Wine Export Bounty Regulations (Cth)

STATUTORY RULES.

1930. No. 96.

REGULATIONS UNDER THE WINE EXPORT BOUNTY ACT 1930.

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 WineExport Bounty Act 1930, to come into operation as on and from the 5th day of June, 1930.

Dated this sixteenth day of August, 1930.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

J. E. FENTON

Minister of State for Trade and Customs.

 

Wine Export Bounty Regulations.

Short title.

1. These Regulations may be cited as the Wine Export Bounty Regulations.

Definitions.

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

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

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

“Bounty” means bounty under the Act;

“Collector” means Collector of Customs for a State;

“Exporter” means the owner of the fortified wine at the time when the export entry is passed;

“Officer” means an officer of Customs;

“The Act” means the Wine Export Bounty Act 1930, and if that Act is subsequently amended, includes that Act as so amended.

(2.) Any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Notice of intention to export and claim bounty.

3.—(1.) Every person who intends to claim bounty on fortified wine shall, unless the Minister otherwise directs, forward to the Collector at the port of export, at least seven days before shipment, a notice in accordance with Form A, and such samples of the wine specified in the notice as the Collector requires.

(2.) In addition to the information supplied on Form A, the exporter shall supply such further information relating to the fortified wine proposed to be shipped as the Collector from time to time requires.

 

Contents of vessels.

4.—(l.) The contents of vessels containing fortified wine are to be ascertained by weighing and the specific gravity is to be taken by a Beaume instrument graduated from 0 to 10 degrees and having each degree divided into ten parts.

(2) The following scale of weights in pounds for each degree and half degree of Beaume shall be used:—

Beaume degree.	lb. per gallon.
1	10.07
1.5	10.10
2.	10.14
2.5	10.18
3	10.21
3.5	10.25
4	10.29
4.5	10.33
5	10.36
5.5	10.40
6	10.43
6.5	10.47
7	10.51
7.5	10.55
8	10.59
8.5	10.63
9	10.66
9.5	10.70
10	10.74

(3.) In determining the contents of vessels containing fortified wine quantities shall be calculated to tenths of a gallon, parts of a gallon less than five-tenths being disregarded, and parts of a gallon from five-tenths to nine-tenths inclusive being regarded as half a gallon.

Claims for bounty.

5. Claims for bounty shall be lodged with the Collector for the State from which the wine is exported, and shall be in accordance with Form B, and accompanied by a certificate in accordance with Form C.

Power of authorized person.

6. Any authorized person may, at all reasonable times, enter upon any premises where there is stored any fortified wine in respect of which notice of intention to export and claim bounty has been given, and may inspect the fortified wine and all books of account and documents of the exporter for the purposes of examination and audit, and may, upon inspection or audit, make and take away extracts from those books of account and documents.

Collector to be advised of spirit purchases.

7.—(1.) A copy of all contracts relating to the purchase of fortified spirit by exporters, or by winemakers who sell wine to exporters, shall be forwarded to the Collector as soon as such contracts are made.

(2.) Where fortifying spirit is purchased other than by means of a formal contract, a copy of the correspondence relating to such purchase shall forthwith be forwarded to the Collector.

Collector to be advised of wine purchases.

8. Whenever wine of any kind is purchased by a person who intends to claim bounty under the Act, full particulars of the purchase shall be supplied to the Collector forthwith.

Collector may require particulars of wine and spirit purchased during preceding two years.

9. Where a claim for bounty is lodged, the Collector may require the exporter to furnish full particulars of all wine and fortifying spirit purchased by him during the two years immediately preceding the date of export.

Inspection of books of account, &c.

10. Where notice of intention to claim bounty has been given in accordance with these Regulations, the exporter giving notice shall—

(a) allow any authorized person to have access at all reasonable times to his premises for the purpose of inspecting accounts books and documents in his possession or control relating to grapes or to fortifying spirit purchased;

(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 and audit all books of account kept by him in accordance with the Act and all documents in his possession or control relating to grapes or to fortifying spirit purchased; and

(c) 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.

Charge for officer’s services.

11. Every claimant for bounty who requests the services of an officer shall pay to the Collector for each hour or part thereof during which the officer is so employed a charge at the rate of Three shillings and sixpence per hour where the officer is employed during official hours of duty, and at the rate of Four shillings and sixpence per hour where the officer is employed outside official hours of duty.

Appointment of authorized agent.

12. An exporter may appoint in accordance with Form D, an authorized agent to execute on his behalf any declarations, certificates or documents required for the purposes of the Act or these Regulations.

Execution of documents by authorized agents.

13. An authorized agent 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.

Penalties.

14. Any person guilty of any breach of these Regulations, shall be liable upon conviction to a penalty not exceeding Fifty pounds or imprisonment for a period not exceeding six months.

   

THE SCHEDULE.

 

Reg. 3.

Form A.

Commonwealth of Australia.

Wine Export Bounty Act 1930.

NOTICE OF INTENTION TO EXPORT.

State of.............................

To the Collector of Customs,

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

I hereby give notice that I intend to export and claim bounty on fortified wine, particulars of which are set out hereunder:—

Date of Intended Export. Name of Vessel. Quantity. Consignee. Description and Strength.

Signature of Intending Exporter.

(or) name of Intending Exporter

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

—————

Reg. 5.

Form B.

Commonwealth of Australia.

Wine Export Bounty Act 1930.

WINE EXPORT BOUNTY REGULATIONS.

No 

(a) Insert full name and address.

Dr. to (a).........................................................

Financial year......................... 19....  State of.....................................................

(b) Here insert date of first day of period during which fortified wine in respect of which claim is made was exported.

Pursuant to notice forwarded on the............................................ 19.... , I hereby claim bounty in respect of fortified wine exported by me on and after the (b)............................... and up to the (c)...................

The particulars relating to the fortified wine are as follows:—

(c) Here insert date of last day of period during which fortified wine in respect of which claim is made was exported.

Particulars.
Date of Export.	Description of Wine.	Rate of Bounty.	Quantity upon which Bounty Claimed.		Amount of Bounty Claimed.
Bulk Gallons.	Bottled Gallons.	£	s.	d.
Total..........

Total....................................... pounds............... shillings and........................................ pence.

Signature of Exporter...........................................................................................

(or) name of Exporter...............................................................................

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

I certify that, to the best of any knowledge and belief, after due inquiry, the particulars and statements contained in the above claim for bounty are true and correct for the purposes of the Wine Export Bounty Act 1930, and that the claimant is entitled to bounty on the fortified wine 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 1901-1926.

.................................................. Certifying Officer.

................................... 19....

Received on the................................. 19.... , from.................................................. the sum of pounds................................................................. shillings and................................................. pence, in full payment of the above account.

..................................................... Exporter.

Witness to the payment and signature..................................................................

 

CERTIFICATE BY EXPORTER.

(To be placed on the back of the Form.)

I,....................................................... of............................................ , do hereby certify as follows:—

(1) I am the exporter of the fortified wine specified in this claim for bounty;

(2) The description of the fortified wine and the particulars relating thereto, set out in this claim for bounty, are true and correct in every respect;

(3) The whole of the fortified wine specified in this claim for bounty—

(a) is wine, the produce of Australia, which is the fermented juice of the grape which has been fortified so as to contain not less than thirty-four per centum of proof spirit; and

(b) 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 fortified wine has been forfeited or taken away;

(5) No other claim for bounty has been made nor has any bounty been paid in respect of the fortified wine specified in this claim for bounty;

(6) As to fresh and dried grapes purchased by me during the two years immediately preceding the date of exportation of the fortified wine in respect of which this claim for bounty is made, a statement in Form C was supplied to the Collector on.................................................................................................... 19....

(7) The following is a true and correct statement as to fortifying spirit and fortified wine purchased by me during the two years immediately preceding the date of exportation of the fortified wine in respect of which this claim for bounty is made.

FORTIFYING SPIRIT.

Name and Address of each Supplier.	Date Purchased.	Price Paid per Proof Gallon.	Quantity Purchased.
Shillings.	Proof Gallons.
Doradillo Spirit.
Spirit Other than Doradillo.

 

FORTIFIED WINE.

Name and Address of each Supplier.	Date Purchased.	Price Paid per Gallon.	Quantity Purchased.
Shillings.	Gallons.

...................................... Signature of Exporter.

(or) Name of Exporter

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

 

Reg. 5.

Form C.

Commonwealth of Australia.

Wine Export Bounty Act 1930.

WINE EXPORT BOUNTY REGULATIONS.

I,....................................................... of...................................... do hereby certify that the following is a true and correct statement of the fresh and dried grapes purchased by.................. during the period of two years ended 30th June, 19............................................................. :—

Name and Address of Supplier.	Kind of Grape.	Beaume.	Rate per Ton.			Quantity Purchased.				Amount Paid to Supplier.
£	s.	d.	Tons.	Cwt.	Qrs.	Lb.	£	s.	d.
Total..........	..............

Signature...................................................

Dated................................ 19....

I certify that, to the best of my knowledge and belief, after due inquiry, the particulars and statements contained in the above claim for bounty are true and correct for the purposes of the Wine Export Bounty Act 1930, and that the claimant is entitled to bounty on the fortified wine 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 1901-1926.

.............................................. Certifying Officer.

............................. 19.......

Received on the................................. 19.... , from.................................................. the sum of pounds................................................................. shillings and................................................. pence, in full payment of the above account.

..................................................... Exporter.

Witness to the payment and signature..................................................................

 

CERTIFICATE BY EXPORTER.

(To be placed on the back of the Form.)

I,....................................................... of............................................ , do hereby certify as follows:—

(1) I am the exporter of the fortified wine specified in this claim for bounty;

(2) The description of the fortified wine and the particulars relating thereto, set out in this claim for bounty, are true and correct in every respect;

(3) The whole of the fortified wine specified in this claim for bounty—

(a) is wine, the produce of Australia, which is the fermented juice of the grape which has been fortified so as to contain not less than thirty-four per centum of proof spirit; and

(b) 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 fortified wine has been forfeited or taken away;

(5) No other claim for bounty has been made nor has any bounty been paid in respect of the fortified wine specified in this claim for bounty;

(6) As to fresh and dried grapes purchased by me during the two years immediately preceding the date of exportation of the fortified wine in respect of which this claim for bounty is made, a statement in Form C was supplied to the Collector on.................................................................................................... 19....

(7) The following is a true and correct statement as to fortifying spirit and fortified wine purchased by me during the two years immediately preceding the date of exportation of the fortified wine in respect of which this claim for bounty is made.

FORTIFYING SPIRIT.

Name and Address of each Supplier.	Date Purchased.	Price Paid per Proof Gallon.	Quantity Purchased.
Shillings.	Proof Gallons.
Doradillo Spirit.
Spirit Other than Doradillo.

 

Reg. 12.

Form D.

Commonwealth of Australia.

Wine Export Bounty Act 1930.

WINE EXPORT BOUNTY REGULATIONS.

Appointment of Authorized Agent.

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

 (a)............................................... hereby nominate, constitute and appoint (b).................. to be  agent for the purposes of the

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

Wine Export Bounty Act 1939 and the Regulations thereunder, and to sign on  behalf any declarations, certificates or documents required for the purposes of the said Act and the Regulations thereunder.

(c) Signature of principal or seal of the Company or Co-operative Society, as the case may be.

Dated this............................................. day of......................... 19....

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

(d) Signature and address of witness.

(d)..............................................................

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

(e) Signature of person authorized.

(e)..............................................................

 

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