Raw Cotton Bounty Regulations (Cth)

STATUTORY RULES.

1935. No. 12.

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REGULATIONS UNDER THE RAW COTTON BOUNTY ACT 1934.*

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.

Dated this Twentieth day of February, 1935.

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

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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;

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

“factory” means the premises specified in any notice of intention to claim bounty, or in any claim for bounty, given or made under the Act;

“officer” means officer of Customs;

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

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

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

Grading of raw cotton.

3.—(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:—

Middling Fair.

Strict Good Middling.

Good Middling.

Strict Middling.

Middling.

Strict Low Middling.

Low Middling.

Strict Good Ordinary.

Good Ordinary.

 

* Notified in the Commonwealth Gazette on , 1935.

591.—12/15.2.1935.—Price 0d.

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.

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-half of an inch, each staple length being progressively less than the preceding staple length by one-sixteenth of one inch.

Claims for bounty.

4. Claims for bounty on raw cotton shall be in accordance with Form A.

Distribution of bounty to growers.

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

(2.) Within fourteen days after the payment of any bounty to him in respect of any raw cotton, the producer shall distribute not less than seventy per centum of the payment to the growers of seed cotton from which the raw cotton was produced, and shall distribute the balance of the bounty to them within sixty days after the date of the completion of his production of raw cotton for the season.

(3.) 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,

(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,

and the amount of bounty to be distributed to each grower shall be ascertained, in respect of each variety of seed cotton delivered by him during the season, in accordance with the following formula:—

 

A = the amount to be distributed to the grower in respect of any particular variety of seed cotton,

a = the number of pounds of seed cotton of that variety delivered by the grower during the season,

b = the total number of pounds of seed cotton of that 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 that variety of seed cotton during the season.

Producers to keep separate accounts for high and low grades.

6. Every producer shall keep two separate accounts, which shall be called “Bounty Account—High Grade Cotton” and “Bounty Account—Low Grade Cotton” respectively, which shall be credited with the appropriate payments of bounty received from the Commonwealth and debited with all payments to growers of seed cotton made in pursuance of these Regulations.

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

7. 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.

8. 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.

9.—(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 7 and 8 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.

10. 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. 4. Form A.

Commonwealth of Australia.

  

Raw Cotton Bounty Act 1934.

   

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:—

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—

*(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;

(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.

* Strike out paragraph if inappropriate.

 Strike out the word “not” if necessary.

 

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 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, 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.......

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