Bounty (Ships) (Reservation of Bounty) Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, hereby make the
following Regulations under the
Dated 5 June 1987.
N.M. STEPHEN
Governor-General
By His Excellency's Command,
JOHN N. BUTTON
Minister of State for Industry,
Technology and Commerce
(a) by omitting the definition of "available amount" and substituting the following definitions:
" 'available amount', in relation to payment of bounty or advances on account of bounty in respect of the construction or modification of bountiable vessels during the bounty period as referred to in subsection 6b(1) of the Act, means the maximum amount available less the aggregate of:
(a) all amounts paid in meeting valid claims for payment of bounty or for advances on account of bounty in relation to the bounty period; and
(b) all amounts of bounty that are the subject of a reservation made and in force under these Regulations in relation to the bounty period;
"bounty period' means the period commencing on 1 July 1986 and ending on 30 June 1989;";
(b) by omitting the definition of "bountiable vessel";
(c) by omitting the definition of "maximum amount available" and substituting the following definition:
"'maximum amount available' means the amount of $144,000,000 referred to in paragraph 6B (1) (d) of the Act;"; and
(d) by omitting paragraph (b) from the definition of "prescribed period".
(a) by omitting from subregulation (1) "completion of the construction or modification of the vessel," and substituting "time of lodgment of a valid claim for payment of bounty in respect of that construction or modification of that vessel"; and
(b) by omitting paragraph 3 (2) (c) and substituting the following paragraph:
"(c) specify the amount of bounty sought to be reserved in respect of the bounty period;".
(a) by omitting from paragraph (c) "and";
(b) by omitting paragraph (d); and
(c) by adding at the end the following subregulations:
"(2) Where, pursuant to subregulation (1), the Comptroller-General makes a decision accepting or refusing an application made under regulation 3, the Comptroller-General shall, as soon as practicable after the making of the decision, notify the applicant in writing of the decision.
"(3) A notification under subregulation (2) in relation to a decision refusing an application shall set out the reasons for the decision.".
5. Regulation 6 of the Principal Regulations is amended:
(a) by omitting subregulation (1) and substituting the following subregulation:
"(1) Where the Comptroller-General accepts an application under regulation 5, the Comptroller-General shall, in writing:
(a) if the total of amounts of bounty reserved at the time of that acceptance is equal to or exceeds the maximum amount available—file the application in accordance with subregulation (4); or
(b) if that total is less than the maximum amount available:
(i) in a case where, if the proposed amount were reserved, the maximum amount available would not be exceeded—reserve in the name of the applicant an amount of bounty equal to the proposed amount; or
(ii) in a case where, if the proposed amount were reserved, the maximum amount available would be exceeded— reserve in the name of the applicant an amount of bounty equal to the available amount.";
(b) by omitting from subregulation (3) all the words after "to the effect" and substituting "that, subject to regulation 4, if at any time the reservation of any amount of bounty in relation to the bounty period is cancelled or varied, the amount of bounty reserved in the name of the applicant will be increased in accordance with regulation 11."; and
(c) by adding at the end the following subregulation:
"(4) As soon as practicable after filing an application as referred to in paragraph (1) (a), the Comptroller-General shall cause a notice to be served on the applicant containing a statement to the effect that, subject to regulation 4, if at any time the reservation of any amount of bounty in relation to the bounty period is cancelled or varied, an amount of bounty will be reserved in the name of the applicant, being an amount not greater than the proposed amount, in accordance with the available amount resulting from the cancellation or variation.".
(a) by omitting subregulation (1) and substituting the following subregulation:
"(1) Where a person who has lodged an application under regulation 3 considers that the proposed amount specified in that application was less than the amount that would be payable to the person on a valid claim for bounty in respect of the construction or modification of the bountiable vessel to which the application relates, the person may, before the time of lodgment of a valid claim for payment of bounty, apply to the Comptroller-General for reservation of an additional amount of bounty, being an amount equal to the difference between the 2 amounts.";
(b) by omitting from paragraph (2) (c) "and the prescribed period in relation to which the reservation is sought";
(c) by omitting from paragraph (4) (c) "and";
(d) by omitting paragraph (4) (d);
(e) by omitting subregulation (5) and substituting the following subregulation:
"(5) Where the Comptroller-General accepts an application under subregulation (4), the Comptroller-General shall, in writing:
(a) if the total of amounts of bounty reserved at the time of that acceptance is equal to or exceeds the maximum amount available—file the application in accordance with subregulation (8); or
(b) if that total is less than the maximum amount available:
(i) in a case where, if the proposed amount were reserved, the maximum amount available would not be exceeded—reserve in the name of the applicant an additional amount of bounty equal to the proposed amount; or
(ii) in a case where, if the proposed amount were reserved, the maximum amount available would be exceeded— reserve in the name of the applicant an additional amount of bounty equal to the available amount."; and
(f) by omitting from subregulation (7) all the words after "to the effect" and substituting "that, subject to regulation 4, if at any time the reservation of any amount of bounty in relation to the bounty period is cancelled or varied, the additional amount of bounty reserved in the name of the applicant will be increased in accordance with regulation 11."; and
(g) by adding at the end the following subregulation:
"(8) As soon as practicable after filing an application as referred to in paragraph (5) (a), the Comptroller-General shall cause a notice to be served on the applicant containing a statement to the effect that, subject to regulation 4, if at any time the reservation of any amount of bounty in relation to the bounty period is cancelled or varied, an additional amount of bounty will be reserved in the name of the applicant, being an amount not greater than the proposed amount, in accordance with the available amount resulting from the cancellation or variation.".
(a) by omitting paragraph 10 (1) (b);
(b) by omitting from paragraph 10 (1) (c) "of the kind referred to in subsection 6a (1) of the Act"; and
(c) by omitting subregulation 10 (2).
(a) by omitting from paragraph (1) (a) "a prescribed period" and substituting "the bounty period"; and
(b) by omitting from paragraph (1) (b) "prescribed period" and substituting "bounty period".
"11A. (1) Subject to this regulation, the Comptroller-General shall deal with claims for payment and applications for an advance in the order in which those claims and applications are lodged with the Comptroller-General.
"(2) Where at least one claim for payment and at least one application for an advance are made on the same day, a claim for payment shall, for the purpose of this regulation, be treated as having been lodged before an application for an advance.
"(3) Where 2 or more claims for payment are lodged on the same day, any one of those claims that specifies a proposed amount that is more than the proposed amount specified in another of those claims shall, for the purpose of this regulation, be treated as having been lodged before that other claim.
"(4) Where 2 or more claims for payment are lodged on the same day and each of those claims specifies the same proposed amount, any one of those claims that specifies a completion date that is earlier than the completion date specified in another of those claims shall, for the purpose of this regulation, be treated as having been lodged before that other claim.
"(5) Subregulations (3) and (4) apply in relation to 2 or more applications for an advance lodged on the same day as if those applications were claims for payment.
"(6) Where, in relation to a financial year referred to in paragraph 6B (1) (a) or (b) of the Act, the amount referred to in whichever of those paragraphs is applicable is insufficient to meet all valid claims for payment and valid applications for an advance in that financial year, valid claims and applications that are unpaid at the end of that financial year shall be paid in priority to valid claims for payment and valid applications for an advance in the immediately following financial year.
"(7) In this regulation:
'application for an advance' means an application for an advance on account of bounty lodged with the Comptroller-General for the purposes of section 8 of the Act;
"claim for payment' means a claim for payment of an amount of bounty lodged with a Collector or the Comptroller-General pursuant to section 9 of the Act.".
"(2) For the purposes of subsection 6B (7) of the Act, where the construction or modification of a bountiable vessel in respect of which an amount of bounty is reserved is completed at any time within the period of 6 months immediately following the end of the financial year commencing on 1 July 1988, the construction or modification of the vessel shall be deemed to have been completed within that financial year.".
(
(a) that construction or modification shall be taken to have been completed on the day of commencement of these Regulations; and
(b) the claim shall be taken to be a claim lodged under subsection 9(1) of the Act as in force on that day.
(
1. Notified in the
Commonwealth of Australia Gazette on 15 June 1987.
2. Statutory Rules 1985 No. 155.
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