Nitrogenous Fertilizers Subsidy Regulations (Cth)

STATUTORY RULES

1968 No.

 

REGULATIONS UNDER THE NITROGENOUS FERTILIZERS SUBSIDY ACT 1966.*

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 Nitrogenous Fertilizers Subsidy Act 1966.

Dated this twenty-ninth day of November, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

 

NITROGENOUS FERTILIZERS SUBSIDY REGULATIONS

Citation.

1. These Regulations may be cited as the Nitrogenous Fertilizers Subsidy Regulations.

Interpretation.

2.—(1.) 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;

“the Act” means the Nitrogenous Fertilizers Subsidy Act 1966.

(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 producer or importer may appoint a person to be his authorized agent for the purposes of executing on his behalf a notice, application, declaration, certificate or document that is required by, or for the purposes of, the Act or these Regulations to be executed by the producer or importer and the authorized agent may execute, on behalf of the producer or importer, such a notice, application, declaration, certificate or document.

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

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

(a) in accordance with, or to the effect of, Form 1; and

(b) lodged with a Collector.

Applications for subsidy under section 5 of the Act.

4.—(1.) An application for subsidy in respect of subsidized goods to which section 5 of the Act relates shall be—

(a) made in writing;

(b) lodged with a Collector; and

(c) signed by the applicant in the presence of a witness who shall sign his name as witness and state his address and occupation on the application.

 

* Notified in the Commonwealth Gazette on 1968.

16857/68—Price 10c 10/26.6.1968

 

(2.) An application referred to in the last preceding sub-regulation shall be lodged—

(a) where the application is made in respect of subsidized goods sold during the period that commenced on the seventeenth day of August, 1966, and ended on the day preceding the date of commencement of these Regulations—within one month after the date of commencement of these Regulations; or

(b) where the application is made in respect of subsidized goods sold during a fortnight or month commencing on or after the date of commencement of these Regulations—within one month after the end of the period in respect of which the claim is made,

or within such further period as the Collector, in a particular case, allows.

(3.) An application referred to in sub-regulation (1.) of this regulation shall state—

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

(b) the period in respect of which the claim for subsidy is made;

(c) in relation to each kind of subsidized goods in respect of which a claim for subsidy is made—

(i) a description of the goods;

(ii) the net weight in tons of the goods;

(iii) the percentage nitrogen content of the goods;

(iv) the net weight in tons of the nitrogen content of the goods;

(v) the date or dates on which the goods were sold for use in Australia as fertilizer or stock food supplement;

(vi) the rate at which subsidy is claimed in respect of the goods; and

(vii) the amount of subsidy claimed in respect of the goods;

(d) the total amount of subsidy claimed;

(e) if such is the case, that the whole of the subsidized goods the subject of the claim were of good and merchantable quality;

(f) if such is the case, that the applicant has passed on the full benefit of the subsidy to the purchasers of the subsidized goods;

(g) if such is the case, that nothing has been done or omitted to be done by the applicant, and to the best of his knowledge and belief nothing has been done or omitted to be done by any other person, whereby the right of the applicant to subsidy has been forfeited or taken away; and

(h) if such is the case, that to the best of the knowledge and belief of the applicant no other application for subsidy has been made, no subsidy has been paid and no advance under section 15 of the Act has been made in respect of the subsidized goods.

(4.) An application referred to in sub-regulation (1.) of this regulation in respect of subsidized goods produced in Australia shall state, in addition to the matters specified in the last preceding sub-regulation—

(a) the address of the registered premises at which the subsidized goods were produced; and

(b) if such is the case, that none of the subsidized goods were produced at premises that were not, or were not to be deemed to be, registered premises at the time the goods were produced.

 

Applications for subsidy under section 6 of the Act.

5.—(1.) An application for subsidy in respect of subsidized goods to which section 6 of the Act relates shall be—

(a) made in writing;

(b) lodged with a Collector not later than twelve months after the date of commencement of these Regulations;

(c) signed by the applicant in the presence of a witness who shall sign his name as witness and state his address and occupation on the application;

(d) accompanied by or have attached to it declarations with respect to the subsidized goods to which that section applies, being declarations each of which—

(i) has been made by or on behalf of the person who was, immediately before the seventeenth day of August, 1966, the owner of the subsidized goods referred to in it;

(ii) contains the information specified in sub-regulation (3.) of this regulation in respect of the subsidized goods referred to in it; and

(iii) complies with the other provisions of the sub-regulation; and

(e) made in respect of the whole of the subsidized goods referred to in the declarations that accompany or are attached to the application.

(2.) An application referred to in the last preceding sub-regulation shall state—

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

(b) in respect of the whole of the subsidized goods referred to in each of the declarations that accompany or are attached to the application—

(i) the name of the person who was, immediately before the seventeenth day of August, 1966, the owner of the goods;

(ii) the net weight in tons of the nitrogen content of the goods; and

(iii) the amount of subsidy claimed;

(c) the total amount of subsidy claimed;

(d) if such is the case, that the whole of the subsidized goods the subject of the claim were of good and merchantable quality;

(e) if such is the case, that the full benefit of the subsidy has been, or will be, passed on to the purchasers from the applicant of the goods to which the application relates;

(f) if such is the case, that nothing has been done or omitted to be done by the applicant, and to the best of his knowledge and belief nothing has been done by any other person, whereby the right of the applicant to subsidy in respect of the goods to which the application relates has been forfeited or taken away; and

(g) if such is the case, that to the best of the knowledge and belief of the applicant no other application for subsidy has been made, no subsidy has been paid and no advance under section 15 of the Act has been made in respect of the goods to which the application relates.

(3.) For the purpose of paragraph (d) of sub-regulation (1.) of this regulation, a declaration with respect to subsidized goods is a declaration by which the person who makes the declaration states—

(a) the name and address of the person who was, immediately before the seventeenth day of August, 1966, the owner of the subsidized goods referred to in the declaration;

 

(b) in relation to each kind of subsidized goods to which the declaration relates—

(i) a description of the goods;

(ii) the net weight in tons of the goods;

(iii) the percentage nitrogen content of the goods; and

(iv) the net weight in tons of the nitrogen content of the goods;

(c) in relation to the whole of the subsidized goods to which the declaration relates—

(i) the total net weight in tons of the nitrogen content of the goods; and

(ii) the name and address of the producer or importer of the goods; and

(d) whether particulars of the subsidized goods to which the declaration relates have been included in any other declaration made for the purpose of this sub-regulation,

and declares that the matters stated in the declaration are true and correct.

Authorization under section 9 of the Act.

6. An authorization under section 9 of the Act shall be—

(a) in accordance with, or to the effect of, Form 2; and

(b) lodged with a Collector.

 

THE SCHEDULE

Form 1 Regulation 3.

Commonwealth of Australia

NITROGENOUS FERTILIZERS SUBSIDY ACT

APPOINTMENT OF AUTHORIZED AGENT

To the Collector of Customs for

I, [Name and address of producer or importer], hereby appoint [Name, address and occupation of agent], a specimen of whose signature appears hereunder, to be my authorized agent for the purposes of the Nitrogenous Fertilizers Subsidy Act and the Regulations made thereunder.

Dated at the day of , 19 .

Signed by the abovenamed

*producer

*importer

in the presence

of:

[Signature and: address of witness]

Specimen signature of authorized agent:

 

* Delete whichever is not applicable.

 

Form 2 Regulation 6.

Commonwealth of Australia

NITROGENOUS FERTILIZERS SUBSIDY ACT

AUTHORITY TO RECEIVE SUBSIDY

To the Collector of Customs for

I, [Name and address of producer or importer], hereby authorize [Name, address and occupation of person authorized], a specimen of whose signature appears hereunder, to receive on my behalf, subject to the provisions of the Nitrogenous Fertilizers Subsidy Act and the Regulations made thereunder, all subsidy and advances on account of subsidy payable to me under that Act.

Dated at the day of , 19 .

Signed by the abovenamed

*producer

*importer

in the presence

of:

[Signature and address of witness]

Specimen signature of person authorized:

 

* Delete whichever is not applicable.

 

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