Copper Bounty Regulations (Cth)

STATUTORY RULES.

1958. No. 75

REGULATIONS UNDER THE COPPER BOUNTY ACT 1958.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the CopperBountyAct 1958.

Dated this fourth

day of November, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) Dennam Henty

Minister of State for Customs and Excise.

COPPER BOUNTY REGULATIONS.

Short title.

1. These Regulations may be cited as the Copper Bounty Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed in pursuance of regulation 6 of these Regulations to be an authorized agent for the purposes of these Regulations;

“occupier’s declaration”, in relation to an application for bounty on refined copper, means a declaration executed by the occupier of the smelting-works at which was smelted the copper ore or copper concentrate from which the refined copper was obtained, or by the authorized agent of that occupier;

“producer’s declaration”, in relation to an application for bounty on refined copper, means a declaration executed by the producer of the refined copper, or by the authorized agent of that producer;

“quarter” means the period of three months which commences on the first day of July, the first day of October, the first day of January or the first day of April in a year to which the Act applies;

“small producer” means a producer of refined copper approved, in pursuance of regulation 3 of these Regulations, as a small producer for the purposes of these Regulations;

“the Act” means the CopperBountyAct 1958.

(2.) In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in the Schedule to these Regulations.

* Notified in the CommonwealthGazette on 6 November, 1958.

7068/58.—Price 5d. 9/24.10.1958.

Approval of small producers.

3.—(1.) A producer of refined copper may make application to the Comptroller-General to be approved as a small producer for the purposes of these Regulations.

(2.) An application for approval as a small producer shall be in accordance with Form 1, and shall be signed by the applicant in the presence of a witness.

(3.) The Comptroller-General may require an applicant under this regulation to furnish such information as the Comptroller-General considers necessary for the purposes of this regulation, and may refuse to approve the applicant as a small producer until the information is furnished to his satisfaction.

(4.) Subject to the last preceding sub-regulation, if, in the opinion of the Comptroller-General, the quantity of refined copper likely to be obtained in a year to which the Act applies from ore produced in Australia by the producer is less than fifty tons, he may approve the applicant as a small producer for the purposes of these Regulations.

(5.) Where the Comptroller-General is satisfied that not less than fifty tons of refined copper has been obtained, or is likely to be obtained, in a year to which the Act applies from ore produced in Australia by a producer approved as a small producer under the last preceding sub-regulation, he may, by notice in writing served by post on the producer, cancel the approval of the producer as a small producer, and the producer shall, upon the posting of the notice, cease to be a small producer for the purposes of these Regulations.

Application for bounty.

4.—(1.) An application for bounty on refined copper sold on or after the nineteenth day of May, 1958, and before the first day of October, 1958, shall be lodged with the Comptroller-General not later than the thirty-first day of December, 1958.

(2.) An application for bounty on refined copper sold on or after the first day of October, 1958, shall be lodged with the Comptroller-General—

(a) in the case of an application by a small producer who has authorized the occupier of a smelting-works to receive payment of the bounty on that refined copper—not later than sixty days after the expiration of the quarter in which the refined copper was sold; and

(b) in the case of an application by any other producer—after the expiration of the quarter in which the refined copper was sold but not later than sixty days after the expiration of that quarter.

(3.) Where application for bounty on refined copper is made by a small producer who has authorized the occupier of a smelting-works to receive payment of the bounty on that refined copper—

(a) the application shall be accompanied by a producer’s declaration, an occupier’s declaration and the authority authorizing the occupier of the smelting-works to receive payment of the bounty on the refined copper; and

(b) the application, accompanying declarations and authority shall be in accordance with Form 2.

(4.) Where application for bounty on refined copper is made by a producer other than a small producer referred to in the last preceding sub-regulation, the application shall be accompanied by a producer’s declaration, and the application and accompanying declaration shall be in accordance with Form 3.

(5.) A declaration or authority accompanying an application for bounty shall be signed in the presence of a witness.

Payment of bounty to person authorized to receive it.

5. Bounty on any refined copper is not payable to a person authorized by the producer of the refined copper to receive the bounty unless—

(a) that producer is a small producer;

(b) the person authorized to receive the bounty is the occupier of a smelting-works; and

(c) the authority accompanies the application for the bounty on the refined copper.

Authorized agents.

6.—(1.) A producer of refined copper may appoint a person to be his authorized agent for the purposes of executing on his behalf a declaration or authority which the producer is required to execute by, or for the purposes of, the Act or these Regulations, and the authorized agent may execute, on behalf of the producer, such a declaration or authority.

(2.) An occupier of a smelting-works may appoint a person to be his authorized agent for the purposes of executing on his behalf a declaration which the occupier is required to execute by, or for the purposes of, the Act or these Regulations, and the authorized agent may execute, on behalf of the occupier, such a declaration.

(3.) Where a declaration or authority has been executed by an authorized agent, the producer or occupier of the smelting-works, as the case may be, is subject to the same liabilities and penalties as if he had executed the declaration or authority.

(4.) The appointment of an authorized agent shall be in accordance with Form 4, and shall be signed in the presence of a witness and lodged with the Comptroller-General.

THE SCHEDULE.

Form 1.

Regulation 3.

 

Commonwealth of Australia.

CopperBountyAct 1958.

APPLICATION TO BE APPROVED AS A SMALL PRODUCER

To the Comptroller-General of Customs.

(a) Insert full name and address of applicant.

I, (a) , hereby make application to be approved for the purposes of the Copper Bounty Regulations as a small producer of refined copper. I hereby declare that the quantity of refined copper likely to be obtained in a year to which the CopperBountyAct 1958 applies from ore produced by me in Australia is less than fifty tons.

Dated at this day of , 19

(b) Signature of applicant.

(c) Signature and address of witness.

 (c) (b)

THE SCHEDULE—continued.

Form 2.

Regulation 4 (3.).

Commonwealth of Australia.

CopperBountyAct 1958.

APPLICATION BY SMALL PRODUCER FOR BOUNTY.

To the Comptroller-General of Customs.

(a) Insert name and address of small producer.

I, (a)  , hereby apply for bounty in respect of so much of the refined copper to be produced in Australia from ore obtained by me by mining in Australia as is sold for use in Australia.

Particulars relating to the ore are as follows:—

Weight of copper ore, or of copper concentrate, delivered to smelting-works. Date on which delivered to smelting-works. Address of smelting-works to which delivered.

Producer’s Declaration.

(b) Insert full name, address and occupation of person declaring.

I, (b) , hereby declare—

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

1. That I am the (c)  of the ore referred to in the foregoing application for bounty.

(d) Insert “ore” or “concentrate”, whichever is applicable.

2. That the particulars relating to the copper (d)  set out in the foregoing application for bounty are true and correct in every particular.

(e) Strike out paragraph 3 if no copper ore delivered to smelting-works.

(e).3. That the copper ore specified in the foregoing application for bounty was produced by the producer by mining in Australia.

(f) Strike out paragraph 4 if no copper concentrate delivered to smelting-works.

(f) 4. That the copper concentrate specified in the foregoing application for bounty was obtained from ore produced by the producer by mining in Australia.

5. That nothing on my part has been done or omitted to be done, and, to the best of my knowledge and belief, nothing on the part of any other person has been done or omitted to be done, whereby the right of the producer to bounty has been forfeited or taken away.

THE SCHEDULE—continued.

Form 2—continued.

6. That, to the best of my knowledge and belief, no other application for bounty has been made, nor has any bounty been paid or advance under section 18 of the abovementioned Act been made, in respect of the refined copper to be produced from the ore.

7. That the producer was approved by the Comptroller-General of Customs as a small producer for the purposes of the Copper Bounty Regulations and, to the best of my knowledge and belief, that approval is still in force.

Declared at this day of , 19 .

 (g)

(g) Signature of person declaring.

(h)

(h) Signature of witness.

(j)

(j) Occupation and address of witness.

Authority to Receive Bounty.

(k) Insert full name, address and occupation of person giving authority. (l) Insert name of occupier ofsmelting-works.

I, (k), the (c)  of the ore referred to in the foregoing application for bounty hereby authorize (l) the occupier of the smelting-works situated at to receive, as my agent, the bounty payable to the producer of the refined copper obtained from that ore.

(m)

(m) Signature of person giving authority.

(n)

(n) Signature of witness.

(p)

(p) Occupation and address of witness.

Occupier’s Declaration.

(q) Insert full name, address and occupation of person declaring.

I,(q)  , hereby declare—

(r) Insert name of occupier of smelting-works.

1. That I am the authorized agent of (r)  the occupier of the premises registered as a smelting-works under the abovementioned Act and situated at

(s) Insert “fire-refined” or “electrolytically refined”, whichever is applicable.

2. That the copper ore or copper concentrate specified in the foregoing application for bounty was smelted at the smelting-works and that tons of (s) copper was produced in Australia from it and sold for use in Australia.

3. That nothing on my part has been done or omitted to be done, and, to the best of my knowledge and belief, nothing on the part of any other person has been done or omitted to be done, whereby the right of the producer to bounty has been forfeited or taken away.

4. That, to the best of my knowledge and belief, no other application for bounty has been made, nor has any bounty been paid or any advance under section 18 of the abovementioned Act been made, in respect of the refined copper.

THE SCHEDULE—continued.

Form 2—continued.

5. That particulars of the refined copper produced from the copper ore or copper concentrate and sold for use in Australia are as follows:—

Weight of refined copper sold for use in Australia. Date of sale. Rate of bounty. Amount of bounty payable.

Declared at , this day of 19 .

  (t)

(t) Signature of person declaring.

 (u)

(u) Signature of witness.

(v)

(v) Occupation and address of witness.

Form 3.

Regulation 4 (4.).

Commonwealth of Australia.

CopperBountyAct 1958.

APPLICATION FOR BOUNTY.

To the Comptroller-General of Customs.

(a) Insert name and address of producer.

(b) Insert “fire-refined” or “electrolytically refined”, whichever is applicable.

I, (a) , hereby apply for bounty in respect of (b)  copper produced in Australia from ore obtained by me by mining in Australia, being copper which was produced from copper ore or copper concentrate smelted at the smelting-works situated at (c)  and was, in the quarter that commenced on the day of , 19 , sold for use in Australia.

(c) Insert address of smelting-works.

The particulars relating to the refined copper sold in the quarter for use in Australia are as follows:—

Weight of refined copper sold for use in Australia. Date of sale. Rate of bounty. Amount of bounty claimed.

 

THE SCHEDULE—continued.

Form 3—continued.

Producer’s Declaration.

I, (a)  , hereby declare—

(d) Insert full name, address and occupation of person declaring.

1. That for the purposes of the above-mentioned Act, I am the (e)   of the refined copper specified in the foregoing application for bounty.

(e) Insert “producer” or “authorized agent of the producer”, whichever is applicable.

2. That the refined copper was produced in Australia from ore obtained by the producer by mining in Australia.

3. That the refined copper was produced from copper ore or copper concentrate that was smelted at premises registered as a smelting-works under the above-mentioned Act and situated at

4. That the refined copper was sold for use in Australia.

5. That the particulars relating to the refined copper set out in the foregoing application for bounty are true and correct in every particular.

6. That nothing on my part has been done or omitted to be done, and, to the best of my knowledge and belief, nothing on the part of any other person has been done or omitted to be done, whereby the right of the producer to bounty has been forfeited or taken away.

7. That, to the best of my knowledge and belief, no other application for bounty has been made, nor has any bounty been paid or any advance under section 18 of the above-mentioned Act been made, in respect of the refined copper.

Declared at this day of ,19  .

(f) Signature of person declaring.

 (f)

(g) Signature of witness.

(g)

(h) Occupation and address of witness.

(h)

Form 4.

Regulation 6.

Commonwealth of Australia.

CopperBountyAct 1958.

APPOINTMENT OF AUTHORIZED AGENT.

To the Comptroller-General of Customs.

(a) Insert name and address of producer or occupier of smelting works, as the case requires.

I, (a)  , hereby appoints (b) , a specimen of whose signature appears hereunder, to be my authorized agent for the purposes of the Copper Bounty Act 1958 and the regulations made thereunder.

Dated at  this day of , 19 .

(b) Insert name address and occupation of agent.

 (c)

(c) Signature of person making appointment.

 (d) 

(d) Signature and address of witness.

 (e) 

(e) Signature of agent.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra