Cotton Bounty Regulations (Cth)

STATUTORY RULES.

1953. No..

REGULATIONS UNDER THE COTTON BOUNTY ACT 1951-1952.*

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 Cotton Bounty Act 1951-1952.

Dated this  twenty-fourth

day of  January , 1953.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

Cotton Bounty Regulations.

Citation.

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

Definitions.

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

“authorized agent” means a person authorized by a processor in pursuance of regulation 3 of these Regulations;

 “the Act” means the Cotton Bounty Act 1951-1952.

(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.

Authorized agents.

3.—(1.) A processor may appoint a person to be his authorized agent for the purposes of executing on his behalf a notice, declaration, certificate or document which the processor is required to execute by, or for the purposes of, the Act or these Regulations.

(2.) An authorized agent may execute on behalf of the processor such a notice, declaration, certificate or document.

(3.) Where a notice, declaration, certificate or document has been executed by an authorized agent, the processor is subject to the same liabilities and penalties as if he had executed the notice, declaration, certificate or document.

* Notified in the Commonwealth Gazette on , 1953.

4606.—Price 3d.  9/12.12.1952.

(4.) The appointment of an authorized agent shall be in accordance with Form 1 and—

(a) shall be signed by the professor in the presence of a witness;

and

(b) shall be lodged by the processor with the Collector for the State in which the ginnery of the processor is situated.

Intention to claim bounty.

4.—(1.) A processor who intends to claim bounty shall furnish to the Collector for the State in which the processor’s ginnery is situated a notice of intention to claim bounty—

(a) within one month of the date of commencement of these Regulations where the premises at which he produces raw cotton are registered as a ginnery at that date; or

(b) within one month of the date on which the premises at which he produces or proposes to produce raw cotton were registered as a ginnery where those premises were not registered as a ginnery at the date of commencement of these Regulations.

(2.) A notice of intention to claim bounty shall be in accordance with Form 2.

Application for bounty.

5.—(1.) An application for bounty shall be lodged with the Collector for the State in which the ginnery of the processor is situated within ninety days after the end of the year in which the seed cotton in respect of which the bounty is claimed was delivered to the ginnery.

(2.) An application for bounty shall be accompanied by a declaration signed in the presence of a witness.

(3.) An application for bounty and the accompanying declaration shall be in accordance with Form 3.

Distribution of bounty by processor.

6.—(1.) A processor to whom bounty has been paid shall distribute the bounty to the growers of the seed cotton in respect of which the bounty has been paid within fourteen days after its receipt.

(2.) Where—

(a) a processor has been paid bounty in respect of seed cotton delivered by a grower in a year; and

(b) all the seed cotton so delivered was harvested in that year,

the amount of the bounty to be distributed by the processor to that grower is an amount ascertained by multiplying the number of pounds of the seed cotton so delivered by the rate of bounty applicable in respect of seed cotton delivered in that year.

(3.) Where—

(a) a processor has been paid bounty in respect of seed cotton delivered by a grower in a year; and

(b) the seed cotton so delivered was harvested partly in that year and partly in an earlier year,

 the amount of the bounty to be distributed by the processor to that grower is the sum of the respective amounts ascertained by multiplying the number of pounds of seed cotton harvested in each of those years by the rate of bounty applicable in respect of seed cotton delivered to the processor in the year in which the seed cotton was harvested.

Records to be kept.

7. For the purposes of the Act and these Regulations a processor shall keep records, in a manner approved by the Collector for the State in which the processor’s ginnery is situated, showing—

(a) the number of pounds of seed cotton of each grade delivered to the ginnery of the processor by each grower during each year;

(b) the year or years in which the cotton so delivered was harvested;

(c) the manner of disposal of seed cotton on which bounty is, or, is to be, claimed;

(d) the number of pounds of raw cotton of each grade produced from each of the grades used in the production of that raw cotton;

(e) the staple lengths of each of the grades of the cotton so produced;

(f) the respective quantities of cotton seed, linters and waste arising from the production of raw cotton from seed cotton; and

(g) the amount of bounty paid to each grower during each year.

Penalty: Fifty pounds.

THE SCHEDULE.

Form 1. Regulation 3.

Commonwealth of Australia.

Cotton Bounty Act 1951-1952.

APPOINTMENT OF AUTHORIZED AGENT.

(a) Insert name and address of processor.(b) Insert name, address and description of authorized agent(c) Signature of processor.(d) Signature and address of witness.(e) Signature of agent.

To the Collector of Customs for the State of

I, (a) , here appoint  (b)

a specimen of whose signature appears hereunder to be an authorized agent of the abovementioned processor for the purposes of the Cotton Bounty Act 1951-1952 and the regulations made thereunder.

Dated at this day of , 19 .

 (c)

(d)

(e)

Form 2. Regulation 4.

Commonwealth of Australia.

Cotton Bounty Act 1951-1952.

NOTICE BY PROCESSOR OF INTENTION TO CLAIM BOUNTY.

(a) Insert name and address of processor.(b) Signature of processor or authorized agent.

To the Collector of Customs for the State of 

I (a) , hereby give notice that I intend to claim bounty in respect of seed cotton delivered to the ginnery situated at 

Dated at this day of , 19  .

 (b)

Form 3. Regulation 5.

Commonwealth of Australia.

Cotton Bounty Act 1951-1952.

APPLICATION FOR BOUNTY.

(a) Insert name and address of processor.(b) Insert address of ginnery.

To the Collector of Customs for the State of 

I, (a) , hereby make a claim for bounty under the Cotton Bounty Act 1951-1952 in respect of the seed cotton processed in the ginnery situated at (b)  during the year 195  .

DESCRIPTION AND PARTICULARS OF SEED COTTON.

1. Total quantity of seed cotton of a grade higher than “strict good ordinary” delivered to the ginnery during the year 195    , and processed at the ginnery into raw cotton which has been sold for use in Australia ..................................................................			....................lb.
2. Total quantity of raw cotton produced from that seed cotton ..............................			....................lb.
3. Statement showing the various years in which that seed cotton was harvested—
Year.	Quantity.
195..............................................................	................lb.
195..............................................................	................lb.
195..............................................................	................lb.
4. Net proceeds from the sale of the raw cotton and cotton by-products from that seed cotton ....................................................................................................................				£
5. Amount paid to growers for that seed cotton .....................................................				£

6. Calculation of Bounty—

................lb. at	per lb. ..................................................................................................................	£
................lb. at	per lb...................................................................................................................	£
................lb. at	per lb...................................................................................................................	£

Amount of Bounty claimed— pounds shillings  pence (£ .)

DECLARATION.

(c) Insert full name, address and occupation of person declaring.(d) Insert “processor” or “authorized agent of the processor”.(f) Signature of person declaring.(g) Signature and address of witness.

I, (c) hereby declare—

(1) I am the (d) of the seed cotton specified in the foregoing application for bounty.

(2) All the particulars set out in the foregoing application for bounty are true and correct in every particular.

(3) The seed cotton specified in this application was of a grade higher than the grade known as “strict good ordinary” and was of good and marketable quality.

 (4) The seed cotton specified in the foregoing application has been processed into raw cotton which has been sold for use in Australia.

(5) The required records have been kept to enable the bounty specified in the foregoing application to be distributed to growers in accordance with the Cotton Bounty Act 1951-1952 and the regulations made thereunder.

(6) 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 processor to bounty has been forfeited or taken away.

(7) To the best of my knowledge and belief no other application for the bounty on the seed cotton referred to in this application has been made, nor has bounty been paid in respect of the seed cotton specified above.

Declared at this day of , 19 .

 (f)

Before me

(g)

By Authority: L. P. Johnston, Commonwealth Government Printer. Canberra.