Bounty (Computers) Regulations
Statutory Rules 1987 No. 27 as amended
made under the
Bounty (Computers) Act 1984
This compilation was prepared on 12 January 2001
taking into account amendments up to SR 1987 No. 218
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Interpretation
3 Prescribed costs
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Bounty (Computers) Regulations.
2 Interpretation
In these Regulations, the Act means the Bounty (Computers) Act 1984.
3 Prescribed costs
(1) For the purpose of paragraph 6 (5) (z) of the Act, the following costs are prescribed:
(a) royalties;
(b) the cost of superannuation and similar schemes, other than such cost allowed by the Commissioner of Taxation for the purposes of a law of the Commonwealth relating to taxation;
(c) workers’ compensation, other than insurance premiums for such compensation;
(d) the cost to acquire, recondition or repair any used machine, components, parts or materials that form part of the equipment.
(2) In this regulation, ‘royalties’ includes any amount paid or credited, however described or computed, and whether the payment or credit is periodical or not, to the extent to which it is paid or credited, as the case may be, as consideration for:
(a) the use of, or the right to use, any copyright, patent, design or model, plan, secret formula or process, trademark or other like property or right;
(b) the use of, or the right to use, any industrial, commercial or scientific equipment;
(c) the supply of scientific, technical, industrial or commercial knowledge or information;
(d) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such property or right as is mentioned in paragraph (a), any such equipment as is mentioned in paragraph (b) or any such knowledge or information as is mentioned in paragraph (c); or
(e) a total or partial forbearance in respect of:
(i) the use of, or the granting of the right to use, any such property or right as is mentioned in paragraph (a) or any such equipment as is mentioned in paragraph (b); or
(ii) the supply of any knowledge or information as is mentioned in paragraph (c) or of any such assistance as is mentioned in paragraph (d).
Notes to the Bounty (Computers) Regulations
Note 1
The Bounty (Computers) Regulations (in force under the Bounty (Computers) Act 1984) as shown in this compilation comprise Statutory Rules 1987 No. 27 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1987 No. 27 | 27 Feb 1987 | 27 Feb 1987 | |
1987 No. 218 | 30 Sept 1987 | 1 Oct 1987 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 1987 No. 218 |
Overview
The Bounty (Computers) Act 1984 was enacted by the Parliament of Australia to address the issue of providing financial incentives for the acquisition and use of computer technology in the country. This legislation aims to promote the growth of the computer industry, boost technological advancement, and facilitate the integration of computer technology in various sectors of the economy. The Bounty (Computers) Regulations 1987, made under this Act, further elaborate on the provisions by prescribing certain costs that are allowable for the purpose of claiming a bounty. These regulations, amended over the years, provide a framework for the application and administration of the bounty scheme, ensuring that the intended benefits are effectively delivered to eligible entities within the computer industry.
Scope and Application
The Bounty (Computers) Regulations, made under the Bounty (Computers) Act 1984, apply to prescribed costs associated with the use of computers, specifically including royalties, superannuation costs, workers’ compensation, and costs related to the acquisition, reconditioning, or repair of used machines or components. These regulations are intended to provide clarity and detail to the overarching Act, focusing on financial aspects pertinent to the computer industry. The regulations are applicable nationwide as they are made under a Commonwealth Act, thus extending their reach across all states and territories in Australia. The Act itself does not explicitly state exclusions or exemptions, but certain costs like insurance premiums for workers’ compensation are specifically excluded from the prescribed costs. The application of these regulations can be further extended or modified through subordinate instruments, allowing for adjustments and updates to align with evolving industry practices and economic conditions.
Key Provisions
The Bounty (Computers) Regulations 1987, which were made under the Bounty (Computers) Act 1984, outline the specific costs that are prescribed for the purposes of the Act. These regulations are particularly concerned with identifying what expenses are allowable when determining certain financial aspects of the Act. For example, section 3(1) of the regulations specifies the types of costs that are considered prescribed, such as royalties, superannuation costs, workers’ compensation, and the cost to acquire, recondition, or repair any used machines or components. The definition of 'royalties' in section 2 is also expanded to cover a broad range of payments made for the use or right to use various forms of intellectual or industrial property, as well as for the supply of knowledge, information, or assistance related to such property or equipment.
The Bounty (Computers) Regulations impose clear obligations on the parties or entities they govern, ensuring that certain financial aspects are handled according to the Act's requirements. For instance, section 3(1) mandates that specific costs such as royalties and workers' compensation must be accounted for in a particular way when determining allowable expenses under the Act. This means that any entity claiming a bounty or financial benefit under the Act must accurately report and justify these prescribed costs. Furthermore, section 3(2) provides a detailed definition of 'royalties,' which helps ensure that all forms of payments for the use of intellectual or industrial property are correctly identified and included in the calculations.
Breaches of the Bounty (Computers) Regulations may result in various consequences, although specific penalties are not detailed within the regulations themselves. Typically, penalties for non-compliance with regulations made under the Bounty (Computers) Act 1984 would be stipulated in the Act itself or in other relevant legislation. Generally, penalties could range from fines to more severe legal actions, depending on the nature and severity of the breach. For instance, under the Bounty (Computers) Act 1984, penalties for false statements or misleading information could result in substantial fines, and in more serious cases, criminal charges may be applicable. It is essential for entities governed by these regulations to ensure full compliance to avoid any potential legal repercussions.