Agricultural Tractors Bounty Regulations

Legislation au C1967L00101 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1967 No. 101

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REGULATIONS UNDER THE AGRICULTURAL TRACTORS BOUNTY ACT 1966.*

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 Agricultural Tractors Bounty Act 1966.

Dated this eighteenth day of July, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

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Agricultural Tractors Bounty Regulations

Citation.

1. These Regulations may be cited as the Agricultural Tractors Bounty Regulations.

Interpretation.

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

“authorized agent” means a person appointed under regulation 3 of these Regulations to be an authorized agent;

“the Act” means the Agricultural Tractors Bounty Act 1966.

Authorized agents.

3.—(1.) A manufacturer may appoint a person to be his authorized agent for the purpose of executing on his behalf a notice, declaration, certificate or document that the manufacturer is required to execute by, or for the purposes of, the Act or these Regulations and the authorized agent may execute, on behalf of the manufacturer, such a notice, declaration, certificate or document.

(2.) Where a notice, declaration, certificate or document referred to in the last preceding sub-regulation has been executed by an authorized agent of a manufacturer, the manufacturer is subject to the same liabilities and penalties as if he had executed that notice, declaration, certificate or document.

(3.) The appointment of an authorized agent shall—

(a) be in accordance with the form in the Schedule to these Regulations, and

(b) be lodged with a Collector.

(4.) The appointment of an authorized agent may be revoked at any time by written notification to a Collector.

Conditions of manufacture.

4.—(1.) A manufacturer shall allot a serial number to each tractor manufactured by him, and the serial number so allotted shall be marked on or affixed to the tractor in a manner satisfactory to the Comptroller-General.

(2.) A serial number so marked or affixed shall not be changed prior to the first sale of the tractor.

* Notified in the Commonwealth Gazette on 1967.

2052/67—Price 8c        10/1.6.1967


 

Prescribed periods.

5.—(1.) Subject to the next succeeding sub-regulation, each of the following periods, that is to say—

(a) the period from and including the twenty-sixth day of October, 1966, to and including the thirtieth day of June, 1967; and

 

(b) a year commencing on the first day of July, 1967, or a subsequent first day of July,

is a prescribed period in relation to an applicant for the purposes of these Regulations.

(2.) Where an applicant has, with the leave of the Commissioner of Taxation, adopted a period of twelve months ending on a date other than the thirtieth day of June as his accounting period for the purposes of the Income Tax Assessment Act 1936-1966, each of the following periods, that is to say—

(a) the period from and including the twenty-sixth day of October, 1966, to and including the last day in his accounting period that ended or ends before the twenty-sixth day of October, 1967; and

(b) any subsequent accounting period in respect of the applicant,

is a prescribed period in relation to the applicant for the purposes of these Regulations.

Applications for bounty.

6.—(1.) An application for bounty in respect of tractors shall—

(a) be made in writing;

(b) be lodged with a collector; and

(c) be signed by the applicant in the presence of a witness who shall sign his name as witness, and state his address and occupation, on the application.

(2.) An application for bounty shall be made in respect of tractors the manufacture of which was or is completed during a prescribed period and shall be lodged within three months after the commencement of these Regulations or the expiration of the prescribed period, whichever is the later.

(3.) An application in respect of tractors the manufacture of which was completed during a prescribed period shall state—

(a) the name and address of the applicant for bounty;

(b) the address of the premises at which the tractors were manufactured;

(c) the prescribed period in respect of which the application is made;

(d) in relation to each tractor in respect of which bounty is claimed—

(i) the serial number of the tractor;

(ii) the power take-off horsepower of the engine of the tractor;

(iii) the ratio between the factory cost of the materials and parts of a tractor that were wholly produced or manufactured in Australia and the factory cost of the tractor, expressed as a percentage of the factory cost of the tractor; and

(iv) the amount of bounty claimed;

(e) the total amount of bounty claimed;

(f) whether any previous application for bounty, or any application for advance of bounty, was made in respect of any such tractors and, if such an application was made—

(i) the date of the application or of each of the applications; and

(ii) the amount or sum of the amounts of bounty or advance of bounty claimed, respectively;

(g) if such is the case, that none of the tractors were manufactured at premises that were not, or are not to be deemed to have been, at the time the tractors were manufactured, registered premises;

(h) if such is the case, that all tractors to which the application relates were of good and merchantable quality;

(i) if such is the case, that nothing has been done or omitted to be done by the applicant and, to the best or his knowledge and belief, nothing has been done or omitted to be done by any other person, whereby the right of the manufacturer to bounty has been forfeited or taken away; and


(j) if such is the case, that the tractors to which the application relates were manufactured for sale for use in the Commonwealth or a Territory of the Commonwealth.

 

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THE SCHEDULE

Regulation 3

Commonwealth of Australia

Agricultural Tractors Bounty Act 1966

APPOINTMENT OF AUTHORIZED AGENT

To the Collector of Customs for the State of

(a) Insert name and address of manufacturer.

(b) insert name, address and occupation of agent.

(c) Signature of manufacturer.

(d) Signature, occupation and address of witness.

(e) Signature of agent.

I, (a)           , hereby appoint (b)                                                                                                   , a specimen of whose signature appears hereunder, to be my authorized agent for the purposes of the Agricultural Tractors Bounty Act 1966 and the regulations made thereunder.

Dated at      the    day of    , 196

(c)

(d)

(e)

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Agricultural Tractors Bounty Regulations, 1967, were enacted under the authority of the Agricultural Tractors Bounty Act 1966. The primary objective of these regulations is to establish the administrative framework for the bounty payments provided under the Act, thereby encouraging the domestic production of agricultural tractors. This was done by the Governor-General, acting on the advice of the Federal Executive Council, and the regulations were notified in the Commonwealth Gazette on 1967. These regulations address the procedural requirements for the application and administration of the bounty scheme, including the appointment of authorized agents by manufacturers to handle certain documentation, the marking of serial numbers on tractors, and the specific conditions for making applications for the bounty. The bounty scheme was intended to support and stimulate the growth of the Australian agricultural machinery manufacturing sector during a period of post-war economic development.

Scope and Application

The Agricultural Tractors Bounty Regulations 1967, made under the Agricultural Tractors Bounty Act 1966, apply to manufacturers of agricultural tractors within the Commonwealth of Australia. These regulations specify the procedural requirements for applying for a bounty on agricultural tractors, which is a financial incentive intended to encourage the local production and use of such vehicles. The regulations define key terms, such as "authorized agent," and allow manufacturers to appoint such agents to execute necessary documents on their behalf. Additionally, the regulations mandate that each tractor manufactured must bear a unique serial number that remains unchanged until the tractor's first sale. Applications for bounty must be made in writing and submitted within three months after the relevant prescribed period or the commencement of these regulations, whichever is later. The bounty application must detail the serial numbers, engine power, cost percentages of Australian-made components, and the total bounty claimed. The regulations also set out specific prescribed periods for bounty applications, which can vary based on the manufacturer's accounting period. While the regulations provide a comprehensive framework for bounty applications, they do not explicitly mention any exclusions, exemptions, or thresholds, nor do they extend or restrict application through subordinate instruments.

Key Provisions

The Agricultural Tractors Bounty Regulations (1967 No. 101) provide the framework for the implementation of the Agricultural Tractors Bounty Act 1966. These regulations outline key provisions including the appointment of authorized agents, the conditions of tractor manufacture, prescribed periods for bounty applications, and the process for applying for a bounty. Regulation 3 specifies that a manufacturer can appoint an authorized agent to execute notices, declarations, certificates, or documents required by the Act. This appointment must adhere to a prescribed form, be lodged with a Collector, and can be revoked at any time. Regulation 4 mandates that manufacturers must assign a serial number to each tractor and mark or affix it in a manner approved by the Comptroller-General, which cannot be altered before the tractor's first sale. These regulations impose several obligations on manufacturers and authorized agents. Manufacturers must ensure each tractor is uniquely identified by a serial number, and authorized agents must act in compliance with the regulations, executing documents on behalf of the manufacturer as permitted. Additionally, applications for bounty must be submitted within specific timelines and contain detailed information about the tractors, including their serial numbers, power take-off horsepower, cost ratios, and the claimed bounty amount. The regulations also require that applications detail any prior bounty claims and confirm that the tractors meet certain quality and registration standards. Breaches of these regulations can lead to legal consequences. For instance, if an authorized agent improperly executes a document, the manufacturer may be held liable for any penalties or liabilities as if they had executed the document themselves. Similarly, inaccurate or incomplete bounty applications may result in denied bounty claims or other administrative penalties. The precise nature of these penalties is not detailed in the regulations but would typically involve financial penalties or administrative actions as prescribed by the Act.

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