Cable and Wire Bounty Regulations

Legislation au C1941L00257 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 257.

 

REGULATIONS UNDER THE CABLE AND WIRE BOUNTY ACT 1941.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Cable and Wire Bounty Act 1941.

Dated this twenty ninth day of October, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

 

Cable and Wire Bounty Regulations.

Citation.

1. These Regulations may be cited as the Cable and Wire Bounty Regulations.

Commencement.

2. These Regulations shall come into operation on the date on which the Act comes into operation.

Definitions.

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

“bounty” means bounty under the Act;

“the Act” means the Cable and Wire Bounty Act 1941.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Authorized agents.

4.—(1.) A manufacturer may appoint, in accordance with Form 1, an authorized agent to execute on his behalf any notice, declaration, certificate or other document required for the purposes of the Act or these Regulations, and the authorized agent may execute on behalf of his principal any such notice, declaration, certificate or other document accordingly.

(2.) Any notice, declaration, certificate or other document so executed shall be as effective as if it had been executed by the principal.

Notice of intention to claim bounty.

5. A manufacturer who intends to claim bounty shall furnish to the Collector in the State in which the rubber-insulated cable or rubber-insulated wire has been, or is to be, manufactured a notice of intention to claim bounty in accordance with Form 2—

(a) where he has manufactured rubber-insulated cable or rubber-insulated wire (in respect of which he intends to claim bounty) since the first day of July, 1940, and prior to the commencement of these Regulations, or where he is manufacturing rubber-insulated cable or rubber-insulated

 

* Notified in the Commonwealth Gazette on , 1941.

6331.—3/30.9.1941.—Price


wire (in respect of which he intends to claim bounty) during the period of fourteen days after the commencement of these Regulations—within that period of fourteen days; or

(b) where he begins to manufacture rubber-insulated cable or rubber-insulated wire (in respect of which he intends to claim bounty) after that period of fourteen days—at least fourteen days before he begins to manufacture those goods.

Form of application for bounty.

6. An application for bounty shall be in accordance with Form 3 and shall be supported by a statutory declaration in accordance with the form contained in that Form.

Time within which applications for bounty are to be made.

7.—(1.) Subject to the next two succeeding sub-regulations, an application for bounty in respect of rubber-insulated cable or rubber-insulated wire shall be lodged with the Collector in the State in which the goods were manufactured within thirty days after the end of the month during which the manufacture thereof was completed.

(2.) The Collector may permit applications for bounty in respect of rubber-insulated cable or rubber-insulated wire, the manufacture of which was completed during any period of three months ending on the last day of March, June, September or December, to be lodged with him within sixty days after the end of that period.

(3.) An application for bounty in respect of rubber-insulated cable or rubber-insulated wire the manufacture of which was completed during the period from the first day of July, 1940, to the thirtieth day of June, 1941, may be lodged with the Collector in the State in which the goods were produced within sixty days after the end of that period.

Conditions of manufacture.

8.—(1.) Materials intended for use in the manufacture of rubber-insulated cable or rubber-insulated wire shall be stored by the manufacturer separately from other materials, to the satisfaction of the Collector, and shall be properly recorded in the accounts and books of the manufacturer.

(2.) Proper records shall be kept by the manufacturer, to the satisfaction of the Collector, of the weight, value and country of origin of all copper wire used in the manufacture of rubber-insulated cable and rubber-insulated wire and shall show that information separately as to the copper wire used for goods subject to bounty and copper wire used for goods sold by the manufacturer direct to the Commonwealth for use for defence purposes.

Return for Parliament.

9. The return referred to in section 22 of the Act shall, in addition to setting forth the particulars specified in paragraphs (a), (b) and (c) of sub-section (2.) of that section, set forth—

(a) whether each manufacturer in a locality in which standard rates of wages or conditions of employment have been prescribed or declared in pursuance of section 12 of the Act who has been paid bounty has, in respect of the persons employed by him in the manufacture of the rubber-insulated cable or rubber-insulated wire in respect of which the bounty was paid, paid rates of wages and observed conditions of employment not less favorable to the persons so employed than the rates and conditions so prescribed or declared; and


(b) where the rates or conditions so prescribed or declared have not been paid or observed, the extent to which non-payment or non-observance has occurred, the amount of bounty (if any) withheld for that reason, and what action (if any) has been taken by the manufacturer to compensate the persons so employed in respect of his failure to pay those rates and observe those conditions.

Offences.

10. Any person who commits a breach of, or fails to comply with any of these Regulations, shall be guilty of an offence, and shall be liable, upon conviction, to a penalty not exceeding Fifty pounds.

 

THE SCHEDULE.

Reg. 4. Commonwealth of Australia. Form 1.

Cable and Wire Bounty Act 1941.

APPOINTMENT OF AUTHORIZED AGENT.

(а) Insert name and address of manufacturer.

(b) Insert name, address and description of agent.

(a)

hereby nominates, constitutes and appoints (b)

(a specimen of whose signature appears hereunder) to be the agent of the abovementioned manufacturer for the purposes of the Cable and Wire Bounty Act 1941 and the Regulations thereunder, and to execute on that manufacturer’s behalf any notice, declaration, certificate or other document required for the purposes of that Act and those Regulations.

(c) Signature of manufacturer or officer acting on behalf of manufacturer.

(d) Signature and address of witness.

(e) Signature of agent.

Dated at this day of , 19 .

(c)

(d)

(e)

 

Reg. 5. Commonwealth of Australia. Form 2.

Cable and Wire Bounty Act 1941.

NOTICE BY MANUFACTURER OF INTENTION TO CLAIM BOUNTY.

Note.—This form, when filled in, should be forwarded to the Collector of Customs.

(a) Insert name and address of manufacturer.

(b) Signature of authorized agent.

(a)

hereby gives notice that the abovementioned manufacturer intends to claim bounty in respect of rubber-insulated cable and rubber-insulated wire manufactured or to be manufactured in the factory situated at                            for sale for use in the Commonwealth.

Dated at this day of , 19 .

(b)

 

Reg. 6. Commonwealth of Australia. Form 3.

Cable and Wire Bounty Act 1941.

APPLICATION FOR BOUNTY.

Note.This form, when filled in, should be forwarded to the Collector of Customs.

(a) Insert name and address of manufacturer.

(a)

hereby applies for bounty at Fourpence for each pound of copper wire used in the manufacture of the rubber-insulated cable and rubber-insulated wire described hereunder, the production of which was completed by that manufacturer in the factory situated at                            during

the month (s) of , 19 .

Description of cable or wire.

Length.

Weight of copper wire used.

Amount of bounty claimed.

 

yards.

lb.

£

s.

d.

 

 

Total.....

 

Total (in words) pounds shillings pence.


Statutory Declaration.

(b) Insert full name, address and occupation of declarant.

(c) Insert manufacturer” or “authorized agent of the manufacturer,” whichever is applicable.

I, (b)   do solemnly and sincerely declare as follows:—

(1) I am the (c) of the rubber-insulated cable and rubber-insulated wire specified in the foregoing application for bounty.

(2) The rubber-insulated cable and rubber-insulated wire were manufactured in premises appointed by the Minister of State for Trade and Customs as a factory for the purposes of the Cable and Wire Bounty Act 1941.

(3) The description of the rubber-insulated cable and rubber-insulated wire, and all the particulars relating thereto, set out in the foregoing application for bounty, are true and correct in every particular.

(4) The rubber-insulated cable and rubber-insulated wire were produced for sale for use in the Commonwealth.

(5) None of the rubber-insulated cable or rubber-insulated wire has been, or will be, sold by the applicant direct to the Commonwealth for use for defence purposes.

(6) The rubber-insulated cable and rubber-insulated wire are of good merchantable quality.

(d) This paragraph should he omitted if no rates and conditions have been prescribed or declared in the locality in which the goods were manufactured.

(7) (d) The rates of wages paid and the conditions of employment observed by the manufacturer in respect of the persons employed in the production of the rubber-insulated cable and rubber-insulated wire were not less favorable to the persons so employed than the rates and conditions prescribed or declared in pursuance of section 12 of the Cable and Wire Bounty Act 1941.

(8) 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 the right of the manufacturer to bounty in respect of the rubber-insulated cable and rubber-insulated wire has been forfeited or taken away.

(9) To the best of my knowledge and belief, no other application for bounty has been made, nor has any bounty been paid, in respect of the rubber-insulated cable and rubber-insulated wire.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

(e) Signature of declarant.

(e)

Declared at this day of , 19 .

(f) Signature of person before whom the declaration is made.

(g) Insert title of person before whom declaration is made.

Before me—

(f)

(g)

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

This declaration may be made before a Police, Stipendiary or Special Magistrate; Justice of the Peace; Commissioner for Affidavits; Commissioner for Declarations; or a Notary Public.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Cable and Wire Bounty Regulations 1941 were made under the authority of the Governor-General in Council and are statutory rules implementing the provisions of the Cable and Wire Bounty Act 1941. The Regulations address the need for a systematic process to claim and administer bounties for manufacturers of rubber-insulated cable and wire. The policy objective of the Act is to provide financial incentives to encourage the local production of rubber-insulated cable and wire, which were considered essential materials for the Commonwealth during wartime. The Regulations detail the procedures for appointing authorised agents, notifying the intention to claim a bounty, and submitting applications for bounty, including the required forms and supporting documents. These measures are designed to ensure that the bounty process is transparent, accountable, and in compliance with the legislative requirements.

Scope and Application

The Cable and Wire Bounty Regulations, made under the Cable and Wire Bounty Act 1941, apply to manufacturers of rubber-insulated cable and rubber-insulated wire within the Commonwealth of Australia. These Regulations provide a framework for the process of claiming and applying for bounty, detailing the procedural requirements for manufacturers to follow. Manufacturers can appoint authorized agents to execute documents required for bounty claims, as stipulated in Form 1. Manufacturers must notify the Collector of their intention to claim bounty using Form 2, and they must lodge their bounty application with the Collector within specific timeframes as outlined in Form 3. The Regulations also set conditions for the storage and recording of materials used in the manufacture of rubber-insulated cable and wire, ensuring compliance with specified standards. Additionally, the Regulations outline the content of returns for Parliament, which must include information on wage rates and conditions of employment in relation to the manufacture of rubber-insulated cable and wire. The geographic reach of these Regulations is national, applying across all states and territories of Australia. There are no stated exclusions or exemptions in these Regulations, but penalties for non-compliance are provided, with a maximum penalty of Fifty pounds for any breach. The application and scope of the Regulations may be further extended or restricted through subordinate instruments, although none are mentioned in this text.

Key Provisions

The Cable and Wire Bounty Regulations, made under the Cable and Wire Bounty Act 1941, establish a framework for the claim and payment of bounty for manufacturers of rubber-insulated cable and rubber-insulated wire. These regulations outline the procedures for manufacturers to follow when claiming the bounty, including the appointment of authorized agents (Reg. 4), the submission of a notice of intention to claim bounty (Reg. 5), and the application for bounty (Reg. 6). Manufacturers must submit these documents to the Collector in the state where the goods were manufactured. These regulations also mandate that materials used in the production of rubber-insulated cable and wire must be stored separately and properly recorded, and that manufacturers keep detailed records of the weight, value, and origin of the copper wire used (Reg. 8). The regulations impose specific obligations on manufacturers. They must appoint an authorized agent to execute any required notices, declarations, or certificates (Reg. 4), notify the Collector of their intention to claim bounty (Reg. 5), and submit an application for bounty within a specified timeframe, which varies depending on the timing of the manufacture relative to the commencement of these regulations (Reg. 7). Additionally, manufacturers must ensure that the materials used in the production of the rubber-insulated cable and wire are stored separately from other materials and properly recorded (Reg. 8). Furthermore, the regulations require manufacturers to pay their employees the prescribed rates of wages and observe the declared conditions of employment (Reg. 9). Failure to comply with the Cable and Wire Bounty Regulations can result in civil penalties. Any person who commits a breach of, or fails to comply with any of these regulations, shall be guilty of an offence and shall be liable, upon conviction, to a penalty not exceeding Fifty pounds (Reg. 10). This includes any person who wilfully makes a false statement in a statutory declaration, which is an indictable offence and is liable to imprisonment, with or without hard labour, for four years under the Statutory Declarations Act 1911. These penalties underscore the importance of adhering to the regulations to avoid legal repercussions.

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