Raw Cotton Bounty Regulations (Cth)

STATUTORY RULES.

1941. No. 32.

REGULATIONS UNDER THE RAW COTTON BOUNTY ACT 1940.*

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 Raw Cotton Bounty Act 1940.

Dated this twelfth day of February, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

 

Raw Cotton Bounty Regulations.

Citation.

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

Definitions.

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

“bounty” means bounty under the Act;

“the Act” means the Raw Cotton Bounty Act 1940.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Authorized agents.

3.—(1.) A producer may appoint, in accordance with Form 1, an authorized agent to execute on his behalf any notice, declaration, certificate or other document required for the purposes of the Act or these Regulations, and the authorized agent may execute on behalf of his principal any such notice, declaration, certificate or other document accordingly.

(2.) Any notice, declaration, certificate or other document so executed shall be as effective as if it had been executed by the principal.

 

* Notified in the Commonwealth Gazette on  February, 1941.

504.—5/4.2.1941.—Price 5d.

 

Grading of raw cotton.

4.—(1.) For the purposes of the Act and of these Regulations, raw cotton shall be graded into the following grades:—

White Cotton—

Middling Fair.

Strict Good Middling.

Good Middling.

Strict Middling.

Middling.

Strict Low Middling.

Low Middling.

*Strict Good Ordinary.

*Good Ordinary.

Light Spotted Cotton—

Strict Good Middling Light Spotted.

Good Middling Light Spotted.

Strict Middling Light Spotted.

Middling Light Spotted.

Strict Low Middling Light Spotted.

Low Middling Light Spotted.

Yellow Spotted Cotton—

Good Middling Yellow Spotted.

Strict Middling Yellow Spotted.

Middling Yellow Spotted.

Strict Low Middling Yellow Spotted.

Low Middling Yellow Spotted.

Heavy Spotted Cotton—

Good Middling Heavy Spotted.

Strict Middling Heavy Spotted.

Middling Heavy Spotted.

Strict Low Middling Heavy Spotted.

Low Middling Heavy Spotted.

White Wasty Cotton—

Good Middling White Wasty.

Strict Middling White Wasty.

Middling White Wasty.

Strict Low Middling White Wasty.

Low Middling White Wasty.

(2.) For the purposes of the Act and these Regulations, raw cotton shall be graded into staple lengths ranging from one-quarter of an inch to one and three-sixteenths of an inch, each staple length being progressively more than the preceding staple length by one-sixteenth of one inch.

Notice of intention to claim bounty.

5. A producer who intends to claim bounty shall furnish to the Collector in the State in which the raw cotton is to be produced, or, in the case of raw cotton produced in the Northern Territory, to the Comptroller-General of Customs, a notice of intention to claim bounty in accordance with Form 2 at least fourteen days before he commences to produce that raw cotton.

 

* In pursuance of sub-section (5.) of section 9 of the Act, bounty is payable on these grades at half rates.

 

Form of application for bounty.

6. An application for bounty shall be in accordance with Form 3 and shall be supported by a statutory declaration in accordance with the form contained in that Form.

Time within which applications for bounty are to be made.

7. An application for bounty on the raw cotton produced during the week ending on each Friday shall be lodged with the Collector in the State in which the raw cotton was produced, or, in the case of raw cotton produced in the Northern Territory, with the Collector in the State of Queensland, within thirty days after the end of that week.

Conditions of production.

8. The conditions under which raw cotton shall be produced to enable premises to be appointed as a ginnery for the purposes of the Act shall be as follows:—

(a) Seed cotton from which raw cotton in respect of which bounty is to be claimed is to be produced shall be received, weighed, recorded and disposed of by the producer to the satisfaction of the Collector.

(b)Raw cotton in respect of which bounty has been claimed or paid shall be stored, and the grades and staple lengths thereof shall be recorded, to the satisfaction of the Collector.

(c) The respective quantities of cotton seed, linters and waste arising from the production of raw cotton from seed cotton shall be recorded to the satisfaction of the Collector.

Distribution of bounty to growers.

9.—(1.) A producer to whom bounty has been paid shall distribute the bounty to the growers of seed cotton from which the raw cotton, in respect of which the bounty was paid, was produced, in the manner provided by this regulation.

(2.) For the purposes of the distribution, the producer shall keep such records as will enable him to ascertain—

(a) the number of pounds of seed cotton of each variety delivered by each grower during each season;

(b)the number of pounds of seed cotton of each variety from which raw cotton was produced during the season; and

(c) the amount of bounty received by the producer in respect of the raw cotton produced from each variety of seed cotton during each season.

(3.) Within fourteen days after the payment of any bounty to a producer in respect of any raw cotton, the producer shall make a first distribution to the growers of seed cotton from which the raw cotton was produced of not less than ninety per centum of the payment.

(4.) The amount of the first distribution shall be calculated on the estimated percentage yield of raw cotton produced from seed cotton of each variety.

 

(5.) Within ninety days after the completion of his production of raw cotton for each year, the producer shall make a final distribution to those growers of the bounty received by him and remaining to be distributed, and the amount to be paid to each grower in respect of the final distribution shall, in respect of each variety of raw cotton, be an amount ascertained in accordance with the following formula:—

A = the amount of the final distribution to be made to the grower in respect of the variety of raw cotton;

a = the total amount of raw cotton of that variety produced from seed cotton delivered by the grower, calculated on the percentage yield referred to in sub-regulation (4.) of this regulation;

b = the total amount of raw cotton of that variety on which bounty has been received by the producer;

c = the average actual percentage yield in that year of all raw cotton of that variety produced from seed cotton;

d = the percentage yield of raw cotton produced from seed cotton of that variety referred to in sub-regulation (4.) of this regulation; and

e = the total amount of bounty remaining to be distributed by the producer in respect of that variety of raw cotton.

Offences.

10. Any person who contravenes, or fails to comply with, any provision of these Regulations shall be guilty of an offence, and shall be liable, upon conviction, to a penalty not exceeding Fifty pounds.

 

THE SCHEDULE.

Reg. 3. Form 1.

Commonwealth of Australia.

Raw Cotton Bounty Regulations.

APPOINTMENT OF AUTHORIZED AGENT.

(a) hereby nominates, constitutes and appoints

(b) (a specimen of whose signature appears hereunder) to be the agent of the abovementioned producer for the purposes of the Raw Cotton Bounty Act 1940 and the Regulations thereunder, and to execute on that producer’s behalf any notice, declaration, certificate or other document required for the purposes of the Act and those Regulations.

Dated at this day of 194

(c)

(d)

(e)

(a) Insert name and address of producer.

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

(c) Signature of producer, or officer acting on behalf of producer.

(d) Signature and address of witness.

(e) Signature of agent.

 

Reg. 5. Form 2.

Commonwealth of Australia.

Raw Cotton Bounty Regulations.

NOTICE BY PRODUCER OF INTENTION TO CLAIM BOUNTY.

(a) , hereby gives notice that the abovementioned producer intends to claim bounty in respect of raw cotton to be produced in the ginnery situated at

Dated at this day of 194

(b)

(a) Insert name and address of producer.

(b) Signature of authorized agent.

The Schedule—continued.

Reg. 6. Form 3.

Commonwealth of Australia.

Raw Cotton Bounty Regulations.

APPLICATION FOR BOUNTY.

(a) hereby makes a claim for bounty under the Raw Cotton Bounty Act 1940 in respect of the raw cotton described hereunder:—

Raw cotton produced from.............................. to........................................	Liverpool price on Friday. / / 194	Rate of bounty payable.	Amount of bounty claimed.
lb.	pence per lb.	pence per lb.	£	s.	d.

Statutory Declaration.

I, (b) do solemnly and sincerely declare as follows:—

(1) I am the (c) of the raw cotton specified in the foregoing application for bounty.

(2) The raw cotton specified in the foregoing application for bounty was produced from Australian-grown seed cotton in premises situated at appointed by the Minister of State for Trade and Customs as a ginnery for the purposes of the Raw Cotton Bounty Act 1940.

(3) The description of the raw cotton and all the particulars relating thereto, specified in the foregoing application for bounty, are true and correct in every particular.

(4) The grades of the raw cotton are not (d) higher than the grade known as Strict Good Ordinary.

(5) Arrangements have been made for the bounty specified in the foregoing application to be distributed to growers of seed cotton in accordance with the Raw Cotton Bounty Regulations.

(6) The raw cotton is of good and merchantable quality.

(7) (e)The rates of wages and the conditions of employment observed in respect of persons employed in the production of the raw cotton, or in the production of the seed cotton from which that raw cotton was produced, were not less favorable to the persons so employed than the rates and conditions prescribed or declared in pursuance of section 14 of the Raw Cotton Bounty Act 1940.

(8) 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 producer to bounty in respect of the raw cotton has been forfeited or taken away.

(9) No other application for bounty has been made, nor has any bounty been paid, in respect of the raw cotton.

(a) Insert name and address of producer.

(b) Insert full name, address and occupation of declarant.

(c) Insert “producer” or “authorized agent of the producer”, whichever is applicable.

(d) Strike out the word “not” if necessary.

(e) This paragraph should be omitted if no rates and conditions have been prescribed or declared in the locality in which the raw cotton or seed cotton was produced.

 

The schedule—continued.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

(f)

Declared at this day of 194

Before me—

(g)

(h)

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

This declaration may be made before a Police, Stipendiary or Special Magistrate; Justice of the Peace, Commissioner for Affidavits; Commissioner for Declarations; or a Notary Public.

(f) Signature of declarant.

(g) Signature of person before whom the declaration is made.

(h) Insert title of person before whom declaration is made.

 

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