Coal Excise Regulations 1949 (Cth)

Coal Excise Regulations 1949

Statutory Rules 1949 No. 112 as amended

made under the

Coal Excise Act 1949

This compilation was prepared on 23 August 2001

taking into account amendments up to SR 2001 No. 223

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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1Name of Regulations [see Note 1]

 These Regulations are the Coal Excise Regulations 1949.

2Interpretation

 In these Regulations, the Act means the Coal Excise Act 1949.

3Forms

 In these Regulations, any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

4Licence-fee

 The annual licence-fee shall be nil.

5Application for licence

 An application for a licence shall be in accordance with Form 1.

6Licence

 A licence shall be in accordance with Form 2.

7Returns

A return referred to in section 22 of the Act shall be:

• (a)

  in accordance with Form 3;

• (b)

  verified by the declaration contained in that form;

• (c)

  prepared in respect of such period as is approved by the Collector in pursuance of subsection (2) of section 24 of the Act; and

• (d)

  rendered to the Collector within 28 days after the expiration of the period to which it relates.

9Declarations by agents

• (1)

  Forms containing declarations may be signed by a duly authorized agent in cases where the principal is legally incapable of making a declaration.

• (2)

  An officer may require from any agent the production of a written authority from the principal for whom the agent claims to act and in default of the production of such authority may refuse to recognize the agency.

• (3)

  A declaration made by an agent in pursuance of this regulation shall be held to have been made with the knowledge and consent of the principal, so that in any prosecution in respect of any declaration made by any such agent the principal shall be liable only to the pecuniary punishment provided by the Act or these Regulations as if such declaration had been made by the principal.

• (4)

  An authority under this regulation may be in accordance with Form 5.

10False or misleading statement

 A person shall not knowingly:

• (a)

  make a declaration; or

• (b)

  render a return;

 under these Regulations which is false or misleading in any particular.

The Schedule

(regulation 5)

Form 1Application for a licence to produce coal

Commonwealth of Australia

Coal Excise Act 1949

APPLICATION FOR A LICENCE TO PRODUCE COAL

To the Collector

I, (a) of (b) hereby apply for a licence to produce coal.

The production of coal is to be carried on at (c)

and the coal mine is known as (d).

Attached to this application is a plan showing the whole of the area in which the production of coal is to be carried on.

I declare that the statements contained in this application are true in every particular.

Dated this day of 20 .

 Applicant

(a) Full name of applicant.

(b) Full address of applicant.

(c) Full description of locality.

(d) Name (if any) of coal mine.

Form 2Licence to produce coal

(regulation 6)

Commonwealth of Australia

Coal Excise Act 1949

LICENCE TO PRODUCE COAL

In pursuance of section twelve of the Coal Excise Act 1949.

of

is hereby licensed to produce coal at the coal mine known as and situated at 

Dated this day of 20 .

 Collector

Form 3

(regulation 7)

Commonwealth of Australia

Coal Excise Act 1949

RETURN OF COAL PRODUCED AND REMOVED BY (a)

DURING THE PRIOD FROM MIDNIGHT ON THE   DAY

OF 20 , TO MIDNIGHT  ON

THE  DAY OF , 20 .

Name and location of coal mine Number of tonnes of coal produced Number of tonnes of coal removed for home consumption Number of tonnes of coal removed for exportation

I, (b) , the (c), hereby declare that the above return is true and correct in every particular.

(Signature of person making declaration.)

Declared at the  day of , 20 .

Before me,

(Description of person taking declaration.)

(a)Insert name of producer.

(b) Insert name of person making declaration.

(c) Insert “abovementioned producer” or “authorized agent of the abovementioned producer” whichever is applicable.

Form 5Authority to agent to sign declarations

(regulation 9)

Commonwealth of Australia

Coal Excise Regulations 1949

AUTHORITY TO AGENT TO SIGN DECLARATIONS

(a) hereby authorizes (b)

(whose signature appears below) to sign as it agent forms containing declarations prescribed by the Coal Excise Regulations 1949.

Dated at the day

of 20 .

In witness whereof the Common Seal of the (c)

was affixed hereto in the presence of

Person authorized.

To the Collector

(a)Name of principal.

(b) Name of person authorized.

(c) “Company”, “Corporation”, or as the case may be.

Notes to the Coal Excise Regulations 1949

Note 1

The Coal Excise Regulations 1949 (in force under the Coal Excise Act 1949) as shown in this compilation comprise Statutory Rules 1949 No. 112 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1949 No. 112	1 Dec 1949	1 Dec 1949
1951 No. 104	18 Sept 1951	18 Sept 1951	—
1961 No. 79	30 June 1961	30 June 1961	—
1967 No. 33	30 Mar 1967	30 Mar 1967	—
1969 No. 78	29 May 1969	29 May 1969	R. 2
1969 No. 207	18 Dec 1969	18 Dec 1969	R. 2
1972 No. 95	29 June 1972	1 July 1972	—
1981 No. 150	23 June 1981	23 June 1981	—
2001 No. 83	4 May 2001	4 May 2001	—
2001 No. 223	23 Aug 2001	23 Aug 2001	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	rs. 2001 No. 83
R. 4..........................................	am. 1967 No. 33; 1969 No. 207; 2001 No. 223
R. 7..........................................	am. 1981 No. 150
R. 8..........................................	rs. 1967 No. 33
rep. 1969 No. 78
R. 8A.......................................	ad. 1961 No. 79
rep. 1967 No. 33
R. 9..........................................	am. 2001 No. 83
The Schedule.........................	am. 1951 No. 104; 1961 No.  79; 1967 No. 33; 1972 No. 95; 2001 No. 83