made to the Administrative Appeals Tribunal for
review of:
(a) a decision of the Comptroller-General by virtue of paragraph 9 (3) (a)
approving payment of bounty;
(b) a decision of the Comptroller-General by virtue of paragraph 9 (3) (b)
refusing to approve payment of bounty;
(c) a decision of the Comptroller-General by virtue of paragraph 9A (4) (a)
approving a payment;
(d) a decision of the Comptroller-General by virtue of paragraph 9A (4) (b)
refusing to approve a payment;
(e) a decision of the Comptroller-General under subsection 9B (4);
(f) a decision of the Comptroller-General by virtue of paragraph 9D (3) (a)
approving a payment;
(g) a decision of the Comptroller-General by virtue of paragraph 9D (3)
(b);
(h) a decision of the Comptroller-General by virtue of paragraph 9D (3) (c)
refusing to adjust payments of bounty;
(j) a decision of the Comptroller-General under section 9E;
(k) a decision of the Minister under section 10 refusing to register
premises (other than such a decision made under subsection 10 (11));
(m) a decision of the Minister under section 10 transferring, or refusing to
transfer, the registration of premises;
(n) a decision of the Minister under subsection 10 (15) cancelling the
registration of premises;
(p) a decision of the Minister under section 10A refusing to register a
person (other than such a decision made under subsection 10A (11));
(q) a decision of the Minister under subsection 10A (12) cancelling the
registration of a person; or
(r) a requirement by the Comptroller-General under section 12.
(2) Without limiting the generality of section 43 of the Administrative
Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal is
reviewing a decision of a kind referred to in paragraph (1) (a), (b), (c),
(d), (e), (f), (g), (h) or (j) of this section in respect of the construction
or modification of a bountiable vessel, the Tribunal, if it considers it
appropriate to do so, may:
(a) if a determination has been made by virtue of paragraph 3 (2) (b) in
respect of the construction or modification of the vessel, either:
(i) set aside the determination; or
(ii) set aside the determination and make a further determination by
virtue of that paragraph in respect of the construction or modification of the
vessel;
(b) if a determination has not been made by virtue of paragraph 3 (2) (b) in
respect of the construction or modification of the vessel, make such a
determination;
(c) if a determination has been made under subsection 4A (1) in respect of
the construction or modification of the vessel, either:
(i) set aside the determination; or
(ii) set aside the determination and make a further determination
under that subsection in respect of the construction or modification of the
vessel;
(d) if a determination has not been made under subsection 4A (1) in respect
of the construction or modification of the vessel, make such a determination;
(e) if a determination has been made by virtue of paragraph 6 (2) (c) in
respect of the construction or modification of the vessel, either:
(i) set aside the determination; or
(ii) set aside the determination and make a further determination by
virtue of that paragraph in respect of the construction or modification of the
vessel;
(f) if a determination has not been made by virtue of paragraph 6 (2) (c) in
respect of the construction or modification of the vessel, make such a
determination;
(g) if a determination has been made by virtue of subsection 6A (2) in
respect of the construction or modification of the vessel, either:
(i) set aside the determination; or
(ii) set aside the determination and make a further determination
under that subsection in respect of the construction or modification of the
vessel; or
(h) if a determination has not been made under subsection 6A (2) in respect
of the construction or modification of the vessel, make such a determination.
(3) In subsection (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
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