Bounty (Ships) (Reservation of Bounty) Regulations (Cth)
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS
(#DATE 25:11:1993)
(#DATE 25:11:1993)
- In force under the Bounty (Ships) Act 1980
*1* The Bounty (Ships) (Reservation of Bounty) Regulations (in force under the Bounty (Ships) Act 1980) as shown in this reprint comprise Statutory Rules 1985 No. 155 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1985 No. 155 28 June 1985 28 June 1985
1987 No. 116 15 June 1987 15 June 1987 R. 11
1988 No. 176 8 July 1988 R. 5: 15 June -
1987
Remainder:
8 July 1988
359 21 Dec 1988 15 June 1987 -
360 21 Dec 1988 21 Dec 1988 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1987 No. 116; 1988 No. 359
R. 3 am. 1987 No. 116; 1988 Nos. 176 and
360
R. 5 am. 1987 No. 116
R. 6 am. 1987 No. 116
rs. 1988 No. 359
R. 7 am. 1987 No. 116; 1988 No. 176
rep. 1988 No. 359
Rr. 8, 9 am. 1988 No. 359
R. 10 am. 1987 No. 116; 1988 No. 359
R. 11 am. 1987 No. 116
rep. 1988 No. 359
R. 11A ad. 1987 No. 116
R. 12 am. 1987 No. 116; 1988 No. 359
R. 13 rep. 1988 No. 359
R. 14 ad. 1988 No. 176
am. 1988 No. 359
R. 15 ad. 1988 No. 176
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Application for reservation of bounty
4. Order in which applications to be dealt with
5. Acceptance or refusal of application
6. Reservation of bounty
8. Variation of reservation
9. Transfer of reservation
10. Cancellation of reservation
11A. Order for payment of reserved amounts
12. Date of completion
14. Application for review
15. Notice of reviewability
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Bounty (Ships) (Reservation of Bounty) Regulations. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 2
Interpretation
2. In these Regulations, unless the contrary intention appears:
"bounty period" means the period commencing on 1 July 1986 and ending on 30 June 1989;
"commencement date" means the date specified in an application under regulation 3 as the date on which it is proposed to commence the first stage of the construction or modification of the bountiable vessel to which the application relates;
"completion date" means the date specified in an application under regulation 3 as the date on which it is proposed to complete the last stage of the construction or modification of the bountiable vessel to which the application relates;
"proposed amount" means the amount of bounty specified in an application under regulation 3 as the amount of bounty sought to be reserved;
"shipbuilder" means:
(a) a shipbuilder who is a prescribed shipbuilder or a non-prescribed shipbuilder; or
(b) a person who has made an application to the Minister under section 10 or 10A of the Act, being an application that has not been dealt with by the Minister;
"the Act" means the Bounty (Ships) Act 1980.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 3
Application for reservation of bounty
3. (1) A shipbuilder who has entered into a contract with another person for the construction or modification of a bountiable vessel and who is not the owner of the vessel may, at any time before the time of lodgment of a valid claim for payment of bounty in respect of that construction or modification of that vessel apply to the Comptroller-General for reservation of an amount of bounty, being an amount of bounty to which the shipbuilder will be entitled, on a valid claim for bounty, on the completion of that construction or modification. (2) An application under subregulation (1) shall:
(a) be in accordance with the appropriate approved form;
(b) include an estimate of the cost of the construction or modification of the bountiable vessel and such other information as is, and such other estimates as are, required by the form;
(c) specify the amount of bounty sought to be reserved in respect of the bounty period;
(d) specify the date on which it is proposed to commence the first stage of the construction or modification of the bountiable vessel and the date on which it is proposed to complete the last stage of that construction or modification;
(e) be signed and witnessed as required by the form; and
(f) be lodged with the Comptroller-General in the Australian Capital Territory together with a copy of:
(i) the contract referred to in subregulation (1);
(ii) the lines plans and the general arrangements plans for
the construction or modification of the bountiable vessel; and
(iii) the bill of materials relating to the construction or
modification of the vessel.(3) A shipbuilder who, during the whole or a part of the period commencing on 15 June 1987 and ending at the expiration of 7 July 1988, was an associate of the owner of a vessel (being a vessel referred to in subregulation (1)) shall not, by reason only of having been such an associate, be taken to have been ineligible during that period to make an application under this regulation to the Comptroller-General for reservation of an amount of bounty in relation to that vessel.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 4
Order in which applications to be dealt with
4. (1) The Comptroller-General shall deal with applications made under regulation 3 in the order in which those applications are lodged with the Comptroller-General. (2) Where 2 or more applications are lodged on the same day, any one of those applications that specifies a proposed amount that is more than the proposed amount specified in another of those applications shall, for the purpose of this regulation, be treated as having been lodged before that other application.
(3) Where 2 or more applications are lodged on the same day and each of those applications specifies the same proposed amount, any one of those applications that specifies a commencement date that is earlier than the commencement date specified in another of those applications shall, for the purpose of this regulation, be treated as having been lodged before that other application.
(4) Where 2 or more applications are lodged on the same day and each of those applications specifies the same proposed amount and the same commencement date, any one of those applications that specifies a completion date that is earlier that the completion date specified in another of those applications shall, for the purpose of this regulation, be treated as having been lodged before that other application.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 5
Acceptance or refusal of application
5. (1) Where, on an application made under regulation 3, the Comptroller-General, having examined the application and caused such inquiries to be made as the Comptroller-General considers necessary, is satisfied that:
(a) the application complies with subregulation 3 (2) and the applicant is entitled to make the application;
(b) where the applicant is a person other than a prescribed shipbuilder or a non-prescribed shipbuilder - the Minister has not refused the application made by the person under section 10 or 10A of the Act, as the case may be;
(c) the proposed amount is not more than the amount of bounty that would be payable to the applicant on a valid claim for bounty in respect of the construction or modification of the bountiable vessel to which the application relates;
the Comptroller-General shall accept the application but shall, in any other case, refuse the application.(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.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 6
Reservation of bounty
6. Where the Comptroller-General accepts an application under regulation 5, the Comptroller-General shall:
(a) reserve in the name of the applicant an amount of bounty equal to the proposed amount; and
(b) as soon as practicable after making that reservation, cause a notice in writing of the reservation to be served on the applicant.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 8
Variation of reservation
8. (1) Where the Comptroller-General becomes aware that an amount of bounty reserved in the name of a person is excessive by reason that the estimated cost of the construction or modification of the bountiable vessel in respect of which the reservation was made is incorrect or over-estimated, the Comptroller-General shall, in writing:
(a) determine the estimated cost of that construction or modification; and
(b) vary the reservation by reducing the amount of bounty reserved by such amount as the Comptroller-General considers necessary, having regard to the estimated cost as determined by the Comptroller-General under paragraph (a).(2) Where the Comptroller-General becomes aware that an amount of bounty reserved in the name of a person is 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 in respect of which the reservation was made, the Comptroller-General shall, in writing:
(a) determine the estimated cost of that construction or modification; and
(b) vary the reservation by increasing the amount of bounty reserved by such amount as the Comptroller-General considers necessary, having regard to the estimated cost as determined by the Comptroller-General under paragraph (a).
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 9
Transfer of reservation
9. (1) Where:
(a) an amount of bounty has been reserved in the name of a person in relation to a bountiable vessel; and
(b) a shipbuilder who is not the owner of the bountiable vessel takes over from that person the construction or modification of the vessel;
the shipbuilder may apply to the Comptroller-General for the transfer of the reservation of that amount of bounty from the name of that person to the name of the shipbuilder.(2) An application under subregulation (1) shall:
(a) be in accordance with the appropriate approved form;
(b) include such information as is required by the form;
(c) be signed by the applicant and the person in whose name the reservation is made; and
(d) be lodged with the Comptroller-General in the Australian Capital Territory.(3) On an application in accordance with subregulation (2), the Comptroller-General shall, in writing, transfer the reservation into the name of the applicant and shall cause a notice in writing of the transfer to be served on the applicant.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 10
Cancellation of reservation
10. (1) The Comptroller-General shall cancel the reservation of an amount of bounty where the Comptroller-General is satisfied that:
(a) the construction or modification of the bountiable vessel in relation to which the reservation is made was not commenced, other than for reasons beyond the control of the person in whose name the reservation is made, within the period of 60 days after the commencement date;
(c) the vessel is not a bountiable vessel;
(d) the person in whose name the reservation is made has ceased to be a shipbuilder or has become the owner of the vessel;
(e) the person in whose name the reservation is made is not a prescribed shipbuilder or a non-prescribed shipbuilder and the Minister has refused the application made by the person under section 10 or 10A of the Act, as the case may be;
(f) the person in whose name the reservation is made has ceased to carry out the construction or modification of the vessel and an application for a transfer of the reservation in accordance with regulation 9 is not lodged within 60 days after the person has so ceased to carry out that construction or modification; or
(g) the construction or modification of the vessel has been abandoned.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 11A
Order for payment of reserved amounts
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.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 12
Date of completion
12. (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.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 14
Application for review
14. (1) Applications may be made to the Administrative Appeals Tribunal for review of:
(a) a decision of the Comptroller under subregulation 5 (1) refusing an application made under subregulation 3 (1);
(b) a decision of the Comptroller under subregulation 8 (1) to vary the reservation of an amount of bounty reserved by reducing the amount;
(c) a decision of the Comptroller under subregulation 8 (2) refusing to vary the reservation of an amount of bounty reserved by increasing the amount; or
(d) a decision of the Comptroller under subregulation 10 (1) to cancel the reservation of an amount of bounty.(2) In this regulation, "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.
BOUNTY (SHIPS) (RESERVATION OF BOUNTY) REGULATIONS - REG 15
Notice of reviewability
15. (1) Where the Comptroller makes a decision referred to in subregulation 14 (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision. (2) The validity of a decision is not affected by failure to comply with subregulation (1).
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