Wood Pulp and Rock Phosphate Bounties Regulations 1913 (Cth)

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STATUTORY RULES.

1913. No. 278.

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REGULATIONS UNDER THE WOOD PULP AND ROCK PHOSPHATE BOUNTIES ACT 1912.

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 Wood Pulp and Rock Phosphate Bounties Act 1912 to come into operation forthwith, such Regulations to supersede the provisional regulations made under the said Act on 4th April, 1913 (Statutory Rules 1913, No. 100).

Dated this fifteenth day of October, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

Minister for Trade and Customs.

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WOOD PULP AND ROCK PHOSPHATE BOUNTIES REGULATIONS.

Short Title.

1. These Regulations may be cited as the Wood Pulp and Rock Phosphate Bounties Regulations 1913.

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;

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

“Financial year” means the period from the first day of July in any one year to the thirtieth day of June in the next succeeding year, both days inclusive;

“Reward’’ means reward under the Act;

“The Act” means the Wood Pulp and Rock Phosphate Bounties Act 1912.

C. 14569.—Price 3D.

Reward.

3. (a)The reward for the discovery of rock phosphate shall be payable only in respect of rock phosphate produced in Australia, and used in the manufacture in Australia of marketable phosphatic manure.

(b) Reward will be refused on any rock phosphate which contains less than 54.6 per cent. tri-calcic phosphate (equivalent to 25 per cent. phosphoric anhydride), or which contains more than 5 per centum of phosphates of iron and aluminium, when calculated as ferric and aluminic oxides.

(c) The discovery must have been made subsequent to the 24th December, 1912.

Notice of Intention to Claim a Reward.

4. Notice of intention to claim a reward for the discovery of a vein or deposit of rock phosphate suitable for making phosphatic manure shall be given to the Collector as soon as practicable after the vein or deposit has been discovered.

Form of Notice.

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

Commonwealth of Australia.

Wood Pulp and Rock Phosphate Bounties Act 1912.

Notice by Discoverer of Intention to Claim a Reward.

To the Collector of Customs,

I hereby give notice that I intend to claim reward in respect of the discovery of a deposit (or vein) of rock phosphate which I believe to be suitable for making phosphatic manure.

The discovery was made by me on

The deposit (or vein) is situated at  and the rock contains not less than 25 per cent. phosphoric acid (phosphoric anhydride) nor more than 5 per cent. of phosphates of iron and aluminium when calculated as ferric and aluminic oxides.

I intend to work the deposit (or vein) and to claim the Reward after ten thousand tons of the rock phosphate produced there from has been delivered to at and has been used in the manufacture of marketable phosphatic manure at the said works or at other works situated in Australia.

Signature of Claimant.

Address

Witness

Date

Note.—No claim for reward will be recognised unless the deposit or vein in respect of which such claim is made is not less than 25 miles from any other deposit or vein which may form the subject of reward.

Bounties.

Rock Phosphate.

6.(a) Bounties will be refused on any rock phosphate which contains less than 54.6 per cent. tri-calcic phosphate (equivalent to 25 per cent. phosphoric anhydride), or which contains more than 5 per centum of phosphates of iron and aluminum, when calculated as ferric and aluminic oxides.

(b) Bounty will be paid only on rock phosphate which is produced in Australia, and manufactured into marketable phosphatic manure in Australia.

(c) Bounty will be paid only on a minimum quantity of ten thousand tons in respect of each deposit.

Wood Pulp.

7. (a) Bounty will be paid only on wood pulp—mechanical or sulphite—which is suitable for the purpose of manufacturing marketable paper.

(b) A manufacturer shall not be entitled to claim bounty unless he has manufactured a minimum quantity of 50 tons.

(c) It must be manufactured locally from woods, or plants, the produce of Australia.

(d) The term wood pulp includes cellulose manufactured by any mechanical or chemical process from woods including coniferous woods; broad-leaved woods; or ferns, bamboos, sugar-cane, wastes from crop-plants, and other plants.

Notice of Intention to Claim Bounty.

8. (a)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.

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

Form of Notice.

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

Commonwealth of Australia.

Wood Pulp and Rock Phosphate Bounties Act 1912.

Notice by Manufacturer or Producer of Intention to Claim Bounty.

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

State of

To the Collector of Customs,

I hereby give notice that I intend to claim bounty in respect of (a)Wood Pulp to be manufactured in my factory situated at   or (b)Rock Phosphate to be produced at (c)I request that this be accepted as a continuing notice.

(a)and (b)Here strike out the goods not to be claimed on.

(c) These words to be struck out if it is desired to claim bounty upon one lot of goods only.

Signature of Manufacturer or Producer Address

Witness

 Date 19

Goods to be Made after Notice Given.

10. A claimant shall only be entitled to claim bounty in respect of goods manufactured at the factory or produced at the place specified in the notice of intention to claim bounty, after the date of the receipt of the notice made by him to the Collector.

Transferee may Claim Bounty without Fresh Notice.

11. (a) Where a claimant has given a continuing notice of intention to claim bounty in respect of goods manufactured or produced at a factory or place, and the factory or property has subsequently become transferred to some other person, the transferee may claim bounty in respect of goods manufactured or produced by him at the factory or place without a fresh notice of intention to claim bounty being necessary on his part.

(b) A factory or property 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.

12. A manufacturer or producer shall not be entitled to claim bounty unless the quantities specified in the regulations have been produced in the factory after the commencement of the Act, and before the claim for bounty is made.

Powers of Authorized Person.

13. Any authorized person may, at all reasonable times, enter upon any factory or place where any goods in respect of which notice of intention to claim bounty has been given are manufactured or produced, and may inspect the process of producing those goods and any books of the manufacturer or producer for the purpose of ascertaining and reporting on the cost of the production and manufacture of the goods.

Inspection of Process of Manufacture, etc.

14. Where notice of intention to claim bounty has been given in accordance with these Regulations, the manufacturer or producer giving the notice shall—

(a)allow any authorized person to have access at all reasonable times to the factory or place named in the notice, for the purpose of inspecting the process of producing the goods;

(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 producing the goods;

(c)keep books showing clearly the cost of production and manufacture of all goods upon which bounty is intended to be claimed;

(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 goods as the Collector requires.

Form of Claim for Reward or Bounty.

15. The claim for reward or 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.

Commonwealth of Australia.

Departmental Registration Number

(a)Insert name and full address

Dr. to (a)

Financial year 19 State of

Wood pulp and Rock Phosphate Bounties Act 1912.

(b)Here insert the goods claimed on.

Pursuant to notice of intention to claim, I hereby claim

reward

or in respect of (b)manufactured or

bounty

produced or discovered by me, at  during the financial year ending 30th June, 19 . The particulars relating to the goods are as follow:—

PARTICULARS IN CASE OF BOUNTY CLATM.

Factory situated at.

Weight of goods on which bounty is claimed.

Value of goods upon which bounty is claimed, such value being the same as the value of imported goods of the like kind and quality as ascertained for the purposes of Customs duties.

Rate of bounty.

Amount of bounty claimed.

£s. d.

PARTICULARS IN CASE OF REWARD CLAIM.

Site of deposit or vein.

Date of discovery.

Weight of Rock Phosphate produced.

Place where manufactured into manure.

Amount of reward claimed.

£ s. d.

Total pounds

 shillings pence.

Signature of manufacturer or

 producer or discoverer— £

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 reward or bounty are true and correct for the purposes of the Wood Pulp and Rock Phosphate Bounties Act 1912, and that the claimant is entitled to reward or bounty on the goods 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.

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 Reward or Bounty.

I, of , do hereby declare as follows: —

(a) I am the manufacturer (or producer or discoverer) of the goods specified in this claim for reward or bounty.

(b) The goods were manufactured (or produced or discovered) by me at the factory or place mentioned in the notice of intention to claim reward or bounty given by me.

(c) The description of the goods, and the particulars relating thereto, set out in this claim for reward or bounty, are true and correct in every respect.

(d) The whole of the goods specified in this claim for reward or bounty are of good and merchantable quality.

(e) None of the goods specified in this claim for bounty have been manufactured or supplied, or are intended to be supplied, under a contract containing a term or condition permitting or providing for the deduction of the amount of the bounty or any part thereof from the price or moneys payable for the goods to the manufacturers or producers.

(f) 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 reward or bounty in respect of the goods has been forfeited or taken away.

(g)No other, claim for reward or bounty has been made in respect of the goods specified in this claim for reward or bounty.

(h) The rates of wages paid by me to employees, employed in my factory or place of production in the production of the goods, are as shown hereunder, and such rates are in no case below the standard rate of wages paid in that locality for similar labour engaged in the industry (c).

(i) The particulars included in the notice of intention to claim reward or bounty on the goods specified are correct in every respect.

 

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 Manufacturer (or Producer).

Declared before me at this  day of  19 .

Officer of Customs or J.P.

(c) If the wages in the industry have been determined by a Commonwealth or State industrial authority add after the word “industry” 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.

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.

Time within which Claim for Bounty is to be made.

16. (a) The claim for bounty shall be made within thirty days after completion of manufacture, or, with the written permission of the Collector, at regular monthly or quarterly intervals.

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

(c) Claims received in a financial year after the first day of May shall, unless the Minister otherwise directs, be considered in relation to the funds available for the payment of bounty or reward in the next financial year.

Rock Phosphate to be Sampled and Analysed before Manufacture.

17. Any person intending to manufacture Australian rock phosphate into marketable phosphatic manure, upon which application for bounty under this Act may be made, shall notify the Collector, in order that the bulk rock phosphate prior to such manufacture may be sampled and analysed by an official Customs analyst or other official analyst approved by the Minister.

Proof of Value of Goods.

18. (1) The Collector may require reasonable proof to be furnished as to the value, and correctness as to quantity, of the goods claimed upon, and may require proof, in addition to the declaration indorsed on the claim, that the goods in respect of which bounty is claimed are not valued at a higher rate than that of imported goods of the like kind and quality as ascertained for the purposes of Customs duties.

(2) The Collector must, prior to certifying to the claim for payment, satisfy himself that the—

(a) Wood pulp is suitable for the manufacture of marketable paper; or

(b)Rock phosphate has been made into marketable manure in Australia.

(3) The claimant for bounty upon goods which have been sold to a manufacturer must obtain from the purchaser a certificate showing the quantity purchased and the price paid.

APPENDIX.

Note.—For the purpose of reference, the Schedule to the Act is hereto appended.

THE SCHEDULE.

First Column.

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Goods on production of which Bounties are granted.

Second Column.

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Period dating from 1st January, 1913, during or in respect of which Bounty may be paid.

Third Column.

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Rates of Bounty.

Fourth Column.

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Maximum amounts which may be paid in any One year.

Wood pulp...............

5 years..............

15 per cent. on market value

£5,000

Rock phosphate.........

5 years..............

10 per cent. on market value

£5,000

Section 3, sub-section 4 of the Act, provides that “The maximum amount of bounty which may be paid in any one year in respect of goods specified in the Schedule shall” not exceed £5, 000 in either case:

“Provided that, where the maximum amount in respect of any item has not been paid in any year, the unpaid balance or any part thereof may be paid in respect of that item in any subsequent year in addition to the maximum amount for that year.”

Regarding the reward, section 8, sub-section 6, says:— If in any year the money available is not sufficient to pay the full amount of the reward in all cases in which a reward is claimed, the Governor-General may allocate the amount available amongst the persons he is satisfied are entitled to a reward.”

Also sub-section 7 says:—“The maximum amount of rewards which may be paid in any one year shall not exceed Five thousand pounds:

“Provided that where the maximum amount has not been paid in any year, the unpaid balance, or any part thereof, may be paid in any subsequent year, in addition to the maximum amount for that year.”

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

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