Sulphur Bounty Regulations 1923 (Cth)

STATUTORY RULES.

1923. No. 149.

REGULATIONS UNDER THE SULPHUR BOUNTY ACT 1923.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council do hereby make the following Regulations under the Sulphur Bounty Act 1923, to come into operation forthwith.

Dated this nineteenth day of October, 1923.

FORSTER,

By His Excellency’s Command,

G. E. PEARCE,

for Minister of State for Trade and Customs.

SULPHUR BOUNTY REGULATIONS.

Short Title.

1. These Regulations may be cited as the Sulphur Bounty Regulations 1923.

Definitions.

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

“Authorized person” means a person appointed in writing by the Minister for Trade and Customs to be an authorized person for the purposes of these Regulations;

“Bounty” means bounty under the Act;

“Collector” means Collector of Customs for the State;

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

“The Act” means the Sulphur Bounty Act 1923;

“Officer” means Officer of Customs.

“Sulphur” means the sulphur contained in sulphuric acid as to which a certificate is given in pursuance of section 5 of the Act.

Notice of Intention to Claim Bounty.

3. (1) Notice of intention to claim bounty under 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.

C.13836.—Price 3d.

 

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 Collector.

Commonwealth of Australia.

Sulphur Bounty Act 1923.

Notice by producer 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 sulphur produced.

after the day of 192 , *and request that this be accepted as a continuing notice.*

Signature of Producer.

Address,

Date 19

Witness

Note.—Words between asterisks may be omitted if desired.

Form of Claim for Bounty.

5. 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 Collector.

Commonwealth of Australia.

Departmental Registration

Number.

Dr. to (a)

(a) Insert name and full address.

Financial year 19 State of

Sulphur Bounty Act 1923.

(b) Here insert date of completion of production of the sulphur in respect of which claim is made.

Pursuant to notice of intention to claim, I hereby claim bounty in respect of sulphur produced by me after the day of 19 , and up

to the (b)  I attach herewith a certificate stating the number of tons of sulphuric acid, calculated to a strength of 100 per centum, containing the sulphur in respect of which bounty is hereby claimed and that the sulphuric acid has been manufactured from Australian pyrites or other sulphide ores or concentrates. The particulars relating to the sulphur are as follow:—

Particulars.

Factory situated at.			Weight, and Description of Sulphur on which Bounty is claimed.			Rate of Bounty.		Amount of Bounty claimed.
Total	pounds
shillings		pence
Signature of Producer—				£

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above claim for bounty are true and for the purposes of the Sulphur Bounty Act 1923, and that the claimant is entitled to bounty on the sulphur specified in the claim.

Officer of Customs.

19 .

I certify that this account is correct within the meaning of Section 34 of the Audit Act 1901-1920.

Certifying Officer Date,  /     /

Received on the 19 , from

the sum of pounds

shillings 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 sulphur specified in this claim for bounty.

2. The sulphur was produced at the factory mentioned in the notice of intention to claim bounty given by 

3. The description of the sulphur, and the particulars relating thereto, set out in this claim for bounty, are true and correct in every respect.

4. The whole of the sulphur specified in this claim for bounty—

(a) has been produced from Australian pyrites or other sulphide ores or concentrates;

(b) is of good commercial quality.

5. 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 sulphur has been forfeited or taken away.

6. No other claim for bounty has been made nor has any bounty been paid in respect of the sulphur specified in this claim for bounty.

7. The particulars set out hereunder as to persons employed in the factory in the production of the sulphur, the hours worked by and the rates of wages paid to them, &c., are true and correct.

8. The said rates and the conditions of employment are in accordance with (d)

(d) Here insert a general reference to the Federal or State enactment, award, or determination under which employees are working or such agreement or other arrangement between the producer of the sulphur and the employees engaged in this industry.

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

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

Signature of Producer.

Declared before me, at , this day of 19

Officer of Customs or J.P.

Form of Certificate by Manufacture of Sulphuric Acid.

I, , being the manufacturer of the sulphuric acid containing the sulphur specified in the attached claim for bounty, hereby certify that I manufactured the said sulphuric acid in my premises at between

192, and

192 , and that the

said sulphuric acid consists of tons calculated to a strength of

one hundred per centum and that such sulphuric acid has been manufactured from Australian pyrites or other sulphide ores or concentrates owned by

Signature of Manufacturer,

Declared before me, at , this day of 19 .

Powers of Authorized Person.

6. Any authorized person may, at all reasonable times, enter upon any factory or premises where there is produced or stored any sulphuric acid containing sulphur in respect of which notice of intention to claim bounty has been given, and may inspect the process of manufacture of that acid and the accounts books and documents of the manufacturer for the purposes of examination and audit and of ascertaining and reporting on the cost of production of that acid.

Inspection of Process of Manufacture, etc.

7. 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, or secure access for that person, at all reasonable times to the factory named in the notice, for the purpose of inspecting the process of manufacture of the sulphuric acid containing the sulphur in respect of which the notice has been given;

(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 manufacture or production of the sulphuric acid;

(c) keep books and accounts showing clearly the cost of production and selling price of all sulphuric acid containing sulphur upon which bounty is intended to be claimed, the capital employed in the business and the net profits derived therefrom during each financial year;

(d) produce such books and accounts and the documents relating to entries therein for examination and audit by any authorized person when required by him so to do; and

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

Minimum Quantity.

8. The minimum quantity of sulphur in respect of which any claim for bounty may be made or recognised shall be 250 tons.

Method of Ascertaining Production.

9. The quantity of sulphur upon which bounty is payable upon any claim under this Act shall be ascertained by dividing the number of tons of the sulphuric acid manufactured (calculated to a strength of one hundred per centum) stated in the certificate accompanying the claim by 2.955, or by such other factor as may be determined by the Minister at any time as being the degree of recovery of sulphur from pyrites or other sulphide ores in individual instances.

Time within which Claim for Bounty is to be Made.

10. Claim for bounty on sulphur produced in a factory before the date of these Regulations shall be made within thirty days after these Regulations come into force and thereafter claims shall be made within thirty days after completion of production, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

 

Proportion of Bounty Payable when Amount Available not Sufficient to Pay Whole.

11. When the amount available to pay bounty in any one financial year, as determined by the provisions of the Act, is insufficient for 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 in respect of each such claim shall be in the same ratio to the claim as the sum total available for that period bears to the total of such claims in respect of that period.

Determination of Capital and Profits.

12 (1) In relation to any claim for bounty under the Act the Minister may determine the respective amounts which shall for the purposes of the Act be deemed to be the capital employed in respect of the business in connexion with which bounty is payable and the net profits arising therefrom in any financial year, and may deduct from any bounty payable to the producer an amount not exceeding the amount by which the profits earned exceed ten per centum per annum upon the amount of capital so determined.

(2) Every such determination shall be final and conclusive and without appeal.

 

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