Beet Sugar Bounty Regulations

Legislation au C1911L00138 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1911. No. 138.

 

REGULATIONS UNDER THE SUGAR BOUNTY ACT 1905.

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 Sugar Bounty Act 1905, to come into operation forthwith; such Regulations to supersede the Provisional Regulations made under the said Act on 18th November, 1910. (Statutory Rules 1910, No. 115.)

Dated this thirteenth day of September, One thousand nine hundred and eleven.

DENMAN.

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

Minister of State for Trade and Customs.

 

BEET SUGAR BOUNTY REGULATIONS.

Short Title.

1. These regulations may be cited as the Beet Sugar Bounty Regulations.

Definitions.

2. In these regulations, except where otherwise clearly intended—

“Bounty” means bounty under the Sugar Bounty Act 1905.

“Grower” means a producer of beet.

“The Act” means the Sugar Bounty Act 1905.

The expression “White labour” in these regulations is used to the exclusion of all forms of coloured labour, but subject to the provisions of Sections 10 and 12 of the Act.

Conditions of Claim for Bounty.

3. To sustain a claim for bounty in respect of white-grown beet, the following conditions must have been complied with:—

(1) Notice of intention to claim must have been given within 90 days after the planting of the crop to the Collector of Customs for the State or to any other person who may be authorized by the Minister to receive the notice, or within such further time as, under special circumstances, the Minister may allow.

 

 

 

 

 

 

 

C.13397.—PRICE 3d.


(2) The beet must have been delivered for manufacture at a factory in the district in which it was produced, unless otherwise allowed by the Minister.

(3) The claim for bounty must have been made not later than one month after the date of delivery of the beet for manufacture.

4. In order to obtain the benefit of the proviso to section 5 of the Act, notice of the employment of coloured labour, and of the circumstances which made it unavoidable, with full report of all particulars, must have been given by the grower within ten days thereafter to the Collector or Sub-Collector of Customs at the nearest port.

5. Beet may be considered white-grown beet notwithstanding that, after it has been harvested and delivered for transport to the factory, coloured labour has been employed by some person other than the grower in connexion with its transport to the factory.

Notice of Intention to Claim Bounty.

6. The notice of intention to claim bounty shall be according to the following form, and must be sent in in duplicate:—

Beet Sugar Bounty.

Notice of Intention to claim Bounty for White-grown Beet.

State of          Sugar District.

To the Collector of Customs,…………………………..

I hereby give notice that I intend to claim bounty in respect of white-grown beet.

The following are the particulars of the white plantation:—

Name of County.

Name of Parish.

Number of Portion.

Area and Description of the White Plantation sufficient to identify it, and specially to distinguish it from any land on which the Claimant may desire to employ Coloured Labour.

 

 

 

 

I attach a sketch plan showing the area of the white plantation and number of acres planted with beet.

Bounty has*/has not been previously paid in respect of beet grown upon the land specified in this notice.

Witness—        Signature of Grower.

Address.

Date.

* Strike out “has” or “has not” as the case requires.


Transferee may Claim Bounty.

7. The right of any grower giving notice of intention to claim bounty shall pass with the legal possession of the white plantation to a transferee without any necessity for a fresh notice; but prior to payment of any bounty to a transferee the Collector shall be satisfied that any person claiming as a transferee is entitled to the legal possession of the plantation.

For the purposes of this regulation transferee shall include any person who by operation of law shall come into legal possession of a plantation.

The Claim for Bounty.

8. The claim for bounty shall be made in accordance with the following form, and shall be dealt with as shown thereon, and delivered to the Excise Officer doing duty in reference to the factory to which the beet was delivered, not later than one month after such delivery:—

The Commonwealth of Australia.

[Departmental Registration Number.]

* Insert name and full address.

Dr. to *           Financial Year 191               /l              .                                           State of                                                                                    

To the Officer of Excise    Sugar Factory.

Beet Sugar Bounty Regulations 1910.

Pursuant to notice of intention to claim, I hereby claim Bounty in respect of white-grown Beet grown by me, and delivered at the above factory for manufacture.

Particulars.

White Plantation situated at—

Place where the Beet was Delivered.

Weight Delivered, and on which Bounty is Claimed.

Dates of Delivery.

Rate of Bounty per ton of Beet.

Amount of Bounty Claimed.

 

 

tons

cwt.

qrs.

 

 

£

s.

d.

Total—     pounds    £

  shillings   pence.

Signature of Grower—

 

 

 

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements in the above Claim for Bounty are true and correct for the purposes of the Sugar Bounty Act 1905, and that the claimant is entitled to Bounty.

Officer of Customs.  Date,  / /

 

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     Esquire, the sum of                                                                                                                 pounds                                                         shillings and                             pence, in full payment of the above account.

Witness to the payment and signature


Declaration to be Indorsed on Claim for Bounty.

I,       of                                                                             , do hereby declare as follows:—

1. The particulars contained in this Claim for Bounty are correct.

2. I am the grower of the Beet specified in this Claim for Bounty.

3. The Beet was grown by me on the white plantation described in the Notice of Intention to Claim Bounty given by me.

4. The Beet has been grown by white labour only, within the meaning of the Sugar Bounty Act 1905.

5. The wages paid to the persons, other than members of my family, employed by me on my white plantation in the production of the Beet, are as shown hereunder, and such wages were in no case below the standard rate of wages paid in this district for similar white labour engaged in the industry.

6. 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 Beet has been forfeited or taken away.

7. No other Claim for Bounty has been made in respect of the Beet specified in this Claim for Bounty.

Employees.

Hours of Labour per Week.

Rate of Wages paid per Week. (State whether with or without keep.)

Remarks.

Number.

Occupation.

 

 

 

 

 

Signature of Grower.

 Declared before me this    day of       19

Officer of Customs or J.P.

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.

The Claimant may, if he prefer, issue an order in the form of Order No. 3 of the Treasury Regulations.

Issue of Bounty Note.

9. On delivery of the beet by the grower to the purchaser thereof at the factory an officer shall—

(a) ascertain the weight of beet fit for manufacture;

(b) deliver to the grower a bounty note based on the weight so ascertained; and

(c) advise the  Collector or Sub-Collector at the nearest Customs House of the issue of such bounty note.

10. The grower, at the end of three days after delivery of the bounty note to him, shall, on making the declaration indorsed on the claim for bounty, and on delivering the same together with the bounty note at the nearest Customs House, or at any other Customs House approved by the Comptroller General of Customs, be entitled to payment of the bounty, and, at the time each payment is made, shall give a discharge in the prescribed form.

Forms of Bounty Note, &c.

11. The forms of bounty note and advice of issue of bounty note shall be as follows:—

Bounty Note.

District.

This is to certify that      of      has delivered at the                                                                       Sugar Factory                                                                       tons                             cwt. and                                           qrs. of beet for manufacture, which he claims to be white-grown beet, and in respect of which he is entitled three days after this date to receive the sum of                                                         pounds                                                                                     shillings and                                                         pence for bounty on making the declaration in the form indorsed on the claim for bounty, and on delivering the same together with this note at the Customs House at

Dated the      day of                     19

Officer.

Advice of Issue of Bounty Note.

To the Collector/Sub-Collector at the (fill in nearest) Customs House.

I hereby certify that I have issued to                      a Bounty Note for the sum of                                                                                     pounds                                                                       shillings and                            pence in respect of                                           tons  cwt.                             qrs. of beet delivered at the                                                         Sugar Factory for manufacture.

Dated the      day of      , 19

Signature of Officer.

Bounty to be Paid to Grower only.

12. (1) Bounty shall be payable to the grower only.

(2) To secure that bounty shall be so payable—

(a) every claim for bounty, and every bounty note issued in pursuance of a claim for bounty, shall be incapable of assignment;

(b) every bounty note issued in pursuance of a claim for bounty shall be issued to the grower personally, or to some person (approved by the Collector) authorized to receive it on behalf of the grower; and


(c) every bounty note shall be paid only to the grower, or to some bank authorized to receive payment of it on behalf of the grower, or to some person (approved by the Collector) authorized to receive payment of it on behalf of the grower.

(3) Every person (not being the grower or his banker), who receives any money in payment of a bounty note, shall pay such money to the grower personally or to the grower’s credit in a bank to which the grower has authorized him to pay it, and in default of his doing so the grower may recover the amount thereof by action or other appropriate proceeding in any court of competent jurisdiction.

Appointment of Agent by Grower.

13. In regard to beet supplied to a Government Sugar Factory, any grower having not more than 20 acres in cultivation may, with the written approval of the Comptroller-General of Customs, comply with any or all of the following requirements of the Act and of these Regulations by an agent lawfully authorized in such regard, viz.:—

(a) the giving of notice of intention to claim bounty,

(b) the certifying to the rates of wages paid to employés,

(c) the making of claims for bounty, and the giving of discharges for such claims.

Districts.

14. Subject to section 6 of the Act, the bounty is intended to be at the rate of Three pounds for every ton of the sugar-giving contents of the beet, and the average sugar-giving contents of beet in the following district shall be taken to be the sugar-giving contents of each lot of beet in such district, namely:—

“No. 1 Beet District,” comprising all that part of Australia between the 36th and 39th degrees of South latitude.

Average Sugar-giving Contents of Beet.

15. The average sugar-giving contents of beet produced in the Maffra District, and the consequent rate of bounty per ton of beet shall be deemed to be according to the scale below for the year commencing on the 1st of January, 1911, and for every subsequent year until altered by the Governor-General:—

The Scale.

Average Number of Tons of Beet to make one ton of Sugar.

Average Sugar-giving Contents of Beet.

Rate of Bounty per. ton of Beet.

10............................

10 per cent...............

6s.

The Governor-General, by proclamation published in the Gazette, may before the 1st of November, in the year 1912, or in. any succeeding year, alter the scale.

 

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

Overview

The Beet Sugar Bounty Regulations 1911 were made under the Sugar Bounty Act 1905 and came into operation immediately, replacing the Provisional Regulations from 1910. These regulations were enacted by the Governor-General in Council, under the authority of the Federal Parliament. The primary purpose of these regulations was to provide a structured framework for the administration of bounties for growers of white-grown beet, ensuring compliance with the requirements of the Sugar Bounty Act 1905. The policy objective was to support the sugar industry by providing financial incentives to growers who adhere to specified conditions, particularly those related to the use of white labour and the timely submission of claims. The regulations detail the procedures for growers to follow in order to claim their bounty, including the submission of notices of intention, the delivery of beet to factories, and the certification of labour conditions.

Scope and Application

The Beet Sugar Bounty Regulations, made under the Sugar Bounty Act 1905, pertain to the specific requirements and procedures for claiming bounty for beet grown using white labour in Australia. These regulations apply to growers who produce beet and intend to claim a bounty for their produce. The regulations specify that the bounty is only applicable to beet grown and processed using white labour, with certain exceptions as outlined in Sections 10 and 12 of the Act. The bounty is payable only to the grower and cannot be assigned or transferred to any other party. The regulations detail the conditions that must be met to sustain a claim for bounty, including the timely submission of notice of intention to claim and the delivery of beet to a factory within the same district. Additionally, the regulations provide the forms and procedures for making a claim and the issuance of bounty notes, ensuring that the bounty is paid directly to the grower. The geographic reach of these regulations is nationwide, subject to the provisions of the Sugar Bounty Act 1905, and they are applicable to beet grown in specific districts, as defined in the regulations.

Key Provisions

The Beet Sugar Bounty Regulations, as outlined in the legislative instrument, provide a detailed framework for administering the bounty system under the Sugar Bounty Act 1905. These regulations govern the conditions under which a grower can claim a bounty for white-grown beet (Section 3). To be eligible, growers must provide notice of their intention to claim a bounty within 90 days of planting the crop, and the beet must be delivered for manufacture at a factory within the same district where it was produced (Section 3(1) and (2)). Additionally, the claim for bounty must be submitted within one month of the beet's delivery (Section 3(3)). The regulations also stipulate that the employment of coloured labour must be reported within ten days of its use, along with full particulars (Section 4). Under these regulations, several obligations and requirements are imposed on the parties involved. Growers must provide a detailed notice of their intention to claim a bounty, which includes specific information about the location and area of the plantation, as well as whether coloured labour has been previously employed (Section 6). The notice must be submitted in duplicate to the Collector of Customs or an authorized person. Furthermore, if a grower transfers the legal possession of the plantation, the right to claim the bounty transfers with it, provided the transferee is legally entitled to the plantation (Section 7). The claim for bounty must be made in a specific format and submitted to the Excise Officer at the factory where the beet was delivered, accompanied by a detailed declaration and supporting documents (Section 8). Failure to comply with these regulations can result in penalties. While the specific penalties are not detailed within the provided text, under general Australian legislative practices, breaches of such regulations can lead to fines, imprisonment, or both, depending on the severity and intent of the violation. It is likely that the Sugar Bounty Act 1905 or related legislation would outline these penalties in further detail. The emphasis on detailed reporting and compliance suggests a regulatory intent to ensure transparency and fairness in the bounty system, protecting the interests of growers and the government alike.

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