Metal Working Machine Tools Bounty Regulations (Cth)

Statutory Rules

1973 No. 40

REGULATIONS UNDER THE METAL WORKING MACHINE TOOLS BOUNTY ACT 1972.*

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 Metal Working Machine Tools Bounty Act 1972.

Dated this twenty-second day of February, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Minister of State for Customs and Excise.

 

METAL WORKING MACHINE TOOLS BOUNTY REGULATIONS

Citation.

1. These Regulations may be cited as the Metal Working Machine Tools Bounty Regulations.

Interpretation.

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

“authorized agent” means a person appointed under regulation 3 of these Regulations to be an authorized agent;

“class of machine tools” means one of the classes of machine tools into which machine tools to which the Act applies are divided in the Schedule to the Act;

“the Act” means the Metal Working Machine Tools Bounty Act 1972.

Authorized agents.

3.—(1.) A manufacturer may appoint a person to be his authorized agent for the purpose of executing on his behalf a notice, declaration, certificate or document that the manufacturer 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 manufacturer, such a notice, declaration, certificate or document.

(2.) Where a notice, declaration, certificate or document referred to in the last preceding sub-regulation has been executed by an authorized agent of a manufacturer, the manufacturer is subject to the same liabilities and penalties as if he had executed that notice, declaration, certificate or document.

(3.) The appointment of an authorized agent shall—

(a) be in accordance with the form in the Schedule to these Regulations; and

(b) be delivered to the Comptroller-General.

(4) A manufacturer who has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to the Comptroller-General.

 

* Notified in the Commonwealth Gazette on 1 March 1973.

 

Conditions of manufacture.

4. The conditions to be complied with, for the purposes of the Act, in connexion with the manufacture at registered premises of a class of machine tools to which the Act applies are—

(a) that the machine tools included in that class of machine tool manufactured at the registered premises shall be numbered consecutively in regular arithmetical sequence;

(b) that the number of a machine tool included in that class of machine tool shall be affixed to the machine tool—

(i) by being stamped on the machine tool by means of a die; or

(ii) by being stamped, by means of a die, on a metal plate that is securely rivetted, bolted or screwed to the machine tool; and

(c) that, after the number of a machine tool included in that class of machine tools has been so affixed to the machine tool—

(i) the number so affixed shall not be erased or altered; and

(ii) if the number is affixed by being stamped on a metal plate that is rivetted, bolted or screwed to the machine tool—that plate shall not be removed from the machine tool,

before the machine tool is sold by the manufacturer for use in Australia.

Application for bounty.

5.—(1.) An application for bounty in respect of a machine tool—

(a) shall be in writing;

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

(c) shall be signed by that witness and state his address and occupation; and

(d) shall be delivered to the Comptroller-General—

(i) if the machine tool was sold by the manufacturer for use in Australia before the date of commencement of these Regulations—within three months after that date; or

(ii) in any other case—within three months after the date on which the machine tool is sold by the manufacturer for use in Australia,

or within such extended period as the Comptroller-General may allow under the next succeeding sub-regulation.

(2.) Where it is not reasonably practicable, for reasons outside of the control of the manufacturer of a machine tool, for the application for bounty in respect of the machine tool to be delivered to the Comptroller-General within the period specified in sub-paragraph (i) or (ii), whichever is applicable, of paragraph (d) of the last preceding sub-regulation, the Comptroller-General shall, if, either before or after the expiration of that period, the manufacturer requests, in writing, an extension of that period, extend the period within which the application for bounty may be delivered for a specified period, being a reasonable period having regard to the circumstances of the particular case.

Particulars required in application for bounty.

6. An application for bounty in respect of a machine tool shall state—

(a) the name and address of the applicant for bounty;

(b) the address of the premises at which the machine tool was manufactured;

(c) the class of machine tools in respect of which the premises have been registered for the purposes of the Act;

 

(d) the number allotted to the machine tool under regulation 4 of these Regulations;

(e) the factory cost of the machine tool;

(f) the ratio between the factory cost of the material and parts of the machine tool that were wholly manufactured in Australia and the factory cost of the tool, expressed as a percentage of the factory cost of the tool;

(g) the amount of bounty claimed;

(h) the date of manufacture of the machine tool;

(i) the class of machine tool in which the machine tool in respect of which the application is made is included;

(j) such particulars of or related to the machine tool, including particulars of the capacity of the machine tool, as are relevant to the determination of the class of machine tools in which the machine tool is included;

(k) whether any previous application for bounty, or any application for advance of bounty, was made in respect of the machine tool and, if such an application was made—

(i) the date of the application; and

(ii) the amount of bounty or advance of bounty claimed;

(l) whether the machine tool to which the application relates was manufactured at premises that were, at the time the machine tool was manufactured, registered for the purposes of the Act, in respect of the class of machine tools in which the machine tool is included;

(m) whether the machine tool to which the application relates was of good and merchantable quality;

(n) whether the machine tool to which the application relates was sold by the manufacturer of the tool for use in Australia and, if the machine tool was so sold, the date on which it was so sold; and

(o) whether anything has been done or omitted to be done by the applicant, or to the best of his knowledge and belief, by any other person, whereby the right of the manufacturer to bounty has been forfeited or taken away.

 

THE SCHEDULE Regulation 3.

Commonwealth of Australia

Metal Working Machine Tools Bounty Act

APPOINTMENT OF AUTHORIZED AGENT

(a) Insert name and address of manufacturer.

(b) Insert name, address and occupation of agent.

(c) Signature of manufacturer.

(d) Signature, occupation and address of witness.

(e) Signature of agent.

To the Comptroller-General

I,(a), hereby appoint (b) , a specimen of whose signature appears hereunder, to be my authorized agent for the purposes of the Metal Working Machine Tools Bounty Act 1972 and the Regulations made thereunder.

Dated at the day of , 19 .

(c)

(d)

(e)