Flax and Linseed Bounties Regulations (Cth)

STATUTORY RULES.

1930. No. 154

REGULATIONS UNDER THE FLAX AND LINSEED BOUNTIES ACT 1930.

I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Flax and Linseed Bounties Act 1930, to come into operation as from the date of the commencement of that Act.

Dated this Sixteenth day of December, 1930.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command,

F. M. FORDE

for Minister of State for Trade and Customs.

 

Flax and Linseed Bounties Regulations.

Short title.

1. These Regulations may be cited as the Flax and Linseed Bounties Regulations.

Definitions.

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

“authorized agent” means a person appointed in accordance with regulation 9 to be an authorized agent;

“ authorized person ” means a person appointed in writing by the Minister to be an authorized person for the purposes of the Act and these Regulations;

“ bounty ” means bounty under the Act;

“Collector” means Collector of Customs for the State;

“factory” means premises specified in any notice of intention to claim bounty, or claim for bounty, given or made under the Act, and appointed by the Minister to be an appointed place;

“officer” means officer of Customs; and

“the Act ” means the Flax and Linseed Bounties Act 1930.

(2.) Any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Notice of intention to claim bounty.

3. —(1.) Every person who intends to claim bounty shall give notice in accordance with Form A to the Collector at least thirty days before the claim for bounty is made.

(2.) If so requested by any such person the Collector may accept such notice of intention to claim bounty as a continuing notice.

 

Claims for bounty.

4. Every claim for bounty shall be in accordance with the Form B and shall be dealt with as shown thereon.

Time within which claim tor bounty is to be made.

5. Every claim for bounty on goods produced in and delivered from a factory shall be made within thirty days, or such further time as the Collector allows, after completion of production and delivery, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

Transferee of factory may claim bounty without fresh notice.

6. — (1.) Where a claimant of bounty has given a continuing notice of intention to claim bounty in respect of goods produced at a factory, and the factory has subsequently become transferred to some other person, the transferee may, without giving a fresh notice of intention to claim bounty, claim bounty in respect of goods produced by him at the factory.

(2.) A factory shall be deemed to have become transferred when it has passed from one person to another person by act of parties or by operation of law.

Market value of flax and linseed.

7. The market value of flax and linseed shall be ascertained and determined in such manner as the Minister directs.

Action where amount of bounty available insufficient.

8. If at any time during any financial year the Minister considers that the amount available for bounty for that year as determined by the Act may be insufficient to pay in full all valid claims for bounty expected to be received during that year, the Minister may approve of progress payments being made on each claim at such proportion of the full rate of bounty as he determines:

Provided that—

(a) the rate of bounty at which the progress payments shall be made in any such year in respect of flax or linseed shall be the same for each claimant for bounty on flax or linseed as the case may be;

(b) additional payments shall subsequently be made in the manner prescribed in the last preceding paragraph to the respective claimants in respect of all part paid claims for any such year to the extent, if any, of the amount of bounty remaining available; and

(c) the total rates of bounty paid in any such year in pursuance of paragraphs (a) and (b) of this proviso on flax or linseed shall be respectively at the same proportion of the full rates of bounty as prescribed by the Act.

Authorizedagents.

9. — (1.) Any producer of flax or linseed may appoint in accordance with Form C an authorized agent to execute on his behalf any declaration, certificate or document required for the purposes of the Act and these Regulations.

(2.) An authorized agent may execute on behalf of his principal any declaration, certificate or document required for the purposes of the Act and these Regulations in relation to any claim for bounty by the principal, and any declaration, certificate or document so executed shall be as effective as if executed by the principal.

Powers of authorized person.

10. Any authored person may, at all reasonable times, enter upon any factory or premises where there are produced or stored any goods in respect of which notice of intention to claim bounty has been given in accordance with these Regulations, and may inspect the process of production of those goods and the accounts, books and documents of the producer for the purposes of examination and audit and of ascertaining and reporting on the cost of production of the goods.

 

Inspection of process of manufacture, &c.

11. Where notice of intention to claim bounty has been given in accordance with these Regulations, the producer giving the notice shall—

(a) allow any authorized person to have access at all reasonable times to the factory named in the notice, for the purpose of inspecting the process of production of the goods;

(b) provide, when requested by an authorized person so to do, all reasonable facilities and assistance necessary to enable the authorized person to inspect effectively the process of production of the goods;

(c) keep books and accounts showing clearly the cost of production and selling price of all goods upon which bounty is intended to be claimed, the capital employed in the business and the net profits derived therefrom during each financial year;

(d) produce such books and accounts and the documents relating to entries therein for examination and audit by any authorized person when required by him so to do; and

(e) supply such samples of the goods as the Collector requires.

 

THE SCHEDULE.

 

Form A. Commonwealth of Australia. Reg. 3.

Flax and Linseed Bounties Act 1930.

NOTICE BY PRODUCER OF INTENTION TO CLAIM BOUNTY.

State of 

To the Collector of Customs.

(a) Insert name of goods.

I hereby give notice that I/we intend to claim bounty in respect of (a) .............................. produced in and delivered from, or to be produced in and delivered from my/our factory *and request that this be accepted as a continuing notice.*

I/we request that my/ourfactory situated at.............. be appointed an appointed place for the purposes of the Act.

.................................... Signature of Producer.

or (b)........................

(b) Insert name of producer.

per ................. Authorized Agent. Date  / / 

* Note‑‑Words between asterisks may be omitted if desired.

 

This form when filled in to be forwarded to the State Collector.

Form B. Commonwealth of Australia.  Reg. 4.

Flax and Linseed Bounties Act 1930.

Departmental Registration. No......................... Departmental Consecutive No...............................

Dr. to (a)

Financial year 19....................  State of ..............

(a) Insert name and full address.

Pursuant to notice of intention to claim I/we hereby claim bounty in respect of (b) ……………………produced by me/us on or after the first day of March, 19…………………., and on or before the twenty ……………………..day of February, 19 ……………………, and delivered from………………………..my/ourfactory after the (date) …………….and on or before

(b)Here insert name of goods.

the (c)........................

(c) Here insert date of completion of delivery of the goods in respect of which claim is made.

The particulars relating to the goods are as follows: —

Particulars.

Factory situated at— Weight and Description of Goods on which Bounty is Claimed. Net Cash Selling Value exclusive of Value of Casing and Packing. Rate of Bounty. Amount of Bounty claimed.

Total.................... pounds............... shillings................ pence £............................

..................................................................................... Signature of Producer.

or (d).........................

(d) Insert name of producer.

per .................................. Authorized Agent.

 

OFFICER’S CERTIFICATE.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above claim for bounty are true and correct for the purposes of the Flax and Linseed Bounties Act 1930, and that the claimant is entitled to bounty on the goods specified in the claim.

 Officer of Customs.

Date 19 

I certify that this account is correct within the meaning of section 34 of the Audit Act 1901-1926.

 Certifying Officer.

Date / / 

Received on the................. 19.... ,from ...................the sum of...........................pounds........................ shillings......................................... pence, in full payment of the above account.

Witness to the payment and signature.................................

Cheque No 

 

DECLARATION TO BE ENDORSED ON CLAIM FOR BOUNTY.

I,............................... , of............................ , do hereby declare as follows: —

1. I am the (e) ........................... of the goods specified in this claim for bounty.

(e) Insert “ Producer ” or “ Authorized Agent of the Producer ” whichever applies.

2. The goods were produced at, and delivered from, the factory mentioned in the notice of intention to claim bounty given by....................................................

3. The description and value of the goods, and the particulars relating thereto, set out in this claim for bounty, are true and correct in every respect.

4. The whole of the goods specified in this claim for bounty—

(a) were produced from flax plants grown in Australia from seed of varieties approved by the Minister;

(b) are of good and merchantable quality.

5. None of the goods specified in this claim for bounty have been produced or supplied, or are intended to be supplied, under a contract containing a term or condition permitting or providing for the deduction of the amount of the bounty or any part thereof from the price or moneys payable for the goods to the producers.

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 to bounty in respect of the goods has been forfeited or taken away.

7. No other claim for bounty has been made nor has any bounty been paid in respect of the goods specified in this claim for bounty.

8. The particulars set out hereunder as to persons employed in the said factory in the production of the goods, the hours worked by and the rates of wages paid to them, &c., are true and correct.

9. The said conditions of employment and rates of wages are m accordance with (f)………………and are in no case below the conditions and rates declared to be fair and reasonable under sub-section (1) of section fourteen of the Act or below standard rates and conditions prescribed by the Commonwealth Court of Conciliation and Arbitration or by any other industrial authority of the Commonwealth or a State.

(f)Here insert a general reference to the Commonwealth or State enactment, declaration, determination or award under which employees engaged in the production of flax or linseed are working.

Employee.		Hours of Labour per Week.	Rate of Wages Paid per Hour. (State whether with or without Keep.)	Remarks.
(g) Name or Number.	Occupation.

(g) Where there are several employees of one class receiving the same rate of wages, it will suffice to insert the number.

10. The price or amount paid or to be paid to the grower of flax plants used in the production of the flax or linseed in respect of which bounty is claimed is not less than the price or amount considered by the Minister to be reasonable.

11. The following is a true and correct statement as to the flax plants purchased by me from each grower during the twelve months immediately preceding the date of this claim:—

Flax Plants.

Description. Date purchased. Amount paid per Ton. Quantity purchased. Name and Address of each Grower.

............................................................. Signature of Producer or Authorized Agent.

Declared before me at.................................. this.............. day of............ 19...

 Officer of Customs or J.P.

 

Form C. Commonwealth of Australia. Reg. 9.

Flax and Linseed Bounties Act 1930.

APPOINTMENT OF AUTHORIZED AGENT.

 (a) hereby nominate, constitute and appoint

(a) Here insert name, address and description of principal.

(b)................... to be my/our agent for the purposes

(b) Here insert name, address and description of agent.

of the Flax and Linseed Bounties Act 1930 and the Regulations thereunder and to execute on my behalf any declaration, certificate or document required for the purposes of the said Act and the Regulations thereunder.

................ Witness  (c)...............................

(c) Signature of principal.

Signature of Agent.................. Date................. 193 ...........................

 

By Authority: H. J. Green, Government Printer, Canberra.