EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 176
BOUNTY (INJECTION-MOULDING EQUIPMENT) REGULATIONS
Issued by the Authority of the Minister for Industry and Commerce.
The Bounty (Injection-moulding Equipment) Act 1979 provides assistance, by way of a bounty scheme, to manufacturers in Australia of injection-moulding equipment used in the production of artificial plastic goods.
The purpose of the accompanying regulations is to introduce regulations under this Act to prescribe:
(i) the conditions to be complied with for the purposes of the Act, in connection with the manufacture of bountiable injection-moulding equipment;
(ii) the manner in which, and the time within which, an application for bounty is to be made;
(iii) the information to be supplied by applicants in connection with such applications; and
(iv) the form and manner of appointment, by manufacturers of bountiable injection-moulding equipment, of agents authorized to sign documents required to be signed under the Act or Regulations.
Regulation 2
Defines the expressions “authorized agent” and “the Act” for the purposes of the regulations.
Regulation 3
Specifies the conditions to be complied with in connection with the manufacture at registered premises of bountiable injection-moulding equipment, namely:
(a) that items of injection-moulding equipment shall be allotted consecutive numbers;
(b) that the number allotted to an item of injection-moulding equipment shall be affixed to the item of equipment by being stamped by means of a die on the equipment or on a metal plate that is securely rivetted, bolted or screwed to the equipment; and
(c) that the number so affixed shall not be erased or altered or removed from the equipment unless the equipment is -
(i) in the case of an injection-moulding machine - sold by the manufacturer; and
(ii) in any other case - sold by the manufacturer or used by the manufacturer in the repair of, or as part of, other injection-moulding equipment.
Regulation 4
Requires the application for bounty:
(a) to be in writing;
(b) to be signed by, or on behalf of, the manufacturer of the injection-moulding equipment in the presence of a witness;
(c) to state the name and address of the witness and declare that the application was signed in the presence of the witness; and
(d) to be delivered to certain officers within certain specified periods.
Regulation 5
Sets out the information to be supplied by the applicants for bounty including:
(a) the name and address of the manufacturer of the equipment;
(b) the address of the registered premises at which the equipment was manufactured;
(c) the number allotted to the equipment for the purposes of these Regulations;
(d) the costs incurred by the manufacturer in relation to the manufacture of the equipment, calculated by reference to recognized accounting principles, and in particular -
(i) the costs of the materials and parts supplied to the manufacturer and used by him in the manufacture of the equipment;
(ii) research and development expenditure; and
(iii) factory overhead charges;
(e) the date on which the manufacture of the equipment was completed;
(f) the date on which the equipment was sold or used by the manufacturer and, where the equipment was sold, the name and address of the purchaser;
(g) the amount of bounty applied for;
(h) whether a previous application for bounty has been made in respect of the equipment 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; and
(i) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the equipment 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.
Regulation 6
Provides the authority for a manufacturer of bountiable injection-moulding equipment to appoint an authorized agent, who must be at least 18 years of age, 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 the Regulations, and provides that the instrument of appointment, which shall be delivered to a Collector or to the Comptroller-General, shall be in accordance with the form contained in the Schedule to the Regulations. Provision is also made for the manufacturer to be able to revoke the appointment of an authorized agent.
Regulation 7
Authorizes a director or secretary of a company to sign documents on behalf of that company.
Overview
The Bounty (Injection-moulding Equipment) Regulations 1982 were issued under the authority of the Minister for Industry and Commerce to provide further details and rules for the Bounty (Injection-moulding Equipment) Act 1979. This legislation aimed to assist Australian manufacturers of injection-moulding equipment, which is used in the production of artificial plastic goods, by offering a bounty scheme. The regulations detail the conditions for qualifying for the bounty, the process for making an application, the information required from applicants, and the appointment of authorized agents to sign necessary documents on behalf of manufacturers. These regulations were enacted to ensure the smooth administration of the bounty scheme and to provide clarity on the requirements for manufacturers seeking assistance.
Scope and Application
The Bounty (Injection-moulding Equipment) Regulations 1982 are subsidiary legislation enacted under the Bounty (Injection-moulding Equipment) Act 1979, which provides a bounty scheme to assist Australian manufacturers of injection-moulding equipment used in the production of artificial plastic goods. These regulations apply to manufacturers of bountiable injection-moulding equipment and their authorised agents, providing detailed procedural requirements for claiming the bounty. The regulations detail the specific conditions for manufacturing equipment to be eligible for the bounty, the process and timing for making an application, the information required to support the application, and the method for appointing authorised agents to act on behalf of manufacturers. The regulations specify that the injection-moulding equipment must be manufactured at registered premises, be allotted consecutive numbers, and have those numbers affixed in a manner that cannot be easily erased or altered unless specific conditions are met. Applications for bounty must be in writing, signed by or on behalf of the manufacturer in the presence of a witness, and delivered to specified officers within certain timeframes. Manufacturers must provide detailed information about the equipment, the manufacturing process, and the financial implications of producing the equipment. The regulations also allow for the appointment of authorised agents to sign documents on behalf of manufacturers, with the authority to revoke such appointments also outlined. These regulations have a national reach as they are issued under the Commonwealth authority of the Minister for Industry and Commerce, and they do not explicitly state any exclusions or exemptions beyond the conditions and requirements set out in the regulations themselves.
Key Provisions
The Bounty (Injection-moulding Equipment) Regulations 1982 (C2004L04041) establish the conditions under which manufacturers of injection-moulding equipment in Australia can apply for a bounty, as provided by the Bounty (Injection-moulding Equipment) Act 1979. Regulation 2 clarifies the definitions of key terms such as "authorized agent" and "the Act". Regulation 3 specifies that injection-moulding equipment must be numbered consecutively and the number permanently affixed to the equipment or a metal plate attached to it. This number cannot be altered except under specific conditions, such as the sale of the machine or its use in repair or other manufacturing processes.
The obligations under these regulations are multifaceted. Manufacturers must comply with the numbering and identification requirements outlined in Regulation 3 to ensure traceability and accountability. They must submit a written application for bounty, signed in the presence of a witness, as detailed in Regulation 4. This application must include detailed information about the manufacturer, the equipment, and the costs incurred, as specified in Regulation 5. Additionally, manufacturers can appoint an authorized agent to sign documents on their behalf, as provided in Regulation 6. Regulation 7 allows directors or secretaries of companies to act on behalf of their companies in signing documents.
Failure to comply with these regulations can lead to serious consequences. Although the regulations do not explicitly state penalties, breaches of such conditions could potentially be viewed as non-compliance with the Bounty (Injection-moulding Equipment) Act 1979, which might incur administrative or legal penalties. The specific penalties would depend on the nature and severity of the breach, and could range from fines to more severe legal action under the overarching Act. It is important for manufacturers to adhere strictly to these provisions to avoid any adverse outcomes.