Shale Oil Bounty Regulations (Cth)

STATUTORY RULES.

1928. No. 76

 

REGULATIONS UNDER THE SHALE OIL BOUNTY ACT 1917–1926.

I, THE Deputy of 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 1917–1926, to come into operation forthwith.

Dated this 26th day of July, One thousand nine hundred and twenty-eight.

Deputy of the Governor-General.

By His Excellency’s Command,

for Minister of State for Trade and Customs.

 

SHALE OIL BOUNTY REGULATIONS.

Short title.

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

Definitions.

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

“Authorized agent” means a person appointed in accordance with regulation 3 to be an authorized agent for the purposes of these Regulations;

“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 1917–1926, and includes that Act as amended from time to time.

870.

 

Authorized agents.

3. (1) Any producer may appoint an authorized agent to execute on his behalf any declaration, certificate or document required for the purposes of the Act or these Regulations.

(2) The appointment of an agent shall be in accordance with the following form:—

Commonwealth of Australia.

Shale Oil Bounty Act 1917–1926.

Appointment of Authorized Agent.

(a) Here insert name, address and description of principal.

(b) Here insert name, address and description of agent.

(c) Signature of principal.

I/We (a) hereby nominate constitute and appoint (b)  to be my/our agent for the purposes of the Shale Oil Bounty Act 1917–1926 and the regulations thereunder and to sign on my/our behalf any declaration certificate or document required for the purposes of the said Act and the regulations thereunder.

(c).............................................................

Witness

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

(3) An authorized agent appointed in pursuance of these Regulations may execute on behalf of his principal any declaration, certificate or document required under the Act or these Regulations in relation to any claim for bounty by the principal and any declaration, certificate or document so executed shall be as effective as if executed by the principal.

Notice of intention to claim bounty.

4. (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 producer at least thirty days before the claim for bounty is made.

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

Form of notice.

5. 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 1917–1926.

Notice by Producer of Intention to Claim Bounty.

State of

To the Collector of Customs,

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

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

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

(b) Here insert name of producer if authorized agent signs notice.

..................................... Signature of Producer.

or (b)..............................................

per................................................ Authorized Agent.

Address

Date 19

Witness

Goods on which bounty is payable.

6. A producer shall only be entitled to claim bounty in respect of oil produced at the works specified in the notice of intention to claim bounty.

Transferee of works may claim bounty without fresh notice.

7. (1) Where a producer has given a continuing notice of intention to claim bounty in respect of oil produced at his works, and the works have 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.

8. The minimum quantity of oil in respect of which any claim for bounty may be made or recognized shall be 40,000 gallons.

Powers of authorized person.

9. 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 producer 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 producer in the production of the oil, and the cost of production and manufacture of the oil.

Inspection of process of manufacture, &c.

10. Where notice of intention to claim bounty has been given in accordance with these regulations, the producer 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 inspect effectively 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.

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

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

(a) Insert name and full address.

The Commonwealth of Australia.

Departmental Consecutive Number.

Departmental Registration Number.

The Shale Oil Bounty Act 1917–1926.

Dr. to (a)

Financial Year 19 State of

 

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 follows:—

Particulars.

(b) Here insert name of producer if Authorized Agent signs claim.

Works situated at—	Quantity of Crude Shale Oil on which Bounty is claimed.	Rate of Bounty.	Amount of Bounty claimed
Gallons.	£	s.	d.
	Total pounds shillings and pence. Signature of producer.......................................... £ or (b).......................................... per................................... Authorized Agent.

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 1917–1926, 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 1901–1926.

Certifying Officer.Date,//

 

Received on the 19 , from

the sum of pounds shillings and pence, in full payment of the above account.

Witness to the payment and Signature—

Cheque No.

Declaration to be Endorsed 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 (c).

(c) 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].”

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

(e) Here insert name of manufacturer if Authorized Agent makes declaration.

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

............................................... Signature of Producer.

or (e) per............................................ Authorized Agent.

Declared before me at this day of 19

Officer of Customs or J.P.

Order.

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

Signature of Claimant.

 

Time within which Claim for Bounty is to be paid.

12. 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.

Proportion of bounty payable when amount available insufficient.

13. If at any time during any year the Minister considers that the amount available for bounty for that year as determined by the Act may be insufficient to pay in full all valid claims for bounty expected to be received during that year, the Minister may approve of progress payments to be made on each claim at such proportion of the full rate of bounty as he determines:

Provided that—

(a) the rate of bounty at which the progress payments shall be made in any such year shall be the same to each applicant for bounty; and

(b) additional payments shall subsequently be made in the manner prescribed in the last preceding paragraph to each applicant in respect of all short paid claims for any such year to the extent, if any, of the amount of bounty available for that year, together with any unpaid balance, or any part thereof, remaining available from any previous year.

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

Reduction of bounty where profits exceed ten per centum.

(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 ten per cent. per annum of the capital so determined.

Production at different deposits.

15. 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.

Repeal.

16. The Shale Oil Bounty Regulations (being Statutory Rules 1917, No. 277, as amended by Statutory Rules 1923, No. 140) are repealed.

  

By Authority: H. J. Green, Government Printer, Canberra.