STATUTORY
RULES.
1940. No. 21.
–––––
REGULATIONS
UNDER THE SULPHUR BOUNTY ACTS 1939.*
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 Sulphur Bounty Acts 1939.
Dated
this thirty first day of January, 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for
Trade and Customs.
––––
Sulphur Bounty Regulations.
Citation.
1. These Regulations may
be cited as the Sulphur Bounty Regulations.
Definitions.
2.—(1.)
In these Regulations, unless the contrary intention appears—
“bounty”
means bounty under the Act;
“the
Act” means the Sulphur Bounty Acts 1939,
and, if that Act is at any time amended, includes that Act as so amended.
(2.) In these Regulations, any
reference to a Form shall be read as a reference to a Form in the Schedule to
these Regulations.
Authorized
agents.
3.—(1.) A manufacturer may
appoint, in accordance with Form 1, an authorized agent to execute on his
behalf any notice, declaration, certificate or other document required for the
purposes of the Act or these Regulations, and the authorized agent may execute
on behalf of his principal any such notice, declaration, certificate or other
document accordingly.
(2.) Any notice, declaration,
certificate or other document so executed shall be as effective as if it had
been executed by the principal.
Notice
of intention to claim bounty
4. A manufacturer who
intends to claim bounty shall furnish to the Collector in the State in which
the sulphur or sulphuric acid has been, or is to be, produced a notice of
intention to claim bounty in accordance with Form 2—
(a) where he is producing sulphur or
sulphuric acid (in respect of which he intends to claim bounty) during the
period of fourteen days after the commencement of these Regulations—within that
period; or
*
Notified in the Commonwealth Gazette ,
1940.
21.—6/19.1.1940.—Price 3d.
(b)where he begins to produce sulphur or sulphuric acid (in respect of which
he intends to claim bounty) after that period—at least fourteen days before he
begins to produce that sulphur or sulphuric acid.
Form
of application for bounty.
5. An application for
bounty shall be in accordance with Form 3 and shall be supported by a statutory
declaration in accordance with the form contained in that Form.
Time
within which applications for bounty are to be made.
6.—(1.) An application for
bounty shall be lodged with the Collector in the State in which the sulphur or
sulphuric acid was produced within sixty days after the end of the quarter
during which the production thereof was completed.
(2.)
In this regulation, “quarter” means any period of three months ending on the
last day of March, June, September or December.
Conditions
of manufacture.
7.—(1.)
Australian and imported materials intended for use in the production of sulphur
or sulphuric acid shall be stored separately to the satisfaction of the
Collector.
(2.)
Sulphuric acid produced from imported sulphur or other materials shall be
stored, to the satisfaction of the Collector, separately from sulphuric acid
produced from zinc concentrates, iron pyrites and spent oxide of Australian
origin.
Determination
of sulphur equivalent of sulphuric acid.
8. The sulphur equivalent
of any sulphuric acid in respect of which a claim for bounty is made shall be
determined by ascertaining the quantity of the sulphuric acid calculated to a
strength of one hundred per centum and dividing that quantity by 2.955.
Return
for Parliament.
9. The return referred to
in section 21 of the Act shall, in addition to setting forth the particulars
specified in paragraphs (a) and (b) of sub-section (2.) of that section,
set forth—
(a) whether each manufacturer in a
locality in which standard rates of wages or conditions of employment have been
prescribed or declared in pursuance of section 9a
of the Act who has been paid bounty has observed, in respect of the persons
employed by him in the manufacture of the sulphur and sulphuric acid in respect
of the production of which the bounty was paid, rates of wages and conditions
of employment not less favorable to the persons so employed than the rates and
conditions so prescribed or declared; and
(b) where the rates or conditions so
prescribed or declared have not been observed, the extent to which
non-observance has occurred, the amount of bounty (if any) withheld for that
reason, and what action (if any) has been taken by the manufacturer to compensate
the persons so employed in respect of his failure to observe those rates and
conditions.
THE
SCHEDULE.
Reg.
3. Form
1.
Commonwealth
of Australia.
Sulphur
Bounty Acts 1939.
APPOINTMENT
OF AUTHORIZED AGENT.
(a) Insert name and address of
manufacturer.
(b) Insert full name and description of
authorizing officer.
(c) Insert name, address and description
of agent.
(d) Signature of authorizing officer.
(e) Signature and address of witness.
(f) Signature of agent.
On behalf of (a)
I,
(b)
hereby
nominate, constitute and appoint (c)
(a
specimen of whose signature appears hereunder) to be the agent of the
abovementioned manufacturer for the purposes of the Sulphur Bounty Acts 1939
and the Regulations thereunder, and to execute on that manufacturer’s behalf
any notice, declaration, certificate or other document required for the
purposes of the Act and those Regulations.
Dated at this day
of 19
(d)
(e)
(f)
Reg.
4. Form
2.
Commonwealth of Australia.
Sulphur
Bounty Acts 1939.
NOTICE
BY MANUFACTURER OF INTENTION TO CLAIM BOUNTY.
Note. —This form, when
filled in, should be forwarded to the Collector of Customs.
(a) Insert name and address of
manufacturer.
(b) Insert full name and description of
authorized agent.
(c) Signature of authorized agent.
On behalf of (a)
I,
(b) ,
hereby give notice that the abovementioned manufacturer intends to claim bounty
in respect of sulphur or the sulphur equivalent of sulphuric acid produced or
to be produced in the factory situated at for
sale for use in the Commonwealth.
Dated at this day
of 19 .
(c)
Reg.
5.
Form 3.
Commonwealth of Australia.
Sulphur
Bounty Acts 1939.
APPLICATION
FOR BOUNTY.
Note. —This form, when
filled in, should be forwarded to the Collector of Customs.
(a) Insert name and address of
manufacturer.
(a)
hereby
applies for bounty in respect of the sulphur or the sulphur equivalent of the
sulphuric acid described hereunder, the production of which was completed by
that manufacturer in the factory situated at during
the quarter ended on the last day of , 19 .
(b) Delete whichever inapplicable. If
sulphur is produced, use only the first column of the table (inserting therein
the percentage of purity) and the last three columns.
(b) Sulphur.
Sulphuric
Acid.
Actual quantity
produced. | Quantity of sulphuric
acid calculated to a strength of 100 per cent. | Sulphur equivalent. | Imported cost during
such quarter—per ton. | Rate of bounty per
ton. | Amount of bounty
claimed. |
tons. | tons. | tons. | £. | s. | d. | £. | s. | d. | £. | s. | d. |
Total
(in words) | pounds | shillings | pence. |
Statutory Declaration.
(c) Insert full name, address and occupation
of declarant.
I, (c) do
solemnly and sincerely declare as follows:—
(d) Insert “manufacturer” or “authorized
agent of the manufacturer” whichever is applicable.
(1) I am the (d) of
the (e) sulphur/sulphuric acid
specified in the foregoing application for bounty.
(2)
The (e) sulphur/sulphuric acid was produced inpremises appointed by the Minister of State for Trade and Customs
as a factory for the purposes of the Sulphur
Bounty Acts 1939.
(e) Strike out whichever is not
applicable.
(3) The description of the (e)sulphur/sulphuric acid and all the particulars relating thereto, set out in
the foregoing application for bounty, are true and correct in every particular.
(4) (e) The sulphur was produced from Australian materials.
(e) The sulphuric acid was produced from zinc concentrates, iron
pyrites and spent oxide of Australian origin.
(5) The (e)sulphur/sulphuric acid
was produced for sale for use in the Commonwealth.
(6) The (e) sulphur/sulphuric acid is of good and merchantable quality.
(f) This paragraph should be omitted if
no rates and conditions have been prescribed or declared in the locality in
which the sulphur or sulphuric acid was manufactured.
(7) (f) The rates of wages and the conditions of employment observed by
the manufacturer in respect of the persons employed in the production of the (e)sulphur/sulphuric acid were not less favorable to the persons so employed
than the rates and conditions prescribed or declared in pursuance of section 9a of the Sulphur Bounty Acts 1939.
(8) 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 the right of the manufacturer to bounty in respect of the (e)sulphur/sulphur equivalent of the sulphuric acid has been forfeited or
taken away.
(9) To the best of my knowledge and
belief no other application for bounty has been made, nor has any bounty been
paid, in respect of the (e)
sulphur/sulphur equivalent of the sulphuric acid.
And I make this solemn declaration
by virtue of the Statutory Declarations
Act 1911 conscientiously believing the statements contained therein to be
true in every particular.
(g) Signature of declarant.
(g)
Declared at this day of ,
19 .
Before
me—
(h) Signature of person before whom the
declaration is made.
(i) Insert title of person before whom
declaration is made.
(h)
(i)
Note. —Any person who
wilfully makes a false statement in a statutory declaration is guilty of an
indictable offence, and is liable to imprisonment, with or without hard labour,
for four years.
This declaration may be made before
a Police, Stipendiary or Special Magistrate; Justice of the Peace; Commissioner
for Affidavits; Commissioner for Declarations; or a Notary Public.
By
Authority: L.F. Johnston,
Commonwealth Government Printer, Canberra.