| C2004C02545 | BOUNTY (STEEL MILL PRODUCTS) ACT 1983 [Note: This Act is "repealed" by Act No. 42 of 1990]
(#DATE 01:07:1987)
Compilation Information
- Reprinted as at 1 July 1987
*1* The Bounty (Steel Mill Products) Act 1983 as shown in this reprint
comprises Act No. 125, 1983 amended as indicated in the Tables below.
Table of Acts
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Act Number Date Date of
Application,
and year of Assent commencement saving or
transitional
provisions
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Bounty (Steel Mill 125, 1983 21 Dec 1983 1 Jan 1984
Products) Act 1983 Customs Administration 39, 1985 29 May 1985 10
June 1985 S.4
(Transitional Provisions (see s. 2 and
and Consequential Gazette 1985,
Amendments) Act 1985 No.S194, p. 1)
Customs Administration 10, 1986 13 May 1986 13 May 1986 Ss. 2 (2)
(Transitional Provisions and 4
and Consequential
Amendments) Act 1986 Bounty and Subsidy 119, 1986 2 Dec 1986 S.
15: 20 Aug Ss. 17
Legislation Amendment 1986 and 18
Act (No. 2) 1986 S. 16: 30 Dec
1986
Remainder:
Royal Assent
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Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How
affected
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S. 2A ............................................................... ad. No.
39,
1985
S. 3 ............................................................... am. No.
39,
1985;
No.
119,
1986
S. 6A ............................................................... ad. No.
119,
1986
S. 9 ............................................................... am. No.
119,
1986
S. 11 ............................................................... am. No.
39,
1985
rs. No.
119,
1986
S. 12 ............................................................... rs. No.
119,
1986
Ss. 12A-12E ......................................................... ad. No.
119,
1986
Ss. 13-15 ........................................................... am. No.
39,
1985
S. 17 ............................................................... am. No.
39,
1985;
No.
119,
1986
S. 19 ............................................................... am. No.
10,
1986
S. 23 ............................................................... am. No.
39,
1985
S. 24 ............................................................... am. No.
39,
1985;
No.
119,
1986
S. 25 ............................................................... am. No.
39,
1985
S. 27 ............................................................... am. No.
119,
1986
Schedules 4-6 ....................................................... ad. No.
119,
1986
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BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
2A. General administration of Act
3. Interpretation
4. Bounty periods
5. Prescribed steps
6. Sales value
6A. Accounting period
7. Uniformity
8. Specification of bounty
9. Amount of bounty
10. Limit of available bounty
11. Advances on account of bounty
12. Claims for payment of bounty
12A. Variation of inadequate claim
12B. Variation of excessive claim
12C. Other adjustments of claims
12D. Forms
12E. Recovery of repayments
13. Registration of premises
14. Accounts, &c.
15. Securities
16. Producers to furnish returns
17. Appointment of authorised officers
18. Stock-taking and inspection of production and accounts, &c.
19. Power to require persons to answer questions and produce documents
20. Power to examine on oath, &c.
21. Offences
22. Return for Parliament
23. Delegation
24. Application for review
25. Statement to accompany notice of decision
26. Appropriation
27. Regulations
SCHEDULE 1
BOUNTIABLE PLATE
SCHEDULE 2
BOUNTIABLE SHEET
SCHEDULE 3
BOUNTIABLE TUBE
SCHEDULE 4
BOUNTIABLE PLATE
SCHEDULE 5
BOUNTIABLE SHEET
SCHEDULE 6
BOUNTIABLE TUBE
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - LONG TITLE
SECT
An Act to provide for the payment of bounty on the production
of certain steel products produced from certain steel mill products
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 1
Short title
SECT
1. This Act may be cited as the Bounty (Steel Mill Products) Act 1983.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 2
Commencement
SECT
2. This Act shall come into operation on 1 January 1984.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 2A
General administration of Act
SECT
2A. The Comptroller-General has the general administration of this Act.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears-
"accounting period", in relation to a producer of bountiable products, has
the meaning given by section 6A;
"approved form" means a form approved by the Comptroller-General by
instrument in writing;
"authorized officer" means a person who is an authorized officer for the
purposes of this Act by virtue of an appointment under section 17;
"bountiable plate" means a product that-
(a) consists of prescribed steel;
(b) was produced by-
(i) heating, quenching and tempering prescribed plate in a plant
known as a continuous roller quench heat treatment line; or
(ii) a process prescribed by the regulations for the purposes of
this
definition, being a process that was carried out in relation to a product
prescribed by the regulations for those purposes in relation to that process;
and
(c) is a solid that has-
(i) a rectangular cross-section; or
(ii) a cross-section that is of a kind prescribed by the regulations
for the purposes of this definition;
"bountiable product" means-
(a) bountiable plate;
(b) bountiable sheet; or
(c) bountiable tube;
"bountiable sheet" means a product that-
(a) consists of prescribed steel;
(b) was produced by-
(i) cold-rolling and re-coiling prescribed strip in a plant known as
a tandem rolling mill or in a plant known as a reverse rolling mill, being a
cold-rolling that reduced the thickness of the prescribed strip by not less
than 25%; or
(ii) a process prescribed by the regulations for the purposes of
this
definition, being a process that was carried out in relation to a product
prescribed by the regulations for those purposes in relation to that process;
and
(c) is a solid that has-
(i) a rectangular cross-section the width of which is not less than
600 mm; or
(ii) a cross-section that is of a kind prescribed by the regulations
for the purposes of this definition;
"bountiable tube" means a product-
(a) that consists of prescribed steel;
(b) that was produced-
(i) by-
(A) forming a prescribed plate; or
(B) spirally forming prescribed strip,
into a tubular product and welding the product so formed;
(ii) by hot forming prescribed strip into a tubular product, and
welding the product so formed, in a plant known as a continuous weld mill;
(iii) by forming prescribed strip into a tubular product, and
welding
the product so formed, in a plant known as an electric resistance weld mill;
(iv) by forming a prescribed plated strip product into a
double-walled, tubular product and brazing the product so formed in a furnace;
or
(v) by a process prescribed by the regulations for the purposes of
this definition, being a process that was carried out in relation to a product
prescribed by the regulations for those purposes in relation to that process;
(c) in the case of a product that was produced by forming a prescribed
plate into a tubular product and welding the product so formed-that is fully
open at both ends, that has not been perforated and the length of which when
so formed and welded was not less than 2.98 m;
(d) in the case of a product that was produced by spirally forming
prescribed strip into a tubular product and welding the product so formed-that
has not been perforated and the length of which when so formed and welded was
not less than 2.98 m;
(e) in the case of a product produced from prescribed strip in a plant
of
a kind referred to in sub-paragraph (b) (ii) or (iii)-the length of which,
when cut to size or first cut to size, as the case may be, in the plant, was
not less than 3 times its outside diameter at its narrowest point; and
(f) in the case of a product that was produced by a process prescribed
by
the regulations for the purposes of this definition-that is of a kind
prescribed by the regulations for the purposes of this definition;
"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;
"continuous casting", in relation to liquid metal from a furnace, means the
casting of the metal by passing it through a water-cooled mould;
"descaling" means descaling by the process known as pickling;
"high alloy steel" means an alloy of steel (whether or not stainless steel)
that contains, by mass-
(a) not less than 2% of manganese;
(b) not less than 2% of silicon;
(c) not less than 0.5% of nickel;
(d) not less than 1% of chromium;
(e) not less than 0.1% of molybdenum;
(f) not less than 0.1% of vanadium;
(g) not less than 0.3% of tungsten;
(h) not less than 0.3% of cobalt; or
(j) not less than 0.4% of copper,
but does not include steel that contains, by mass, not less than 2% of a
precious metal or of precious metals;
"precious metal" means gold, silver, platinum, iridium, osmium, palladium,
rhodium or ruthenium;
"prescribed ingot" means an ingot that was produced in Australia by the
casting of liquid metal from a furnace;
"prescribed plate" means a product that-
(a) was produced in Australia-
(i) by, or from a product that was produced in Australia by,
hot-rolling a prescribed slab in a plant known as a hot plate steel mill or in
a plant known as a hot strip steel mill; or
(ii) by, or from a product that was produced in Australia by, a
process prescribed by the regulations for the purposes of this paragraph,
being a process that was carried out in relation to a product prescribed by
the regulations for, those purposes in relation to that process;
(b) is a solid that has-
(i) a rectangular cross-section-
(A) the thickness of which is not less than 2.9 mm and not greater
than 105mm; and
(B) the width of which is not less than 500 mm; or
(ii) a cross-section that is of a kind prescribed by the regulations
for the purposes of this definition; and
(c) has not been-
(i) cold-rolled or otherwise cold-formed (except by the process
known
as skin passing);
(ii) heated, quenched and tempered in a plant known as a continuous
roller quench heat treatment line; or
(iii) processed in a manner prescribed by the regulations for the
purposes of this paragraph;
"prescribed plated strip product" means-
(a) a product that was produced in Australia by cold-rolling and
copperplating prescribed strip that had a cross-section the width of which was
less than 500 mm;
(b) a product that was produced in Australia by slitting or trimming,
or
slitting and trimming, a product of the kind first referred to in paragraph
(a); or
(c) a product of a kind prescribed by the regulations for the purposes
of
this definition;
"prescribed slab" means-
(a) a product that-
(i) was produced in Australia by-
(A) hot-rolling or forging a prescribed ingot or a product that
was
produced in Australia from a prescribed ingot;
(B) the continuous casting of liquid metal from a furnace;
(C) hot-rolling or forging a product that was produced by, or from
a
product that was produced in Australia by, the continuous casting of liquid
metal from a furnace; or
(D) a process prescribed by the regulations for the purposes of
this
paragraph, being a process that was carried out in relation to a product
prescribed by the regulations for those purposes in relation to that process;
and
(ii) is a solid that has-
(A) a rectangular cross-section the thickness of which is not less
than 75 mm and the width of which is not less than 85 mm; or
(B) a cross-section that is of a kind prescribed by the
regulations
for the purposes of this definition; or
(b) a product of a kind prescribed by the regulations for the purposes
of
this paragraph;
"prescribed steel" means-
(a) in relation to bountiable plate-steel or an alloy of steel;
(b) in relation to bountiable sheet-steel or an alloy of steel (other
than stainless steel); and
(c) in relation to bountiable tube-steel or an alloy of steel (other
than
high alloy steel);
"prescribed strip" means a coiled product-
(a) that was-
(i) produced in Australia by, or from a product that was produced
in
Australia by, hot-rolling a prescribed slab in a plant known as a hot strip
steel mill or in a plant known as a skelp steel mill; or
(ii) produced in Australia by, or from a product that was produced
in
Australia by, a process prescribed by the regulations for the purposes of this
paragraph, being a process that was carried out in relation to a product
prescribed by the regulations for those purposes in relation to that process;
(b) that is a solid that, in its uncoiled form, has-
(i) a rectangular cross-section-
(A) the thickness of which is not less than 1 mm and not greater
than 15 mm; and
(B) the width of which is not less than 100 mm; or
(ii) a cross-section that is of a kind prescribed by the regulations
for the purposes of this definition;
(c) the mass of which is not less than 0.25 tonnes; and
(d) has not been-
(i) cold-rolled or otherwise cold-formed (except by the process
known
as skin passing); or
(ii) processed in a manner prescribed by the regulations for the
purposes of this paragraph;
"prescribed strip product" means-
(a) a product that was produced in Australia from prescribed strip by
any
one or more of the following processes, namely, perforating, slitting or
trimming the prescribed strip;
(b) a product that was produced in Australia by cold-rolling prescribed
strip, or a product of the kind first referred to in paragraph (a), that had a
cross-section the width of which was less than 500 mm;
(c) a product that was produced in Australia by slitting or trimming,
or
slitting and trimming, a product of the kind first referred to in paragraph
(b); or
(d) a product of a kind prescribed by the regulations for the purposes
of
this definition;
"prescribed steps", in relation to the production of a bountiable product,
has the meaning given by section 5;
"producer", in relation to a bountiable product, means the person who
carried out all the prescribed steps in the production of the bountiable
product;
"product" includes ingot;
"quarter" means a period of 3 months commencing on 1 January, 1 April, 1
July or 1 October during a bounty period;
"quenching", in relation to a product, means the rapid cooling of the heated
product otherwise than by immersion;
"registered premises" means premises registered under section 13;
"stainless steel" means an alloy of steel that contains, by mass-
(a) not less than 10.5% of chromium; and
(b) not more than 1.2% of carbon;
"welding" means-
(a) in relation to a tubular product produced by forming a prescribed
plate or by spirally forming prescribed strip-welding the abutting edges of
the product along the entire length of the product by means of a machine known
as an automatic continuous submerged arc welding machine or a machine known as
an automatic continuous flux cored arc welding machine;
(b) in relation to a tubular product produced by hot forming prescribed
strip in a plant known as a continuous weld mill-welding the abutting edges of
the product along the entire length of the product by means of the process
known as automatic forge welding;
(c) in relation to a tubular product produced by forming prescribed
strip
in a plant known as an electric resistance weld mill-welding the abutting
edges of the product along the entire length of the product by means of a
machine known as a continuous automatic electric resistance welding machine;
and
(d) in relation to any other product-welding the product in such manner
as is, and by such means as are, prescribed by the regulations for the
purposes of this definition.
(2) A reference in sub-section (1) of this section or in section 5 to
prescribed strip includes, unless the contrary intention appears, a reference
to a prescribed strip product.
(3) For the purposes of this Act-
(a) a product shall not be taken to have been produced from a prescribed
ingot if the production of the product involved the melting and recasting of
the ingot, or another product produced from the ingot, for a purpose other
than the removal of impurities from the ingot or the other product, as the
case may be, by the process known as electro slag refining; and
(b) where the production of a particular product involved 3 or more steps
and-
(i) the first of those steps consisted of the production of a
prescribed
ingot;
(ii) the last of those steps consisted of the production of a
prescribed
slab; and
(iii) the intermediate step or steps consisted of, or included, the
production of another product or other products,
the first-mentioned product shall, subject to paragraph (a), be taken to have
been produced from that prescribed ingot and from that other product or those
other products.
(4) For the purposes of this Act-
(a) a product shall not be taken to have been produced from a product that
was produced by the continuous casting of liquid metal from a furnace if the
production of the first-mentioned product involved the melting and recasting
of the second-mentioned product, or another product produced from the
second-mentioned product, for a purpose other than the removal of impurities
from the second-mentioned product or the other product produced from the
second-mentioned product, as the case may be, by the process known as electro
slag refining; and
(b) where the production of a particular product involved 3 or more steps
and-
(i) the first of those steps consisted of the production of a product
by
the continuous casting of liquid metal from a furnace;
(ii) the last of those steps consisted of the production of a
prescribed
slab; and
(iii) the intermediate step or steps consisted of, or included, the
production of another product or other products,
the first-mentioned product shall, subject to paragraph (a), be taken to have
been produced from the second-mentioned product and from that other product or
those other products.
(5) For the purposes of this Act, a product shall not be taken not to
consist of steel of a particular kind by reason only that it contains
impurities normally likely to be found in steel of that kind.
(6) Where a part of prescribed plate or prescribed strip used in the
production of a bountiable product is left-over as scrap (whether or not in
the form of prescribed plate or prescribed strip) after the production of the
bountiable product, that part of the prescribed plate or prescribed strip, as
the case may be, shall, for the purposes of this Act, be taken to have been
used in the production of the bountiable product.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 4
Bounty periods
SECT
4. Each of the following periods is, for the purposes of this Act, a bounty
period:
(a) the year commencing on 1 January 1984;
(b) the year commencing on 1 January 1985;
(c) the year commencing on 1 January 1986;
(d) the year commencing on 1 January 1987;
(e) the year commencing on 1 January 1988.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 5
Prescribed steps
SECT
5. For the purposes of this Act, the prescribed steps in the production of a
bountiable product-
(a) commence with and include-
(i) in the case of bountiable plate that was produced by heating,
quenching and tempering prescribed plate in a plant known as a continuous
roller quench heat treatment line-that heating of the prescribed plate;
(ii) in the case of bountiable sheet that was produced by cold-rolling
and re-coiling prescribed strip in a plant known as a tandem rolling mill or
in a plant known as a reverse rolling mill-the descaling of the prescribed
strip;
(iii) in the case of bountiable tube that was produced-
(A) from a prescribed plate;
(B) by spirally forming prescribed strip into a tubular product and
welding the product so formed;
(C) from prescribed strip in a plant known as a continuous weld mill;
or
(D) from prescribed strip in a plant known as an electric resistance
weld mill (not being prescribed strip that is a product of a kind first
referred to in paragraph (b) or (c) of the definition of "prescribed strip
product" in sub-section 3 (1) or prescribed strip that was perforated in the
plant),
the forming of the prescribed plate or prescribed strip, as the case may be,
into a tubular product;
(iv) in the case of bountiable tube that was produced from prescribed
strip in a plant known as an electric resistance weld mill (being prescribed
strip that was perforated in the plant)-the perforation of the prescribed
strip in the plant;
(v) in the case of bountiable tube that was produced from a product of
a
kind first referred to in paragraph (b) or (c) of the definition of
"prescribed strip product" in sub-section 3 (1) in a plant known as an
electric resistance weld mill-the cold-rolling of the prescribed strip from
which the product was produced;
(vi) in the case of bountiable tube that was produced from a prescribed
plated strip product-the cold-rolling of the prescribed strip from which the
prescribed plated strip product was produced; and
(vii) in the case of any other bountiable product-such step or process
as
is prescribed by the regulations for the purposes of this paragraph in
relation to the bountiable product; and
(b) end upon the completion of the last step in-
(i) in the case of a bountiable product other than bountiable tube
that
was produced in a plant known as a continuous weld mill or in a plant known as
an electric resistance weld mill-the heating, quenching and tempering, the
cold-rolling and re-coiling, the forming and welding or the forming and
brazing that produced the product or, if the bountiable product was produced
by another process, such process as is prescribed by the regulations for the
purposes of this paragraph in relation to the bountiable product; and
(ii) in the case of bountiable tube that was produced in a plant of a
kind referred to in sub-paragraph (i)-the cutting or the first cutting, as the
case may be, of the tube in the plant.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 6
Sales value
SECT
6. (1) For the purposes of this Act, the sales value of prescribed plate or
prescribed strip used in the production of a bountiable product is, subject to
this section, the price that was charged, or that will be charged, by the
producer of the prescribed plate or prescribed strip, as the case may be, for
the prescribed plate or prescribed strip, as the case may be.
(2) Where the producer of prescribed plate or prescribed strip used in the
production of a bountiable product-
(a) has not charged, and does not propose to charge, for the prescribed
plate or prescribed strip, as the case may be; or
(b) also produced the bountiable product,
the sales value of the prescribed plate or prescribed strip, as the case may
be, shall, for the purposes of this Act, be taken to be-
(c) the amount determined by the Comptroller-General, in accordance with
sound accounting principles, to be the lowest ex-works selling price paid or
payable, or that would have been paid or payable, to any person who produced
prescribed plate or prescribed strip, as the case may be, in Australia
(whether or not he is the first-mentioned producer) for the sale by him, on
the day on which the last step in the production of the bountiable product was
completed, to any person of prescribed plate or prescribed strip, as the case
may be, of the same kind for use in the production of a bountiable product of
the same kind; or
(d) the amount determined by the Comptroller-General, in accordance with
sound accounting principles, to be the factory cost of producing the
prescribed plate or prescribed strip, as the case may be,
whichever is the lesser amount.
(3) Where-
(a) the Comptroller-General is unable to ascertain, for the purposes of
sub-section (1), the price that was charged, or that will be charged, for
prescribed plate or prescribed strip used in the production of a bountiable
product; or
(b) the Comptroller-General is unable to determine, for the purposes of
sub-section (2), the factory cost of producing prescribed plate or prescribed
strip used in the production of a bountiable product,
that price or cost shall, for the purposes of this Act, be taken to be such
amount as is estimated by the Comptroller-General, having regard to all
relevant circumstances and the nature of that price or cost, to be an
appropriate price or cost in respect of the prescribed plate or prescribed
strip, as the case may be, for the purposes of this Act.
(4) Where the Comptroller-General is unable to make a determination under
paragraph (2) (c), sub-section (2) has effect as if that paragraph, and the
words "whichever is the lesser amount", were omitted.
(5) Without limiting the generality of sub-section (3) or (4), the
Comptroller-General shall, for the purposes of this section, be taken to be
unable to determine the amount of a price or cost relating to prescribed plate
or prescribed strip used in the production of a bountiable product if-
(a) the Comptroller-General, after taking all reasonable steps to ascertain
and verify information necessary for the determination of the amount, has been
unable to ascertain or verify that information, by reason of the failure of
the producer of the bountiable product or of the producer of the prescribed
plate or prescribed strip, as the case may be, to supply information or to
permit the Comptroller-General or an authorized officer to inspect accounts,
books, documents or other information, or otherwise; or
(b) in the case of the amount of a lowest ex-works selling price-there were
no relevant prices.
(6) Where the Comptroller-General is satisfied-
(a) that the amount of the price of prescribed plate or prescribed strip
was influenced by reason of a commercial, financial or other relationship
between the producer or a business associate of the producer and the purchaser
or a business associate of the purchaser, not being a relationship created by
the sale itself; and
(b) that, by reason of that relationship, the amount of the price is higher
than it would otherwise have been,
that price shall, for the purposes of this Act, be taken to be such amount as
the Comptroller-General, in accordance with sound accounting principles,
determines to be the amount that would have been the amount of that price if
that relationship had not existed.
(7) Where the Comptroller-General makes a determination or estimation under
this section in relation to a bountiable product, he shall cause to be served,
either personally or by post, on the producer of the bountiable product,
notice in writing of the determination or estimation, as the case may be.
(8) Where prescribed plate or prescribed strip was produced by a person on
behalf of the owner of the slab from which the prescribed plate or prescribed
strip, as the case may be, was produced, the owner of the prescribed slab
shall, for the purposes of this section, be taken to be the producer of the
prescribed plate or prescribed strip, as the case may be.
(9) For the purposes of this Act, the price of prescribed plate or
prescribed strip (in this sub-section referred to as the "relevant product")
shall be taken to be the gross price that the producer of the relevant product
charged, will charge or would have charged, as the case may be, for the
relevant product less the amount of any rebate or discount allowable by him in
respect of the price (not being a rebate or discount for cash payment or
prompt payment), and includes any price that he has charged, will charge or
would have charged, as the case may be, for the cost of any-
(a) slitting or trimming of the relevant product;
(b) application of a protective coating to the relevant product;
(c) packaging of the relevant product for the purposes of transport or
sale;
(d) delivery of the relevant product; or
(e) processing or treatment of the relevant product prescribed by the
regulations for the purposes of this sub-section,
carried out by him after the production of the relevant product.
(10) In determining the factory cost of prescribed strip or prescribed
plate, the Comptroller-General-
(a) shall make allowance for factory overhead costs (including factory
administration costs) incurred, but shall not make any allowance for general
administration costs, selling costs or service costs; and
(b) if the prescribed slab from which the prescribed strip or prescribed
plate, as the case may be, was produced was supplied to the producer of the
prescribed strip or prescribed plate, as the case may be, free of charge-shall
make allowance for the price that would have been charged for the prescribed
slab if it had been purchased.
(11) For the purposes of this section, 2 persons shall be taken to be
business associates if-
(a) one has an interest, whether direct or indirect, in the business or
property of the other;
(b) both have an interest, whether direct or indirect, in the same business
or property; or
(c) another person has an interest, whether direct or indirect, in the
business or property of each of them.
(12) A determination or estimation under this section shall be made by
instrument in writing.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 6A
Accounting period
SECT
6A. A reference in this Act to an accounting period of a producer of
bountiable products shall be construed as a reference to-
(a) where the producer has an accounting period in relation to those
products of 12 months commencing on a day other than 1 July-that accounting
period; or
(b) in any other case-a financial year.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 7
Uniformity
SECT
7. 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 51 (iii) of the Constitution.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 8
Specification of bounty
SECT
8. (1) Bounty is payable in accordance with this Act on the production in
Australia of bountiable products.
(2) Bounty in respect of a bountiable product is payable to the producer of
the bountiable product.
(3) A producer of a bountiable product is not entitled to receive a payment
of bounty in respect of the bountiable product unless the Comptroller-General
is satisfied that-
(a) all the prescribed steps in the production of the bountiable product
were carried out-
(i) by the producer at registered premises; and
(ii) during a bounty period or during bounty periods;
(b) the producer of the bountiable product intends to sell, or otherwise
dispose of, the bountiable product, or, if he intends to produce a product
from the bountiable product, the product intended to be so produced by him, to
another person for use in Australia; and
(c) the bountiable product is of good and merchantable quality.
(4) For the purposes of this Act, when bounty is payable in respect of a
bountiable product, it shall be deemed to have become payable upon the
completion of the last prescribed step in the production of the bountiable
product.
(5) Bounty is not payable in respect of-
(a) bountiable sheet that is of a kind used as strapping;
(b) bountiable sheet that is intended to be used in the production of tin
plate;
(c) bountiable tube-
(i) that has an internal diameter that is greater than 400 mm at
poany point:
(ii) the thickness of the wall of which is greater than 10.5 mm at any
point; and
(iii) that is intended for use as high pressure hydroelectric conduit;
and
(d) bountiable tube that-
(i) the producer of the bountiable tube intends to insulate
internally;
and
(ii) is intended for use as electric conduit tubing.
(6) Bounty is not payable under this Act in respect of any bountiable
product produced, in whole or in part, from a product in respect of which
bounty has been paid, or is or becomes payable, under this Act, the Bounty
(Steel Products) Act 1983 or the Bounty (High Alloy Steel Products) Act 1983.
(7) Bounty is not payable in respect of any bountiable product produced by
the Commonwealth, a State or an authority of the Commonwealth or a State
(including an educational institution established by the Commonwealth or a
State).
(8) In sub-section (7), "State" includes the Northern Territory.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 9
Amount of bounty
SECT
9. (1) The bounty payable in respect of a bountiable product is an amount
equal to the relevant percentage of the sales value of the prescribed plate
and prescribed strip used in the production of the bountiable product.
(2) For the purposes of this section, the relevant percentage in relation to
a bountiable product is such percentage as, having regard to the notional
annual industry hot-rolled feed usage tonnage applicable to the bountiable
product for the quarter during which the last prescribed step in the
production of the bountiable product was completed, is applicable in
accordance with-
(a) if the bountiable product is bountiable plate produced before 20 August
1986-Schedule 1;
(b) if the bountiable product is bountiable sheet produced before that
day-Schedule 2;
(c) if the bountiable product is bountiable tube produced before that
day-Schedule 3.
(d) if the bountiable product is bountiable plate produced on or after that
day-Schedule 4;
(e) if the bountiable product is bountiable sheet produced on or after that
day-Schedule 5;
(f) if the bountiable product is bountiable tube produced on or after that
day-Schedule 6;
(3) A reference in this Act to the notional annual industry hot-rolled feed
usage tonnage applicable to a bountiable product for a quarter is a reference
to the tonnage ascertained by-
(a) in relation to bountiable plate-multiplying the total tonnage of
prescribed plate and prescribed strip used in the production of bountiable
plate during the quarter, being the total tonnage of prescribed plate and
prescribed strip so used as determined by the Comptroller-General by
instrument in writing, by 4;
(b) in relation to bountiable sheet-multiplying the total tonnage of
prescribed plate and prescribed strip used in the production of bountiable
sheet during the quarter, being the total tonnage of prescribed plate and
prescribed strip so used as determined by the Comptroller-General by
instrument in writing, by 4; and
(c) in relation to bountiable tube-multiplying the total tonnage of
prescribed plate and prescribed strip used in the production of bountiable
tube during the quarter, being the total tonnage of prescribed plate and
prescribed strip so used as determined by the Comptroller-General by
instrument in writing, by 4.
(4) Bounty is not payable in respect of bountiable plate if the last
prescribed step in the production of the bountiable plate was completed during
a quarter for which the notional annual industry hot-rolled feed usage tonnage
applicable to bountiable plate is greater than 8,800 tonnes.
(5) Bounty is not payable in respect of bountiable sheet if the last
prescribed step in the production of the bountiable sheet was completed during
a quarter for which the notional annual industry hot-rolled feed usage tonnage
applicable to bountiable sheet is greater that 900,000 tonnes.
(6) Bounty is not payable in respect of bountiable tube if the last
prescribed step in the production of the bountiable tube was completed during
a quarter for which the notional annual industry hot-rolled feed usage tonnage
applicable to bountiable tube is greater that 500,000 tonnes.
(7) The regulations may prescribe a factor in relation to a number specified
in column 1 or 2 of a Schedule and, where a factor is so prescribed, then, for
the purpose of calculating the bounty payable in respect of bountiable
products in relation to which that Schedule is applicable and in respect of
which bounty becomes payable during a quarter in relation to which the
regulations prescribing the factor are applicable, the number in relation to
which the factor is so prescribed shall be multiplied by the factor.
(8) Where regulations made by virtue of sub-section (7) prescribed a factor
in relation to the number 8,800 specified in column 1 of Schedule 1,
sub-section (4) has effect as if the reference in that sub-section to 8,800
were a reference to the number ascertained by multiplying 8,800 by the factor.
(9) Where regulations made by virtue of sub-section (7) prescribe a factor
in relation to the number 900,000 specified in column 1 of Schedule 2,
sub-section (5) has effect as if the reference in that sub-section to 900,000
were a reference to the number ascertained by multiplying 900,000 by the
factor.
(10) Where regulations made by virtue of sub-section (7) prescribe a factor
in relation to the number 500,000 specified in column 1 of Schedule 3,
sub-section (6) has effect as if the reference in that sub-section to 500,000
were a reference to the number ascertained by multiplying 500,000 by the
factor.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 10
Limit of available bounty
SECT
10. (1) Subject to sub-section (2), the amounts available for payment of
bounty in respect of a bounty period are-
(a) in respect of bountiable plate-$600,000;
(b) in respect of bountiable sheet-$40,000,000;
(c) in respect of bountiable tube-$22,000,000.
(2) The regulations may prescribe a factor for the purposes of paragraph (1)
(a), (b) or (c) in respect of a bounty period, and, where a factor is so
prescribed, then, for the purpose of ascertaining the amount available for
payment of bounty in respect of bountiable products in relation to which that
paragraph is applicable and in respect of which bounty becomes payable during
that bounty period, the amount specified in that paragraph, shall be
multiplied by that factor.
(3) Where the amount available for payment of bounty in respect of
bountiable plate, bountiable sheet or bountiable tube in respect of which
bounty becomes payable during a bounty period is insufficient for the payment
in full of all valid claims in respect of that bountiable plate, bountiable
sheet or bountiable tube, as the case may be, the bounty otherwise payable in
respect of each of those claims shall be reduced to an amount that bears the
same proportion to the amount of the claim as the amount so available bears
to the total amount of all those claims.
(4) If the Comptroller-General is of the opinion that the amount available
for payment of bounty in respect of bountiable plate, bountiable sheet or
bountiable tube in respect of which bounty will become payable during a bounty
period will be insufficient for the payment in full of all valid claims in
respect of that bountiable plate, bountiable sheet or bountiable tube, as the
case may be, he may withhold payment of the whole or any part of the bounty
otherwise payable upon such a claim until he has ascertained the total amount
of all those claims.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 11
Advances on account of bounty
SECT
11. (1) An advance on account of bounty may be made to a person on such
terms and conditions 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 a particular product, an amount that exceeds the amount of bounty payable
to the person in respect of that product, the person 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
that may become payable to the person and the bounty does not become payable
to the person, the person is liable to repay to the Commonwealth the amount so
received.
(4) If, at the expiration of an accounting period of a producer of
bountiable products, the producer has received, by way of advances on account
of bounty that may become payable to the producer during that period in
respect of bountiable products, an amount that exceeds the sum of-
(a) the amount of bounty that became payable to the producer during that
period in respect of bountiable products; and
(b) the amount or amounts (if any) paid to the producer during that period
in respect of bountiable products that the producer is liable to repay to the
Commonwealth by virtue of sub-section (2) or (3),
the producer is liable to repay to the Commonwealth the amount of the excess.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 12
Claims for payment of bounty
SECT
12. (1) Subject to sub-section (2), a person who claims to be entitled to be
paid an amount of bounty in respect of bountiable products may lodge a claim
for payment to the person of the amount.
(2) A claim may not be made for an amount of bounty that is less than $200
or, if another amount is prescribed, that other amount.
(3) A claim under sub-section (1) in respect of bountiable goods 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 section 12D; and
(d) be lodged with a Collector for a State, or with the
Comptroller-General, within 12 months after the day on which the last
condition for the payment of bounty in respect of those goods became
satisfied.
(4) As soon as practicable after the lodgment of the claim, the
Comptroller-General shall, after examining the claim and causing such
inquiries as the Comptroller-General considers necessary to be made (including
inquiries involving the exercise of powers under sections 18 and 19)-
(a) if the Comptroller-General is satisfied that the claim complies with
sub-section (3) 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 bountiable goods to which the claim relates-
(i) except where sub-paragraph (ii) applies-approve, in writing,
payment
of the amount; or
(ii) where-
(A) the amount is different from the amount for which the claim was
made;
(B) the difference between those amounts is less than $50; and
(C) the Comptroller-General is satisfied that the difference is not
attributable to the person who made the claim deliberately overclaiming or
underclaiming the amount of bounty,
approve, in writing, payment of the amount claimed; or
(b) if the Comptroller-General is not so satisfied-refuse, in writing, to
approve payment of bounty in respect of the goods to which the claim relates.
(5) Where the Comptroller-General makes a decision under sub-section (4) in
relation to a claim approving, or refusing to approve, payment of bounty, not
being a decision approving payment of the amount of bounty claimed that is
made within 30 days after the lodging of the claim, the Comptroller-General
shall cause to be served on the person who lodged the claim a notice in
writing setting out the decision.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 12A
Variation of inadequate claim
SECT
12A. (1) Where a person who has lodged a claim under section 12 (whether or
not the claim has been dealt with under sub-section 12 (4)) considers that the
claim was, because of an inadvertent error, a claim for an amount of bounty in
respect of bountiable products that was less than the amount of bounty that
the person was entitled to claim in respect of those goods, the person may
lodge a claim for payment to the person of the difference between the 2
amounts.
(2) A claim under sub-section (1) in respect of bountiable products 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 section 12D; and
(d) be lodged with a Collector for a State, or with the
Comptroller-General, within 12 months after the day on which the last
condition for payment of bounty in respect of those goods became satisfied.
(3) Where a claim under sub-section (1) relates to a claim under section 12
that has not been dealt with under sub-section 12 (4), the 2 claims shall be
dealt with under sub-section 12 (4) as if they were one claim under section
12.
(4) As soon as practicable after the lodgment of a claim under sub-section
(1) to which sub-section (3) does not apply, the Comptroller-General shall,
after examining the claim and causing such inquiries as the
Comptroller-General considers necessary to be made (including inquiries
involving the exercise of powers under sections 18 and 19)-
(a) if the Comptroller-General is satisfied that the claim complies with
sub-section (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 bountiable goods to which the claim relates-approve, in writing,
payment of the additional amount; or
(b) if the Comptroller-General is not so satisfied-refuse, in writing, to
approve payment of an additional amount of bounty in respect of the goods to
which the claim relates.
(5) Where the Comptroller-General makes a decision under sub-section (4) in
relation to a claim approving, or refusing to approve, payment of an
additional amount of bounty, not being a decision approving payment of the
additional amount claimed that is made within 30 days after the lodging of the
claim, the Comptroller-General shall cause to be served on the person who
lodged the claim a notice in writing setting out the decision.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 12B
Variation of excessive claim
SECT
12B. (1) Where a person who has lodged a claim under section 12 (whether or
not the claim has been dealt with under sub-section 12 (3)) becomes aware that
the claim is for an amount of bounty in respect of bountiable products that
exceeds the amount of bounty that the person was entitled to claim in respect
of those products by more than $100, the person shall, within 28 days after
discovering the excess, lodge an acknowledgment of the excess, being an
acknowledgment that complies with sub-section (2).
Penalty:
(a) in the case of a natural person-$1,000; or
(b) in the case of a body corporate-$5,000.
(2) An acknowledgment under sub-section (1) in respect of bountiable
products 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 section 12D; and
(d) be lodged with a Collector for a State or Territory or with the
Comptroller-General.
(3) Where an acknowledgment relates to a claim under section 12 that has not
been dealt with under sub-section 12 (3), the claim shall be dealt with under
that sub-section as if it had been amended in accordance with the
acknowledgment.
(4) Where the Comptroller-General, after examining an acknowledgment under
sub-section (1) to which sub-section (3) does not apply and causing such
inquiries as the Comptroller-General considers necessary to be made (including
inquiries under sections 18 and 19), is satisfied 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 that person is liable to repay that amount
to the Commonwealth.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 12C
Other adjustments of claims
SECT
12C. (1) Subject to sub-section (2), if the Comptroller-General becomes
satisfied, otherwise than after examining an acknowledgment under section 12B,
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 person who lodged the
claim a demand for repayment of the amount of the overpayment, and that person
is liable to repay that amount to the Commonwealth.
(2) Where-
(a) the amount of an overpayment of a claim for bounty, being an
overpayment referred to in sub-section (1), is not higher than $25,000; and
(b) the Comptroller-General is satisfied-
(i) that-
(A) the overpayment was due to an error that did not involve any
failure on the part of the person who lodged the claim to comply with this
Act; and
(B) the repayment of the amount of the overpayment would be
unreasonable or would cause undue hardship to that person; or
(ii) that-
(A) the cost of endeavouring to recover the overpayment is so high;
and
(B) the amount likely to be recovered as a result of endeavouring to
recover the overpayment is so low,
that taking action to recover the overpayment would not be justified, the
Comptroller-General may refrain from causing a demand for repayment of the
amount of the overpayment to be served in accordance with that sub-section.
(3) Where, in accordance with sub-section (2), the Comptroller-General
refrains from causing a demand for repayment of the amount of an overpayment
to be served in accordance with sub-section (1), particulars of the amount
shall be included in the return under section 22 for the year in which the
Comptroller-General so refrained.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 12D
Forms
SECT
12D. (1) Where, under this Act, a claim, acknowledgment, return or statement
lodged by a person in accordance with an approved form is required to be
signed and witnessed as required by this section, the form shall-
(a) where the person is a natural person, be signed personally in the
presence of a witness by-
(i) the person; or
(ii) another natural person authorised by the first-mentioned person to
sign forms under this Act on behalf of the first-mentioned person;
(b) where the person is a body corporate, be-
(i) under the seal of the first-mentioned person; or
(ii) signed personally in the presence of a witness by a natural person
authorised by the first-mentioned person to sign forms under this Act on
behalf of the first-mentioned person; and
(c) where the form is required to be signed by a natural person in the
presence of a witness, state the name and address of the witness and contain a
declaration signed by the witness stating that the form was signed in the
presence of the witness.
(2) For the purposes of this section, a person shall be taken to have
authorised another person to sign forms under this Act on behalf of the
first-mentioned person if, and only if, the first-mentioned person has so
authorised the other person in writing delivered to the Comptroller-General,
being writing-
(a) where the first-mentioned person is a natural person, that-
(i) is signed personally in the presence of a witness by the
first-mentioned person; and
(ii) states the name and address of the witness and contains a
declaration signed by the witness stating that the writing was signed in the
presence of the witness; or
(b) where the first-mentioned person is a body corporate-under the seal of
the first-mentioned person
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 12E
Recovery of repayments
SECT
12E. (1) Where a person is liable to repay an amount to the Commonwealth
under section 11, 12B or 12C, the Commonwealth may recover that amount as a
debt due to the Commonwealth by action in a court of competent jurisdiction.
(2) Where a person is liable to repay an amount to the Commonwealth under
section 11, 12B or 12C, that amount may be deducted from any other amount that
is payable to the person under this Act, the Bounty (Steel Products) Act 1983
or the Bounty (High Alloy Steel Products) Act 1983 and, where the
first-mentioned amount is so deducted, the other amount shall, notwithstanding
the deduction, be deemed to have been paid in full to the person.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 13
Registration of premises
SECT
13. (1) The regulations may prescribe conditions to be complied with, for
the purposes of this Act, in relation to the production of bountiable products
at registered premises.
(2) Where a person carries on, or proposes to carry on, the production of a
class of bountiable products at any premises, the Comptroller-General may-
(a) of his own motion; or
(b) upon application to do so being made to him by the person,
register the premises, for the purposes of this Act, in respect of that class
of bountiable products.
(3) If conditions have been prescribed under sub-section (1) that are
applicable to the production of that class of bountiable products at
registered premises, the Comptroller-General shall not register the premises
in respect of that class of bountiable products unless he is satisfied that
the conditions will be complied with.
(4) The Comptroller-General may require an applicant under this section to
furnish such information as the Comptroller-General considers necessary for
the purposes of this Act, and may refuse to register the premises, or refuse
to register the premises in accordance with the application, until the
information is furnished to his satisfaction.
(5) Where an applicant under this section was not, on 11 August 1983,
engaged, at the premises to which the application relates, in the production
of bountiable products included in the class of bountiable products to which
the application relates, the Comptroller-General shall refuse to register
those premises in respect of that class of bountiable products unless, in the
opinion of the Comptroller-General, the registration of those premises in
respect of that class of bountiable products will promote the orderly
development in Australia of the industry producing bountiable products
included in that class of bountiable products.
(6) Where the Comptroller-General makes a decision under this section
refusing an application to register premises in respect of a class of
bountiable products, he shall cause to be served, either personally or by
post, on the applicant a notice in writing setting out the decision.
(7) Subject to sub-sections (3), (4) and (5), if, in the opinion of the
Comptroller-General, bountiable products included in the class of bountiable
products to which the application relates are, or are proposed to be, produced
at the premises to which the application relates, he shall, by notice in
writing served, either personally or by post, on the applicant, register those
premises in the name of the applicant, for the purposes of this Act, in
respect of that class of bountiable products.
(8) If the Comptroller-General so determines by instrument in writing, the
registration shall be deemed to have taken effect on and from a date specified
by the Comptroller-General, being a date not earlier than 1 January 1984.
(9) Upon application in writing made to the Comptroller-General by-
(a) the person in whose name premises are registered under this section;
and
(b) a person who carries on, or proposes to carry on, the production, at
those premises, of bountiable products included in a class of bountiable
products in respect of which those premises are registered,
the Comptroller-General shall, by notice in writing served, either personally
or by post, on the person referred to in paragraph (b), transfer the
registration of those premises in respect of that class of bountiable products
to the name of that person, with effect from such date as the
Comptroller-General specifies in the notice, being a date not earlier than 6
months before the day on which that application was made.
(10) Where the Comptroller-General is satisfied, in respect of any
registered premises-
(a) that bountiable products are not being produced at those premises; or
(b) that the production of bountiable products at those premises is not
being carried on by a person in whose name those premises are registered,
the Comptroller-General may, by notice in writing served, either personally or
by post, on the occupier of those premises, and, if the occupier is not the
person in whose name those premises are registered, on that person, cancel the
registration of those premises.
(11) Where the Comptroller-General is satisfied, in respect of any
registered premises-
(a) that bountiable products are being produced at those premises, but that
bountiable products included in a class of bountiable products in respect of
which those premises are registered are not being produced at those premises;
(b) that the production of bountiable products at those premises is being
carried on by a person in whose name those premises are registered, but that
the production of bountiable products included in a class of bountiable
products in respect of which those premises are registered is not being
carried on by the person in whose name those premises are registered in
respect of that class of bountiable products; or
(c) if any conditions have been prescribed under sub-section (1) that are
applicable to the production of a class of bountiable products in respect of
which those premises are registered-that bountiable products included in that
class of bountiable products are being produced at those premises otherwise
than in accordance with the conditions,
the Comptroller-General may, by notice in writing served, either personally or
by post, on the person in whose name those premises are registered in respect
of that class of bountiable products, cancel the registration of those
premises in respect of that class of bountiable products.
(12) For the purpose of the application of section 29 of the Acts
Interpretation Act 1901 to the service by post of a notice under sub-section
(10) of this section, such a notice posted as a letter addressed to the
occupier, or to the person in whose name those premises are registered, at
those premises shall be deemed to be properly addressed.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 14
Accounts, &c.
SECT
14. A person is not entitled to bounty unless he keeps, to the satisfaction
of the Comptroller-General, accounts, books, documents and other records
showing, from time to time, particulars relating to the production (including
the cost of production) and sale of bountiable products and such other
information in relation to bountiable products, and in relation to prescribed
plate and prescribed strip used in the production of bountiable products, as
the Comptroller-General, by notice in writing served, either personally or by
post, on the person, requires.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 15
Securities
SECT
15. The Comptroller-General may by notice in writing served, either
personally or by post, 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 him with the provisions of this Act and the
regulations, or for the purpose of an undertaking given by him for the
purposes of this Act or the regulations, and, where a person is so required to
give security, he is not entitled to bounty, or an advance on account of
bounty, unless he gives security in accordance with the requirement.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 16
Producers to furnish returns
SECT
16. (1) Within 28 days after the end of each month of the year during a
bounty period, a producer of bountiable products shall lodge a return with
respect to-
(a) the bountiable products produced by him and the bountiable products
that he proposes to produce; and
(b) the prescribed plate and prescribed strip used, and proposed to be
used, in the production by him of bountiable products.
(2) The return 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 the Comptroller-General or a Collector.
(3) A producer of bountiable products shall not-
(a) refuse or fail to comply with this section to the extent that he is
capable of complying with it; or
(b) in purported compliance with this section, furnish information that is
or estimates that are, to his knowledge, false or misleading in a material
particular.
Penalty for contravention of this sub-section: $1,000.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 17
Appointment of authorised officers
SECT
17. (1) The Comptroller-General may, by writing signed by him, 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 authorized officer, or authorized officers, for the purposes of this
Act.
(2) In sub-section (1), "officer" means an Officer of Customs within the
meaning of the Customs Act 1901.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 18
Stock-taking and inspection of production and accounts, &c.
SECT
18. (1) For the purposes of this Act, an authorized officer may, at all
reasonable times, enter-
(a) registered premises;
(b) premises where there is stored a bountiable product in respect of which
bounty has been claimed, or, in the opinion of the authorized officer, is
likely to be claimed or a product produced from such a bountiable product by
the producer of the bountiable product; or
(c) premises where there are kept any accounts, books, documents or other
records relating to the production, storage, sale or other disposal, use or
intended use of a bountiable product, any product produced from a bountiable
product by the producer of the bountiable product, any product used in the
production of a bountiable product or any product from which a product used in
the production of a bountiable product was produced,
and may-
(d) inspect or take stock of any product of a kind referred to in paragraph
(c);
(e) inspect any process in the production of any product of a kind referred
to in paragraph (c); and
(f) inspect the accounts, books, documents and other records relating to
the production (including the cost of production), sale or other disposal, use
or intended use of a product of a kind referred to in paragraph (c),
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) or (c), shall provide the authorized officer
with all reasonable facilities and assistance for the effective exercise of
his powers under this section.
Penalty for contravention of this sub-section: $1,000.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 19
Power to require persons to answer questions and produce documents
SECT
19. (1) A Collector or an authorized officer may, by notice signed by him,
require a person whom he believes to be capable of giving information relevant
to the operation of this Act in relation to the production (including the cost
of production), sale or other disposal, use or intended use of a product of a
kind referred to in paragraph 18 (1)(c), to attend before him at the time and
place specified in the notice and there to answer questions and to produce to
him such accounts, books, documents and other records in relation to the
production (including the cost of production), sale or other disposal, use or
intended use of such a product as are referred to in the notice.
(2) A notice under sub-section (1) requiring a person to produce an account,
book, document or record shall set out the effect of sub-section (3).
(3) A person who, in pursuance of a notice under sub-section (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.
(4) A Collector or an authorized officer may make and retain copies of, or
take and retain extracts from, any accounts, books, documents or other records
produced in pursuance of this section.
(5) A person is not excused from answering a question or producing any
accounts, books, documents or other records when required to do so under this
section on the ground that the answer to the question, or the production of
the accounts, books, documents or other records, might tend to incriminate him
or make him liable to a penalty, but his answer to any such question, or the
production by him of any such account, book, document or other record is not
admissible in evidence against him in criminal proceedings other than
proceedings under, or arising out of, sub-section (3) of this section,
sub-section 21 (1) by virtue of paragraph 21 (1) (c) or sub-section 21 (3) by
virtue of paragraph 21 (3) (a), being that last-mentioned paragraph in its
application to the making of a statement in pursuance of this section.
(6) Where a producer of bountiable products, or a person employed by a
producer of bountiable products, 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 producer, unless the
Comptroller-General otherwise directs by instrument in writing, until the
producer or that person, as the case may be, has attended, answered the
question or produced the account, book, document or other record, as the case
may be.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 20
Power to examine on oath, &c.
SECT
20. (1) A Collector or an authorized officer may examine, on oath or
affirmation, a person attending before him in pursuance of section 19 and, for
that purpose, may administer an oath or affirmation to the person.
(2) The oath or affirmation to be made by a person for the purposes of
sub-section (1) is an oath or affirmation that the answers he will give to
questions asked of him will be true.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 21
Offences
SECT
21. (1) A person shall not, without reasonable excuse, refuse or fail-
(a) to attend before a Collector or an authorized officer;
(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 or attempt to 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 officer 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 his knowledge false or misleading in a
material particular; or
(b) present (otherwise than in pursuance of sub-section 19 (1)) to an
authorized officer 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 his knowledge false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(4) Where a person is convicted of an offence against sub-section (2) or
(3), the court may, in addition to imposing a penalty under that sub-section,
order the person to refund to the Commonwealth the amount of any bounty
wrongfully obtained by him.
(5) Where a court has made an order under sub-section (4), a certificate
signed by the appropriate officer of the court specifying the amount ordered
to be refunded and the person by whom the amount is refundable may be filed in
a court having civil jurisdiction to the extent of the amount and is thereupon
enforceable in all respects as a final judgment of that court.
(6) In this section, "bounty" includes an advance on account of bounty under
section 11.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 22
Return for Parliament
SECT
22. (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
financial year;
(b) the amount of bounty paid to each person in that financial 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 this section, "bounty" includes an advance on account of bounty under
section 11.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 23
Delegation
SECT
23. (1) The Minister may, either generally or otherwise as provided in the
instrument of delegation, by writing signed by him, delegate to a person all
or 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 (STEEL MILL PRODUCTS) ACT 1983 - SECT 24
Application for review
SECT
24. (1) Applications may be made to the Administrative Appeals Tribunal for
review of-
(a) a determination or estimation by the Comptroller-General under section
6; (b) a decision of the Comptroller-General under paragraph 12 (4)(a)
approving payment of bounty;
(ba) a decision of the Comptroller-General under paragraph 12 (4)(b)
refusing to approve payment of bounty;
(bb) a decision of the Comptroller-General under paragraph 12A (4)(a)
approving a payment;
(bc) a decision of the Comptroller-General under paragraph 12A (4)(b)
refusing to approve a payment;
(bd) a decision of the Comptroller-General for the purposes of sub-section
12B (4);
(be) a decision of the Comptroller-General for the purposes of sub-section
12C (1);
(c) a decision of the Comptroller-General under section 13 refusing to
register premises, not being a refusal by virtue of sub-section 13 (5);
(d) a decision of the Comptroller-General under sub-section 13 (7), (8),
(9), (10) or (11); or
(e) a requirement by the Comptroller-General under section 15.
(2) In sub-section (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 25
Statement to accompany notice of decision
SECT
25. (1) Where the Comptroller-General or a delegate of the
Comptroller-General makes a determination, decision or requirement of a kind
referred to in sub-section 24 (1) and gives to the person or persons whose
interests are affected by the determination, decision or requirement notice in
writing of the making of the determination, decision or requirement, 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 determination, decision or
requirement to which the notice relates by or on behalf of the person or
persons whose interests are affected by the determination, decision or
requirement.
(2) Any failure to comply with the requirements of sub-section (1) in
relation to a determination, decision or requirement does not affect the
validity of the determination, decision or requirement.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 26
Appropriation
SECT
26. Bounty is payable out of the Consolidated Revenue Fund, which is
appropriated accordingly.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SECT 27
Regulations
SECT
27. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters-
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) The power to make regulations conferred by this Act shall not be taken,
by implication, not to include the power to make provision for or in relation
to a matter by reason only of the fact that provision is made by this Act in
relation to that matter or another matter.
(3) The power to make regulations conferred by this Act may be exercised-
(a) in relation to all cases to which the power extends, all those cases
subject to specified exceptions or any specified cases or classes of cases;
and
(b) so as to make, in respect of the cases in relation to which it is
exercised, the same provision for all those cases or a different provision for
different cases or classes of cases.
BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SCHEDULE 1
SCH
SCHEDULE 1 Section
9
BOUNTIABLE PLATE
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--
Column 1 Column
2
Number of tonnes in the notional annual industry hot-rolled feed usage
tonnage applicable to bountiable plate for the quarter
Percentage
------------------------------------------------------------------------------
--
5,000 or less ......................................................
20
more than 5,000, but not more than 5,200 ...........................
19
more than 5,200, but not more than 5,400 ...........................
18
more than 5,400, but not more than 5,600 ...........................
17
more than 5,600, but not more than 5,800 ...........................
16
more than 5,800, but not more than 6,000 ...........................
15
more than 6,000, but not more than 6,200 ...........................
14
more than 6,200, but not more than 6,400 ...........................
13
more than 6,400, but not more than 6,600 ...........................
12
more than 6,600, but not more than 6,800 ...........................
11
more than 6,800, but not more than 7,000 ...........................
10
more than 7,000, but not more than 7,200 ...........................
9
more than 7,200, but not more than 7,400 ...........................
8
more than 7,400, but not more than 7,600 ...........................
7
more than 7,600, but not more than 7,800 ...........................
6
more than 7,800, but not more than 8,000 ...........................
5
more than 8,000, but not more than 8,200 ...........................
4
more than 8,200, but not more than 8,400 ...........................
3
more than 8,400, but not more than 8,600 ...........................
2
more than 8,600, but not more than 8,800 ...........................
1
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BOUNTY (STEEL MILL PRODUCTS) ACT 1983 - SCHEDULE 2
SCH
SCHEDULE 2 Section
9
BOUNTIABLE SHEET
------------------------------------------------------------------------------
--
Column 1 Column
2
Number of tonnes in the notional annual industry hot-rolled feed usage
tonnage applicable to bountiable sheet for the quarter
Percentage
------------------------------------------------------------------------------
--
700,000 or less .....................................................
17
more than 700,000, but not more than 750,000 ........................
16
more than 750,000, but not more than 770,000 ........................
15
more than 770,000, but not more than 790,000 ........................
14
more than 790,000, but not more than 810,000 ........................
13
more than 810,000, but not more than 830,000 ........................
12
more than 830,000, but not more than 850,000 ........................
11
more than 850,000, but not more than 860,000 ........................
9
more than 860,000, but not more than 870,000 ........................
7
more than 870,000, but not more than 880,000 ........................
5
more than 880,000, but not more than 890,000 ........................
3
more than 890,000, but not more than 900,000 ........................
1
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