Flour Tax Regulations (Cth)
STATUTORY RULES.
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REGULATIONS MADE UNDER THE FLOUR TAX ASSESSMENT ACT 1933.
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
Dated this sixteenth day of December, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
R. G. CASEY
for Treasurer.
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FLOUR TAX REGULATIONS.
PART I.—PRELIMINARY.
Part I.—Preliminary.
Part II.—Returns Entries and Statements.
Part III.—Payment of Tax.
Part IV.—Objections.
Part V.—Reviews by a Board of Review.
Part VI.—Miscellaneous.
“Deputy Commissioner” means Deputy Commissioner of Taxation;
“prescribed delegate of the Commissioner” means a person appointed by the Commissioner to be a prescribed delegate of the Commissioner for the purposes of these Regulations;
“the Act” means the
Flour Tax Assessment Act 1933 as amended from time to time; and“the Schedule” means the Schedule to these Regulations.
(2.) Unless the contrary intention appears, any reference in these Regulations to a form shall be read as a reference to a form in the Schedule to these Regulations.
(3.) Where in these Regulations reference is made to any Act, and that Act has at any time or from time to time been amended after the making of these Regulations, then, unless the contrary intention appears, that reference shall be deemed to be to that Act as so amended.
Part II.—Returns, Entries and Statements.
(2.) The return required to be furnished by any person in pursuance of section seventeen of the Act shall be furnished to the Commissioner at the office of the Deputy Commissioner for the State in which flour is held in stock by that person.
(
a )shall take all steps necessary to ensure that the information so required to be furnished is received by the Commissioner at the place at which the information is required to be furnished; and(
b )shall be deemed not to have furnished the Commissioner with such information unless and until such information has been received by the Commissioner at the place at which the information is required to be furnished.
(2.) The marks, figures and annotations shall be made in ink which is different in colour from the ink used in the return and, except in the case of a date stamp, shall be initialled by the officer making them.
(2.) The return required to be lodged in pursuance of section eighteen of the Act, in respect of goods other than flour imported into Australia, shall be the entry for home consumption, prescribed by the Customs Regulations, which is applicable to the particular case, and shall be in the form so prescribed with the addition of a statement, on that form, of the particulars specified in Form 3.
Part III.—Payment of Tax.
(
a ) delivery of cash, bank notes or cheques at the office of the Deputy Commissioner;(
b )remitting the tax to the Deputy Commissioner by bank draft or cheque, or by money order or postal note payable in the city to which the remittance is sent; or(
c ) depositing the net amount of the tax to the credit of the Deputy Commissioner at any branch of the Commonwealth Bank of Australia.
Part IV.—Objections.
Part V.—Review by a Board of Review.
Provided that the maximum amount of deposit which shall accompany the written request of the taxpayer shall not, in any case, exceed Fifty pounds, and the minimum amount of deposit shall not be less than One pound.
(
a ) the name and address of the taxpayer;(
b ) full details of the taxpayer’s claim as made to the Commissioner; and(
c ) the Commissioner’s reasons for disallowing the taxpayer’s claim.
(2.) The Commissioner shall at the same time
furnish the taxpayer with a copy of the statements referred to in
sub-paragraphs (
(2.) Notice of a review shall be given not less than fourteen days prior to the day on which the review is to take place.
(3.) A notice under this regulation may be served either personally or by post, and, if served by post, service shall be effected by properly addressing, prepaying and posting the notice as a letter, and, unless the contrary is proved, service shall be deemed to have been effected at the time when the letter would have been delivered in the ordinary course of post.
(2.) The sittings of a Board for the purpose of reviews shall be held in such place or places and at such time or times as are fixed by the Chairman of the Board.
(3.) A Board shall not be required to sit on public holidays or during a yearly vacation of three weeks commencing on the 25th day of December.
(2.) All reviews shall take place
(3.) Where a review takes place in public, the decision shall be given at a public meeting of the Board.
(4.) Either party to a review may nominate a person to represent him at the review.
(5.) The Chairman may adjourn any review from time to time as he thinks fit.
(2.) In the exercise of the powers which, by
virtue of section forty of the
(
a ) to furnish the Board with such information as, in the opinion of the Chairman, is necessary for the purpose of a review by the Board; or(
b )to attend and give evidence before the Board, or before any member of the Board authorized by the Chairman in that behalf, concerning his or any other person’s liability under the provisions of the Act, and may require him to produce all books, documents and other papers whatsoever in his custody or under his control relating thereto,
and the Chairman or member of the Board may require the information or evidence to be given on oath and either verbally or in writing and for that purpose the Chairman or that member shall have power to administer oaths.
(3.) Expenses may be allowed to persons required to attend and give evidence under this regulation as provided in regulation 49 of these Regulations.
(2.) The Board may, from time to time, compile and publish summaries of its decisions.
Part VI.—Miscellaneous.
(
a ) in the case of an individual so required—in the name of that individual;(
b )in the case of a partnership so required—in the name of the senior active partner resident in Australia;(
c ) in the case of trustees so required—in the name of the senior active trustee resident in Australia, or where there is no trustee resident in Australia, of the agent in Australia for the trustees;. and(
d ) in the case of a company—in the name of the public officer of the company.
(2.) Subject to the next succeeding sub-regulation, the documents specified in the last preceding sub-regulation shall be signed personally by the person in whose name they are required to be signed.
(3.) Where it is not possible or practicable for the person specified in the last preceding sub-regulation personally to sign documents required to be signed in his name, or where, on account of special circumstances, the Commissioner, upon the application of any such person, so permits, the person who is required to make, forward or furnish that document, or the directors of a company which is so required, may authorize, in writing, another person to sign the documents in the name of the person so specified, before his own signature as a person so authorized.
(4.) Upon the authorization of any person to sign documents in pursuance of the last preceding sub-regulation the person by whom the authorization is given shall forthwith forward written notice of the authorization to the Deputy Commissioner at the office to which the documents are required to be forwarded, and shall furnish the Deputy Commissioner with a specimen signature of the person so authorized and with particulars of his name and of the capacity in which he acts in the business of the person by whom the authorization is given.
(5.) The Commissioner may, at any time, if he thinks fit, disapprove of the authorization of any person to sign documents in pursuance of sub-regulation (3.) of this regulation, and direct that documents signed by that person under such authorization shall not be accepted.
(6.) Every document signed in accordance with these Regulations in the name of the person in whose name it is required by this regulation to be signed shall be deemed to have been signed by that person.
(7.) Notice of the cancellation of the authorization of any person under this regulation shall be given to the Deputy Commissioner to whom notice of the authorization was forwarded.
(2.) Judicial notice shall be taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of Commissioner, Second Commissioner, Deputy Commissioner or prescribed delegate of the Commissioner, as the case may be.
(
a )that the defendant was required by the Commissioner by notice in writing to furnish the Commissioner with such information; and(
b )that the defendant failed or neglected duly to furnish the Commissioner with such information as and when required by the Commissioner,
shall
be
(
a ) the person named in the certificate is a taxpayer;(
b )an assessment of, or a determination whereby he became chargeable with, tax or further tax was duly made against him;(
c ) the particulars of the assessment or determination, and, in the latter case, of the tax or further tax chargeable, are as stated in the certificate;(
d ) notice of the assessment or determination, and, in the latter case, of the tax or further tax chargeable, was duly served on him by post; and(
e ) the sum named in the certificate was at the date of the certificate due by him to the King on behalf of the Commonwealth in respect of tax,
shall
be
(
a ) failing or neglecting duly to furnish the Commissioner with any information required by the Commissioner pursuant to section twenty of the Act; or(
b ) failing or neglecting duly to furnish a return; or(
c ) making or delivering a return which is false in any particular or making any false answer whether verbally or in writing,
may, at the option of the prosecutor, be instituted either—
(
d )in a Court of Summary Jurisdiction having jurisdiction at the place where under these Regulations the return or information is to be furnished; or(
e ) in a Court of Summary Jurisdiction having jurisdiction at or nearest to the usual or last known place of business or abode of the defendant.
(
a ) the Territory for the Seat of Government shall be deemed to be in the State of New South Wales; and(
b ) the Northern Territory shall be deemed to be a separate State.
COMMONWEALTH OF AUSTRALIA. Form 1.
To:—The Commissioner of Taxation, State of Regulation 4.
Office of the Deputy Commissioner of Taxation,
Address.
Return of flour manufactured by a taxpayer and—
(
(
(
Submitted by—
Name of taxpayer (in full)..............................................................................................................................................................................................
Address...........................................................................................................................................................................................................................
Description of Goods. | Flour sold or delivered. | Flour used in the manufacture of goods for sale. | Total of quantities shown in columns (2) and (6). | Flour tax at rate of £4 5s. per ton on total quantity shown in column (8). | ||||||||||||||||
In respect of which tax is payable. | In respect of which tax is not payable. | |||||||||||||||||||
Quantity. | Sale Price. | Quantity. | Sale Price.‡ | Quantity. | Value. | |||||||||||||||
Tons. | Lb. | £ | Tons. | Lb. | £ | Tons. | Lb. | £ | Tons. | Lb. | £ | |||||||||
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | ||||||||||||
| ||||||||||||||||||||
Amount of tax to be paid when lodging this return........................................................................................................................................................... | ||||||||||||||||||||
I,……………… of………………………….. being *the taxpayer,/the person in whose name this return is required by the Regulations to be signed, declare that the above information is true and correct in every particular and discloses without reservation or exception a true and complete statement of all flour manufactured by *me/the taxpayer and sold by *me/the taxpayer during the month of................................................1934, or sold by *me/the taxpayer before 4th December, 1933, and delivered by *me/the taxpayer during the month of....................................1934, or used by *me/the taxpayer during the month of................................................................1934, in the manufacture of goods for sale.
Declared at................................................this................................................day of............................................1934.
Signature...................................................................
In the application of this form to returns of flour sold, delivered or used during December, 1933, omit the words “during the month of................................................1934” (wherever occurring) and insert in their stead the words “during the period from 4th December, 1933, to 31st December, 1933 (both dates inclusive)”.
Note.—(1) A return on this form must be furnished (in triplicate) by every manufacturer of flour, and the tax due in respect of the return must be paid to the Deputy Commissioner of Taxation........................................within 21 days after the close of the month during which the sales or deliveries were made, or the flour was used in the manufacture of goods for sale. If returns are lodged late, or if the tax is paid late, additional tax will be incurred.
(2) Flour manufactured for any person from wheat supplied by that person is deemed to have been sold by the manufacturer at the time of delivery to that person.
* Cross out words which are inapplicable. Exclusive of flour tax. ‡ Actual sale price.
Form 2.
Regulation 11(1).
FLOUR TAX.
Weight of Flour in tons and pounds............................................. ………………………………..
Flour Tax at £4 5s. per ton .......................................................... ………………………………..
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Form 3.
Regulation 11(2).
FLOUR TAX.
Weight of Flour (in tons and pounds) used in the manufacture of the goods specified in this entry which are subject to Flour Tax..................... ………………………………….
Flour Tax at £4 5s. per ton............................................................... ………………………………….
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Form 4.
Regulation 21.
Commonwealth of Australia.
NOTICE OF OBJECTION.
I hereby lodge notice of objection against the *assessment/determination dated...................... whereby I have been required to pay *tax/further tax as follows:—
Description of goods................................................................................................
Quantity of *flour/flour-content (as notified)................................................................................
Tax/Further tax (as notified)...........................
I claim that the amount of *tax/further tax which should be paid in respect of the abovementioned goods is as follows:—
Quantity of *flour/flour-content (as claimed)....................................................
*Tax/Further tax (as claimed)......................................................................................................
The full and detailed grounds on which my claim is based are as follows:—
..................................................................................................................................................
..................................................................................................................................................
..................................................................................................................................................
(Signature)..............................
(Address)............................
(Date)..........................
* Cross out words inapplicable.
Form 5.
Regulation 50.
FORM OF DECLARATION OF SECRECY.
Commonwealth of Australia.
I,....................................................................of........................................................................in
the State of...................................do solemnly and sincerely
declare that, except in the performance of any duty under the
Declared before me at.........................................in the state of.............................. this.......................................................day of..................................193……...
Police Magistrate..................................................................
Justice of the Peace...............................................................
Clerk of Petty Sessions.........................................................
Commissioner for taking
Affidavits.......................................................................
Commissioner for Declarations............................................. ……………………………………
Signature of person making the Declaration.
School Teacher......................................................................
Minister of Religion..............................................................
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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