Shale Oil Bounty Regulation 1917 (Cth)

STATUTORY RULES.

1917. No. 277.

———

REGULATIONS UNDER THE SHALE OIL BOUNTY ACT 1917.

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 Shale Oil Bounty Act 1917 to come into operation as from the 1st September, 1917.

Dated this twenty-fourth day of October, One thousand nine hundred and seventeen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

J. A. JENSEN,

Minister for Trade and Customs.

———

SHALE OIL BOUNTY REGULATIONS.

Short Title.

1. These regulations may be cited as the Shale Oil Bounty Regulations 1917.

Definitions.

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

“Authorized person” means a person appointed in writing by the Collector to be an authorized person for the purposes of these regulations;

“Bounty” means bounty under the Act;

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

“Works” means the premises specified in any notice of intention to claim bounty or claim for bounty given or made under the Act, and includes all places under the control of the manufacturer connected with the winning, storing, conveyance, or treatment of the raw materials used in the manufacture of the goods upon which bounty is claimed;

“Oil” means crude shale oil, a product obtained by destructive distillation (known as retorting) of mined kerosene shale and to which product no processes of refining have been applied;

“Year” means the period from the first day of September in any one year to the thirty-first day of August in the next succeeding year, both days inclusive;

“The Act” means the Shale Oil Bounty Act 1917.

C.12969.—Price 3d.

Notice of Intention to Claim Bounty.

3. (1) Notice of intention to claim bounty upon any of the goods specified in the Schedule to the Act shall be given to the Collector by the manufacturer at least thirty days before the claim for bounty is made.

(2) If so requested by a manufacturer the Collector may accept a notice of intention to claim bounty as a continuing notice.

Form of Notice.

4. The notice of intention to claim bounty shall be in accordance with the following form:—

This form when filled in to be forwarded to the State Collector.

Commonwealth of Australia.

The Shale Oil Bounty Act 1917.

Notice by Manufacturer of Intention to Claim Bounty.

State of

To the Collector of Customs,

..........................................................

I hereby give notice that I intend to claim bounty in respect of Crude Shale Oil produced in my works from mined Australian kerosene shale; and (a)request that this be accepted as a continuing notice.

My works are situate at

Signature of Manufacturer.

Address

Date 19

Witness

(a) The words from “and” to “notice” to be struck out if it is desired to claim bounty upon one lot of goods only.

Goods on which Bounty is Payable.

5. A manufacturer shall only be entitled to claim bounty in respect of oil produced after the 31st August, 1917, at the works specified in the notice of intention to claim bounty.

Transferee of Works may Claim Bounty without Fresh Notice.

6. (1) Where a manufacturer has given a continuing notice of intention to claim bounty in respect of oil produced at a works, and the works has subsequently become transferred to some other person, the transferee may claim bounty in respect of oil produced by him at the works without a fresh notice of intention to claim bounty being necessary on his part.

(2) A works shall be deemed to have become transferred where it has passed from one person to another person by act of parties or by operation of law.

Minimum Quantity.

7. The minimum quantity of oil in respect of which any claim for bounty may be made or recognised shall be 250,000 gallons.

Powers of Authorized Person.

8. Any authorized person may, at all reasonable times, enter upon any works where any oil in respect of which notice of intention to claim bounty has been given is produced, and may inspect the process of production and any books of the manufacturer for the purpose of ascertaining and reporting on the conditions of employment obtaining, the rates of wages paid, the amount of capital invested by the manufacturer in the production of the oil, and the cost of production and manufacture of the oil.

Inspection ofProcess of Manufacture, etc.

9. Where notice of intention to claim bounty has been given in accordance with these regulations, the manufacturer giving the notice shall—

(a)allow any authorized person to have access at all reasonable times to the works named in the notice, for the purpose of inspecting the process of manufacture of the oil;

(b) provide, when requested by an authorized person so to do, all reasonable facilities and assistance necessary to enable the authorized person to effectively inspect the process of production of the oil;

(c) keep books showing clearly, in respect of all oil upon which it is intended to claim bounty—

(a)the conditions of employment obtaining and the rates of wages paid to employees in connexion with its production; and

(b) the cost of its production;

(d)produce such books for the inspection of any authorized person when required by him so to do; and

(e) supply such samples of the oil as the Collector requires.

Form of Claim for Bounty.

10. The claim for bounty shall be in accordance with the following form, and shall be dealt with as shown thereon:—

The Commonwealth of Australia.

This form when filled in to be forwarded to the State Collector.

Departmental Registration

Number.

Dr. to (a)

Year 19

State of

The Shale Oil Bounty Act 1917.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of oil produced by me, at my works, during the year ending 31st August, 19

    . The particulars relating to the oil are as follow:—

Particulars.

Works situated at.	Quantity of Crude Shale Oil on which Bounty is claimed.	Rate of Bounty.	Amount of Bounty claimed.
Gallons.	£ s. d
Total shillings and Signature of Manufacturer—	pence.	pounds £

(a) Insert name and full address.

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements in the above claim for Bounty are true and correct for the purposes of the Shale Oil Bounty Act 1917, and that the claimant is entitled to bounty on the goods specified in the claim.

Officer of Customs.

Date,//

 

I certify that this account is correct within the meaning of Section 34 of the Audit Act 1901-1912.

Certifying Officer.

Date,//

 

Received on the 19 , from

Esquire, the sum of pounds shillings

and pence, in full payment of the above account.

Witness to the payment and Signature—

———

Declaration to be Indorsed on Claim for Bounty.

I, of , do hereby declare as follows:—

(1) I am the producer of the oil specified in this claim for bounty.

(2) The oil was produced by me at the works mentioned in the notice of intention to claim bounty given by me.

(3) The whole of the oil specified in this claim for bounty is crude shale oil, a product obtained by destructive distillation (known as retorting) of mined kerosene shale and to which product no processes of refining have been applied, and is of good and merchantable quality.

(4) 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 my right to bounty in respect of the oil has been forfeited or taken away.

(5) No other claim for bounty has been made in respect of the oil specified in this claim for bounty.

(6) The conditions of employment obtaining and rates of wages paid by me to employees employed in my works in the production of the oil are as shown hereunder, and such rates are in no case below the standard applicable in this State for similar labour engaged in similar work (b).

 

Employee.		Hours of Labour per Week.	Rate of Wages paid per Week. (State whether with or without keep.)	Remarks.
(c) Name or Number.	Occupation.

Signature of Manufacturer—

Declared before me at this day of  19

Officer of Customs or J.P.

(b) If the conditions of employment and rates of wages in the industry have been determined by a Commonwealth or State industrial authority add after the word “work” the words “as determined by the [here insert name of Court or statutory body].”

(c) Where there are several employees of one class receiving the same rate of wages it will suffice to insert the number.

 

Order No. 1.

I hereby authorize the amount of this account to be paid to my account at the

Bank of at

Signature of Claimant.

 

Order No. 2.

I hereby direct that an Order authorizing the bearer thereof to receive the amount of this account be transmitted to me.

Signature of Claimant.

Address.

 

Directions.

If the Claimant is unable to attend in person at the Department, he may obtain payment by signing one of the above Orders.

By filling up and signing Order No. 1 he may direct the amount to be paid to his credit at any bank in the Commonwealth.

By signing Order No. 2 he may obtain an Order Form by registered post which, when signed by him, may be collected by bearer. This Order will be paid by the Department if the signature thereon agrees with the signature of Claimant on this account.

The Claimant may, if he prefer, issue an order in the form of Order No. 3 of the Treasury Regulations.

Time within which Claim for Bounty is to be Made.

11. (1) The claim for bounty shall be made within thirty days after completion of the production of the prescribed minimum quantity, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

(2) In order to allow of a claim for bounty being considered in relation to the funds available for payment of the bounty in the year in which it is made, it should be lodged with the Collector before the first day of August in that year.

(3) Claims received after the first day of August in any year shall, unless the Minister otherwise directs, be considered in relation to the funds available for the payment of bounty in the next year.

Proportion of Bounty Payable when Amount Available Insufficient to Pay Whole.

12. When the amount available to pay bounty in any one year, as determined by the provisions of the Act, is insufficient for the payment in full of all duly rendered claims, as regards which the Minister is satisfied that the requirements of the Act and Regulations have been complied with, the bounty payable to each claimant shall be in the same ratio to his claim as the total sum available bears to the total claims.

13. In relation to any claim for bounty under the Act the Minister may—

(a)determine by order under his hand the amount which shall for the purposes of the Act be deemed to be the capital invested by the producer in the production of the oil; and

(b)deduct from the bounty payable to the producer an amount, determined by the Minister, not exceeding the profits in excess of 10 per cent. per annum of the capital so determined.

14. In relation to any claim for bounty under the Act, the Minister may determine by order under his hand whether production by the claimant in any particular locality is for the purposes of the Act production by the claimant at a separate deposit.

C.12969.—2.

APPENDIX

Note.—For the purpose of reference the Schedule to the Act and portion of Section 4 thereof are hereto appended.

Schedule to the Shale Oil Bounty Act 1917.

Description of Goods.	Period dating from 1st September, 1917, during or in respect of which Bounty may be paid.	Rate of Bounty payable in each Year to each Producer on Goods produced by him at each separate Deposit as prescribed.	Maximum Amount which may be paid in any One Year.	Date of Expiry of Bounty.
Crude Shale Oil, as prescribed, produced in Australia from Mined Kerosene Shale	4 years	On each gallon up to 3,500,000 gallons 2¼d. On each gallon exceeding 3,500,000, but not exceed-5,000,000 gallons 2d. On each gallon exceeding 5,000,000 gallons, but not exceeding 8,000,000 gallons 1¾ d. On each additional gallon........... 1½d.	£67,500	31st August, 1921

Section 4 of the Act provides that “the total amount of the bounty authorized to be paid in any one year shall not exceed the sum of Sixty-seven thousand five hundred pounds. Where the maximum amount of bounty which may be paid in any year has not been paid in that year, the unpaid balance, or any part thereof may be paid in any subsequent year in addition to the maximum amount for that year.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.