Raw Cotton Bounty Regulations (Cth)

STATUTORY RULES.

1936. No. 22.

––––––

REGULATIONS UNDER THE RAW COTTON BOUNTY ACT 1934-1935.*

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 1934-1935.

Dated this Twenty Sixth day of February, 1936.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) J. W. White.

Minister of State for Trade and Customs.

 

Raw Cotton Bounty Regulations.

Short title.

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

Repeal.

2. The Raw Cotton Bounty Regulations (being Statutory Rules 1935, No. 12, as amended by Statutory Rules 1935, Nos. 31 and 105) are repealed.

Interpretation.

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

“bounty” means bounty under the Act;

“Collector” means the Collector of Customs for a State;

“officer” means an officer of the Department of Trade and Customs;

“producer” means the person, firm, company or growers’ cooperative institution who or which produces raw cotton from seed cotton by the process of ginning;

“the Act” means the Raw Cotton Bounty Act 1934-1935, and, if that Act is subsequently amended, includes that Act as so amended.

Grading of raw cotton.

4.—(1.) For the purposes of the Act and of these Regulations, raw cotton shall, subject to the next succeeding sub-regulation, be graded into the following grades:—

White Cotton—

Middling Fair.

Strict Good Middling.

Good Middling.

 

* Notified In the Commonwealth Gazette on , 1936.

236.—8/20.1.1936.—Price 3d.

 

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.

(2.) Each of the grades referred to in the last preceding sub-regulation shall be classed according to staple lengths of raw cotton ranging from one and three-sixteenths of an inch to one-quarter of an inch, each staple length being progressively less than the preceding staple length by one-sixteenth of one inch.

Claims for Bounty.

5. Claims for bounty on raw cotton shall be in accordance with Form A in the Schedule to these Regulations.

Producers to keep separate accounts.

6. Every producer shall keep two separate accounts, entitled “Bounty Account—Full Rates” and “Bounty Account—Half Rates” respectively, and such accounts shall be credited with the appropriate payments of bounty received by the producer from the Commonwealth and debited with the amounts of bounty distributed by the producer to growers of seed cotton at full rates and half rates respectively.

Distribution of bounty to growers.

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

(2.) For the purposes of such 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 any 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 the 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

 

* In pursuance of sub-section (3.) of section nine of the Act, bounty is payable on these grades at half rates.

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 any 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.

Stock-taking, inspection of manufacture and accounts, &c.

8. Any auditor appointed or authorized by the Minister may, at all reasonable times, enter upon any factory or premises where seed cotton is stored or where raw cotton, in respect of which bounty has been paid or has been claimed, is manufactured or stored, and may—

(a) inspect or take stock of the seed cotton or raw cotton in such factory or premises;

(b) inspect the process of manufacture of the raw cotton;

(c) inspect the accounts, books and documents relating to seed cotton and raw cotton delivered to, or produced in, the factory or premises; and

(d) make and take away extracts from those accounts, books and documents.

Claimants to allow access to factory, accounts, &c.

9. Claimants for bounty on raw cotton, or the organization, if any, representing such claimants shall—

(a) allow any auditor appointed or authorized by the Minister to have access at all reasonable times to any factory or premises for the purpose of inspecting or taking stock of seed cotton and raw cotton, or inspecting the process of manufacture of raw cotton;

(b) provide, when so requested by the auditor, all reasonable facilities and assistance to enable him effectively to inspect or take stock of seed cotton or raw cotton, or to inspect the process of manufacture of raw cotton;

(c) produce, when so requested by the auditor, any accounts, books and documents relating to the seed cotton or raw cotton and to the receipt or distribution of bounty for examination and audit by the auditor; and

(d) supply such samples of the seed cotton or raw cotton as the Collector requires.

Examination of claimants, &c., on oath.

10.—(1.) The Comptroller-General of Customs, the Collector or an auditor appointed or authorized by the Minister, may examine on oath any claimant, or any employee or agent of a claimant, or any other person whom he reasonably believes to have knowledge of any facts in relation to the accounts, books and documents referred to in regulations 8 and 9 of these Regulations, and the claimant, employee, agent or other person shall, at such examination, answer all questions asked by the Comptroller-General, the Collector or the auditor in relation to the accounts, books and documents, and shall, if required in writing by the Comptroller-General, the Collector or the auditor, confirm by statutory declaration any statement made to the Comptroller-General, the Collector or the auditor in relation to the accounts, books and documents.

(2.) For the purposes of this regulation, the Comptroller-General, the Collector or the auditor shall have power to administer oaths.

Offences.

11. Any person who commits a breach of, or fails to comply with, any 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. 5. Form A.

Commonwealth of Australia.

Row Cotton Bounty Act 1934-1935.

    

Financial Year 19

CLAIM FOR BOUNTY ON RAW COTTON.

I, (name in full), (status of signatory) hereby make the following claim for bounty under the Raw Cotton Bounty Act 1934-1935:—

Raw cotton produced from....................... to....................	Liverpool price on Friday …/…/193	Rate of bounty payable.	Amount of bounty claimed.
lbs.	pence per lb.	pence per lb.	£	s.	d.

I hereby declare that—

*Strike out paragraph if inappropriate.

*(1) I have authority on behalf of the (name or designation of claimant)to make and sign this claim for bounty;

(2) the raw cotton referred to in the Table set out above was produced from Australian-grown seed cotton by the claimant at the .................................................. … …………Ginnery in the State of ……………, and the particulars set forth in that Table are true and correct;

 Strike out the word “not” if necessary.

(3) the grades of the said raw cotton are not  higher than the grade known as Strict Good Ordinary;

(4) the said raw cotton is of good and merchantable quality;

(5) no other claim for bounty has been made, nor has any bounty been paid, in respect of the said raw cotton;

(6) arrangements have been made for the bounty to be distributed to growers of seed cotton in accordance with the Raw Cotton Bounty Regulations;

(7) the rates of wages paid and the conditions of employment observed in respect of all labour employed by the claimant in the production of the said raw cotton were in accordance with current awards of the (insert name of industrial authority), copies of which awards have been supplied by me to the Minister;

(8) Nothing on the part of the claimant 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 claimant to bounty in respect of the said raw cotton has been forfeited or taken away.

 

/ /19 .

Declared at....................................................... this ……………………………………day of …………………………19…………, before me—-

 

Officer of Customs or J.P.

Grader’s Certificate.

I,................................................ Government Cotton Grader, hereby declare that the raw cotton referred to in the above Claim has been correctly graded and stapled in accordance with the Raw Cotton. Bounty Act 1934-1935 and the regulations thereunder.

 

/ /19 .

Declared at................................. this………………………………day of ……………………19……, before me—

 

Officer of Customs or J.P.

Officer’s Certificate.

I certify to the best of my knowledge and belief, after due inquiry, that the particulars and statements contained in the above claim for bounty are true and correct for the purposes of the Raw Cotton Bounty Act 1934-1935 and that the claimant is entitled to bounty on the raw cotton specified in such claim.

 

Officer of Customs.

/ /19 .

I certify that this account is correct within the meaning of section 34 of the Audit Act 1901-1934.

 

Certifying Officer.

/

/19.

Cheque No 

 

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