Automatic Data Processing Equipment Bounty Regulations

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1979 No. 278

REGULATIONS UNDER THE AUTOMATIC DATA PROCESSING EQUIPMENT BOUNTY ACT 1977

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Automatic Data Processing Equipment Bounty Act 1977.

Dated this twentieth day of December 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

R. V. GARLAND

Minister of State for Business and Consumer Affairs

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AUTOMATIC DATA PROCESSING EQUIPMENT BOUNTY REGULATIONS

Citation

1. These Regulations may be cited as the Automatic Data Processing Equipment Bounty Regulations.

Interpretation

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

"appropriate officer", in relation to the manufacturer of an automatic data processing unit or his authorized agent, means—

(a) where the registered premises at which the unit was produced are situated in a State—the Collector for that State;

(b) where those registered premises are situated in the Northern Territory of Australia—the Collector for that Territory; or

"authorized agent" means a person appointed under regulation 6 to be an authorized agent;

"automatic data processing unit " means a machine or other unit of equipment referred to in paragraph (a), (b), (c), (d), (e) or (f) of the definition of "automatic data processing equipment" in sub-section 3 (1) of the Act but does not include a machine or other unit of equipment referred to in paragraph (g), (h), (i), (j), (k) or (1) of that definition;

" the Act " means the Automatic Data Processing Equipment Bounty Act 1977.

(2) For the purposes of these Regulations, each of the following is a specified class of automatic data processing units:

(a) digital machines of the kind referred to in paragraph (a) of the definition of "automatic data processing equipment" in sub-section 3 (1) of the Act;

(b) analogue machines of the kind referred to in paragraph (b) of that definition;

(d) optical readers;

(e) machines for transcribing data on to data media in coded form;

(f) machines for processing data transcribed on to data media in coded form.

Conditions of manufacture

3. The conditions to be complied with, for the purposes of the Act, in connection with the manufacture of automatic data processing units at registered premises are—

(a) that automatic data processing units produced at the registered premises, being units included in a specified class of automatic data processing units, shall be numbered consecutively;

(b) that the number allotted to a unit included in a specified class of automatic data processing units shall be affixed to the unit—

(i) by being stamped by means of a die on the unit; or

(ii) by being stamped or embossed by means of a die on a label or plate that shall be securely affixed to the unit; and

(c) that, after the number allotted to a unit included in a specified class of automatic data processing units has been so affixed to the unit—

(i) the number so affixed shall not be erased or altered; and

(ii) if the number is stamped or embossed on a label or plate that is affixed to the unit—that label or plate shall not be removed from the unit,

before the unit is sold, or otherwise disposed of, by the manufacturer.

Application for bounty

4, (1) An application for bounty in respect of an automatic data Application processing unit—

(a) shall be in writing;

(b) shall be signed by, or on behalf of, the manufacturer of the unit in the presence of a witness;

(c) shall state the name and address of the witness and contain a declaration signed by the witness stating that the application was signed in the presence of the witness; and

(d) shall be delivered to the appropriate officer—

(i) if the unit was sold by the manufacturer before the date of commencement of these Regulations— within a period of 3 months after that date; or

(ii) in any other case—within a period of 3 months after the date on which the unit was sold by the manufacturer,

or, where the appropriate officer has, in relation to the unit, consented to an extension of the period within which an application for bounty may be delivered to him, within a period of 12 months after the date specified in subparagraph (i) or (ii), as the case may be.

(2) The appropriate officer shall not give, for the purposes of paragraph (1) (d), his consent to an extension of the period within which an application for bounty in respect of an automatic data processing unit may be delivered to him unless—

(a) a request in writing for an extension of that period has (whether before or after the expiration of that period) been made by or on behalf of the manufacturer of the unit; and

(b) the appropriate officer is satisfied that, for reasons outside the control of the manufacturer of the unit, the application could not, or cannot, reasonably be expected to have been made, or to be made, within the period specified in subparagraph (1) (d) (i) or (ii), as the case may be.

Information to be furnished in connection with an application for bounty

5. In connection with an application for bounty in respect of an automatic data processing unit, the applicant shall furnish the following particulars:

(a) the name and address of the manufacturer of the unit;

(b) the address of the premises at which the unit was produced;

(d) the date on which the production of the unit was completed;

(e) if the unit is included in a specified class of automatic data processing units and the unit was produced after the commencement of these Regulations, the number allotted to the unit under regulation 3;

(f) whether the manufacturer of the unit has incurred any research and development expenditure or any system design or system engineering costs with respect to the production of the unit and, if the manufacturer has incurred any such expenditure or costs, particulars of the expenditure or costs so incurred;

(g) the cost incurred by the manufacturer in respect of the materials and parts supplied to the manufacturer and used by him in the manufacture of the unit;

(h) whether the unit was sold by the manufacturer and, if the unit was so sold, the date of the sale and the name and address of the purchaser of the unit;

(i) the cost incurred by the manufacturer in respect of remuneration paid or payable to employees for work directly related to the production of the unit;

(j) such amount in respect of factory overhead charges other than general administration costs, selling costs, service charges and taxes as, in accordance with recognized accounting practices, is attributable to the production of the unit;

(k) the total cost incurred by the manufacturer in respect of the production of the unit;

(l) whether a previous application for bounty has been made in respect of the unit and, if such an application has been made, the date of that application, and the reason for making the application that is now being made;

(m) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the unit and, if any payment has been so made, the date on which the payment was made and the amount paid by way of bounty or advance on account of bounty, as the case may be.

Authorized agents

6. (1) A manufacturer of automatic data processing units may, by instrument in writing, appoint a person, being a person who has attained the age of 18 years, to be his authorized agent for the purpose of signing on his behalf any document that the manufacturer may be required to sign by, or for the purposes of, the Act or these Regulations.

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and shall be delivered to the appropriate officer.

(3) A manufacturer who, in pursuance of sub-regulation (1), has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to the appropriate officer.

Execution of documents by a company

7. Where the manufacturer of an automatic data processing unit is required by, or for the purposes of, the Act or these Regulations to sign a document and the manufacturer is a company, the document may be signed on behalf of the company by a director or the secretary of the company.

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SCHEDULE Regulation 6

COMMONWEALTH OF AUSTRALIA

Automatic Data Processing Equipment Bounty Regulations

APPOINTMENT OF AUTHORIZED AGENT

(Insert title of appropriate officer)

(Full name and address of manufacturer)

hereby appoint

(Full name and address of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf any document that I may be required to sign by, or for the purposes of, the Automatic Data Processing Equipment Bounty Act 1977 or the Automatic Data Processing Equipment Bounty Regulations.

Dated at

this day of 19

(Signature of manufacturer, or, where the manufacturer is a company, signature of a director or the secretary of the company and his designation)

Dated at

this day of 19

(Signature of authorized agent)

NOTE

1. Notified in the Commonwealth of Australia Gazette on 24 December 1979.

Overview

The Automatic Data Processing Equipment Bounty Regulations 1979 were enacted under the authority of the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to provide a framework for the administration of the bounty payments provided for under the Automatic Data Processing Equipment Bounty Act 1977. These regulations were designed to address the need for a structured approach to the administration and application process of the bounty, ensuring that manufacturers of automatic data processing equipment could efficiently and effectively claim their entitlements. The bounty was intended to stimulate the development and local manufacturing of automatic data processing equipment in Australia, thereby supporting technological advancement and economic growth within the industry. The regulations establish detailed procedures for the application and assessment of bounty claims, including the conditions for manufacturing, the documentation required, and the role of authorized agents in facilitating these processes.

Scope and Application

The Automatic Data Processing Equipment Bounty Regulations 1979, made under the Automatic Data Processing Equipment Bounty Act 1977, apply to manufacturers of specific types of automatic data processing equipment and their authorised agents. These regulations cover manufacturers operating in various Australian jurisdictions, including states, the Northern Territory, and the Australian Capital Territory, by designating appropriate officers for different locations. The bounty applies to certain classes of automatic data processing units, which include digital and analogue machines, magnetic and optical readers, and data transcription and processing machines, excluding others such as typewriters, cash registers, and certain specialised machines. Manufacturers must comply with conditions such as consecutively numbering units and affixing these numbers indelibly to the equipment before sale. Applications for bounty must be submitted within three months of the unit's sale or disposal, with possible extensions granted under certain circumstances. The regulations also specify the information to be provided with bounty applications, such as production details, costs, and previous bounty applications. Manufacturers may appoint authorised agents to sign documents on their behalf, and companies may have their documents signed by a director or secretary. The regulations provide a framework for the administration of the bounty scheme across different regions and ensure that manufacturers adhere to the stipulated conditions and processes for claiming the bounty.

Key Provisions

The Automatic Data Processing Equipment Bounty Regulations (1979) establish specific conditions and procedures for the manufacture and registration of automatic data processing units in Australia, as well as the application process for the bounty under the Automatic Data Processing Equipment Bounty Act 1977. These Regulations outline the requirements for the numbering and marking of units (Section 3), the submission of bounty applications (Section 4), and the information that must be provided with each application (Section 5). Manufacturers must also adhere to the appointment of authorized agents to sign documents on their behalf (Section 6), and companies can authorize their directors or secretaries to sign documents (Section 7). These Regulations impose several obligations on manufacturers of automatic data processing units. Firstly, manufacturers must ensure that units produced at registered premises are numbered consecutively and that these numbers are permanently affixed to the units (Section 3). Secondly, any application for a bounty must be made in writing, signed by the manufacturer or their authorized agent in the presence of a witness, and include specific details about the unit and the manufacturing process (Section 4 and 5). Additionally, manufacturers can appoint an authorized agent to sign documents on their behalf, provided the appointment is in writing and delivered to the appropriate officer (Section 6). If the manufacturer is a company, a director or the company secretary can sign documents on its behalf (Section 7). Failure to comply with the requirements of these Regulations may result in legal consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, non-compliance with the bounty application process or failure to adhere to the marking and numbering requirements could potentially be grounds for rejecting a bounty claim or other administrative actions under the overarching Act. Additionally, any fraudulent or intentional misrepresentation of information in an application for bounty may be subject to penalties under other relevant legislation, such as the Crimes Act 1914, which could include fines and imprisonment.

Area of Law: Technology Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Conditions of manufacture; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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