EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 81
BOUNTY (BOOKS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Industry and Commerce
The purpose of the regulations is to amend the Bounty (Books) Regulations to accommodate changes in the Bounty Books Act 1969 (the Act) which were made in 1979 and to provide greater flexibility concerning late applications for bounty as provided in more recent legislation.
Regulation 1 is to be made as a consequence of recent administrative problems which arose as a result of the interpretation of the expression “for reasons outside the control of the applicant”. This regulation will provide greater flexibility concerning late applications for bounty and bring the Bounty (Books) Regulations into line with more recent bounty regulations which make no reference to “the control of the applicant”.
Sub-regulation 4(2) of the Bounty (Books) Regulations provides for an extension of time to be granted in relation to the lodgement of book bounty claims where it is not reasonably practicable, for reasons outside the control of the applicant, for claims to be delivered within the period specified in sub-regulation 4(1).
Sub-regulation 1(a) makes provision in sub-regulation 4(1) of the Bounty (Books) Regulations for the Minister to extend the period within which an application for bounty is to be delivered to the appropriate officer up to a maximum of 12 months after the date of completion of the production of the book to which the application relates.
Sub-regulation 1(b) remakes existing sub-regulation 4(2) to provide that the Minister shall not allow an extension of time for the application of bounty to be delivered to the appropriate officer unless a request in writing for an extended period has, whether before or after the 3 months after the date of completion of the production of the book to which the application relates, been made by, or on behalf of the applicant; and the application could not, or cannot, reasonably be expected to have been made, or to be made, within that period.
Regulation 2 makes amendments to regulation 5 to provide that an application for bounty shall state, that where the publisher has supplied paper or binding materials to the manufacturer or a manufacturer of the book, details of the quantities supplied and used, and the cost of the purchase (if any) incurred by the manufacturer, and, if the applicant is the publisher, its cost to him if supplied free of charge to the manufacturer.
This amendment will bring regulation 5 into line with the provisions contained in sub-section 4(5) and 6(2) of the Act which were inserted by an amendment in 1979.
Overview
The Bounty (Books) Regulations (Amendment) Statutory Rules 1983 No. 81, issued under the authority of the Minister for Industry and Commerce, were enacted to address issues arising from the interpretation of the Bounty Books Act 1969. The regulations aim to provide greater flexibility in processing late applications for bounty, aligning them with recent legislative changes that have removed the requirement for reasons to be beyond the control of the applicant. This amendment addresses administrative challenges encountered due to the strict interpretation of the phrase "for reasons outside the control of the applicant," thereby simplifying the process for late bounty applications. The policy objective is to streamline the bounty application process and ensure consistency with more recent bounty regulations.
The regulations also update the Bounty (Books) Regulations to reflect amendments to the Bounty Books Act 1969 made in 1979, particularly concerning the details required in bounty applications. This includes ensuring that applications for bounty state the quantities of paper or binding materials supplied and their costs, aligning with provisions in subsections 4(5) and 6(2) of the Act. These changes aim to enhance transparency and accuracy in the bounty application process, ensuring all relevant information is accurately reported.
Scope and Application
The Bounty (Books) Regulations (Amendment) Statutory Rules 1983 No. 81 primarily applies to publishers and producers of books seeking to claim book bounty under the Bounty Books Act 1969. These regulations specifically target entities involved in the publication and production of books in Australia, ensuring that they comply with the requirements set forth to receive financial assistance or bounty for their publications. The scope of these regulations is confined to the Commonwealth jurisdiction, thereby applying across all states and territories in Australia. There are no explicit exclusions or exemptions detailed in the explanatory statement, but the regulations do provide for flexibility in the application process to accommodate unforeseen circumstances that may delay a publisher's ability to lodge a claim within the specified timeframe. Subordinate instruments may extend or restrict the application of these regulations further, ensuring they remain relevant and effective in the changing landscape of book publishing and production.
Key Provisions
The Bounty (Books) Regulations (Amendment) Statutory Rules 1983 No. 81, issued under the authority of the Minister for Industry and Commerce, primarily aim to amend the Bounty (Books) Regulations to reflect changes in the Bounty Books Act 1969 (the Act) and to enhance flexibility regarding late bounty applications. Regulation 1 is introduced to address administrative issues that arose from interpreting the phrase “for reasons outside the control of the applicant.” This regulation aims to align the Bounty (Books) Regulations with more recent bounty regulations that do not reference “the control of the applicant.” Sub-regulation 4(2) of the Bounty (Books) Regulations, which allows for an extension in the time to lodge book bounty claims if it is not reasonably practicable for claims to be delivered within the specified period due to reasons beyond the applicant's control, is modified to enhance flexibility. Sub-regulation 1(a) amends sub-regulation 4(1) to allow the Minister to extend the period for submitting a bounty application up to 12 months after the book's production is completed. Sub-regulation 1(b) reworks existing sub-regulation 4(2) to require that an extension request must be made in writing, whether before or after three months from the book's production completion date, by or on behalf of the applicant. Additionally, the extension is only permissible if the application could not reasonably be made within the original period.
The Bounty (Books) Regulations impose specific obligations on applicants seeking bounty for books. Firstly, if an applicant believes they cannot reasonably submit a bounty application within the specified period due to circumstances beyond their control, they must request an extension in writing, either before or after the three-month period following the book's production completion. Secondly, if the publisher has supplied paper or binding materials to the manufacturer or another manufacturer of the book, the application must detail the quantities supplied and used, the cost of purchase (if any) incurred by the manufacturer, and if the applicant is the publisher, the cost to them if the materials were supplied free of charge to the manufacturer. These obligations ensure that all relevant information is provided to the Minister for consideration of the bounty application.
Violations of the Bounty (Books) Regulations and the Bounty Books Act 1969 may lead to various legal consequences. While specific offences and penalties are not explicitly detailed in the Statutory Rules, it is understood that non-compliance with the regulations could result in civil or criminal penalties under the Act. The maximum penalties for breaches of the Bounty Books Act 1969 are not explicitly stated in the Statutory Rules, but they could potentially include fines or other legal repercussions as prescribed by the Act. It is important for applicants to adhere to the regulations to avoid any adverse legal consequences.