Canned Fruit Bounty Regulations

Legislation au C1924L00124 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No. 124.

————

REGULATIONS UNDER THE CANNED FRUIT BOUNTY ACT 1924.

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 Canned Fruit Bounty Act 1924, to come into operation forthwith.

Dated this fifteenth day of August, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

———

Canned Fruit Bounty Regulations.

Short Title.

1. These Regulations may be cited as the Canned Fruit Bounty Regulations.

Definitions.

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

“Bounty” means Bounty under the Act;

“Comptroller-General” means the Comptroller-General of Customs;

“Officer” means an Officer of Customs.

(2) Any reference in these Regulations to a Form shall unless the contrary intention appears be read as a reference to a Form in the Schedule to these Regulations.

Claims for Bounty.

3. (1) Claims for bounty on production of canned fruit shall be rendered to the Comptroller-General in accordance with Form 1.

(2) Claims for bounty on the export of canned fruit shall be rendered to the Comptroller-General in accordance with Form 2.

Returns to be furnished.

4. (1) Each canner shall furnish the Comptroller-General within fourteen days of the date of these Regulations and thereafter on the first day of each calendar month, with a return in accordance with Form 3 in respect of canned fruit on which bounty has been claimed by him, showing the quantity—

(a) sold for consumption in Australia;

(b) exported; and

(c) in stock unsold.

Penalty: Ten pounds.


Cart note to be used for export.

5. Canned fruit sent for shipment beyond the Commonwealth shall be accompanied by a Cart Note in triplicate in accordance with Form 4. One copy shall be returned duly receipted by the Examining Officer at the Wharf or Station to the Officer by whom it was issued.

Validation of payments before commencement of regulations.

6. Any payment in the nature of a bounty on canned fruit which has been made before the date of these Regulations shall be deemed to have been duly made notwithstanding the fact that the provisions of these Regulations have not been complied with.

Amount of penalty.

7. The penalty set out at the foot of any regulation or sub-regulation indicates that any person who commits—

(a) the offence created by that regulation or sub-regulation; or

(b) a breach of that regulation whether by act or omission,

shall be punishable upon conviction by a penalty not exceeding the penalty set out.

 

THE SCHEDULE.

——

FORM 1

Commonwealth of Australia.

Canned Fruit Bounty Act 1924.

CLAIM FOR BOUNTY ON PRODUCTION.

Departmental Registration Number

(a) Insert name and full address.

(b) Here insert name of goods.

Dr. to (a).............................

Financial year 19..... State of................

I hereby claim Bounty in respect of (b).............................................

produced by me at my factory during the period commencing on the First day of November, 1923, and ending on the Thirtieth day of September, 1924. The particulars relating to the goods are as follow:—

Particulars.

Factory Situated at—

No., Size, Weight, and Description of Goods on which Bounty is Claimed.

Rate of Bounty.

Amount of Bounty Claimed.

 

 

 

 

Total...........................pounds

...................shillings..............pence £

Signature of Producer.....................

 

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above Claim for Bounty are true and correct and that the claimant is entitled to Bounty on the goods specified in the claim.

............................Officer of Customs.

............................19...

I certify that this account is correct within the meaning of Section 34 of the Audit Act 1901-1920.

.......................Certifying Officer.

Date / / .

Received on the ………………………19.., from.................................

the sum of............................pounds.............................shillings

...................................pence, in full payment of the above account.

Witness to the payment and signature...................................

See Declaration on back hereof.

commonwealth of australia.

——

STATUTORY DECLARATION.

I,.......................................................................

of.........................................................................

do solemnly and sincerely declare:—

(a) Description of person making declaration.

1. That I am (a)..........................................................

.................................................................

2. That the particulars contained in this claim for Bounty are correct.

(b) Name of Producer.

3. That (b)...........................................is/are the producer of the canned fruit specified in this claim for Bounty.

4. That the canned fruit was produced by the said (b)...............................at the factory mentioned in this claim for Bounty.

5. That no other claim for Bounty has been made nor has any Bounty been paid in respect of the production of the canned fruit specified in this claim for Bounty.

6. That all the conditions contained in the Canned Fruit Bounty Act 1924 to be complied with on the part of the Canner, have been complied with by the Canner.

 

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.

(c) Signature of person making the declaration.

(d) Signature of person before whom declaration is made.

(e) Here insert title of person before whom the declaration is made. That person must be a Police Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.

(c)..........................................

Declared at....................................

on the..................................day of

.................................One thousand

nine hundred and twenty-four,

Before me—

(d)..........................................

(e)..........................................

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.

FORM 2

Commonwealth of Australia.

Canned Fruit Bounty Act 1924.CLAIM FOR BOUNTY ON EXPORTATION.

Departmental Registration Number

(a) Insert name and full address.

Dr. to (a).............................

Financial year 19..... State of................

(b) Here insert name of goods.

I hereby claim Bounty in respect of (b).............................................

produced by me at my factory during the period commencing on the First day of November, 1923, and ending on the Thirtieth day of September, 1924, and exported by me to …………………….per s. s…………………on……………………………

Particulars.

Factory Situated at—

No. Size, Weight, and Description of Goods on which Bounty is Claimed.

Rate of Bounty.

Amount of Bounty Claimed.

 

 

 

 

Total...........................pounds

...................shillings..............pence £

Signature of Producer.....................

 

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above Claim for Bounty are true and correct and that the claimant is entitled to Bounty on the goods specified in the claim.

............................Officer of Customs.

............................19...

I certify that this account is correct within the meaning of Section 34 of the Audit Act 1901-1920.

.......................Certifying Officer.

Date / / .

Received on the ..................... 19...................................,              from             

the sum of............................pounds.............................shillings

...................................pence, in full payment of the above account.

Witness to the payment and signature...................................

See Declaration on back hereof.

commonwealth of australia.

——

STATUTORY DECLARATION.

I,.......................................................................

of.........................................................................

do solemnly and sincerely declare:—

(a) Description of person making declaration.

1. That I am (a)..........................................................

.................................................................

2. That the particulars contained in this claim for Bounty are correct.

(b) Name of Producer.

3. That (b)...........................................is/are the producer of the canned fruit specified in this claim for Bounty.

4. That the canned fruit was produced by the said (b)...............................at the factory mentioned in this claim for Bounty.

5. That the canned fruit was exported to……………………by the said………………………per s. s.…………………….on the ……………………

6. That no other claim for Bounty has been made nor has any Bounty been paid in respect of the export of the canned fruit specified in this claim for Bounty.

 

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.

(c) Signature of person making the declaration.

(d) Signature of person before whom declaration is made.

(e) Here insert title of person before whom the declaration is made. That person must be a Police Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.

(c)..........................................

Declared at....................................

on the..................................day of

.................................One thousand

nine hundred and twenty-four,

Before me—

(d)..........................................

(e)..........................................

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.

FORM 3

Commonwealth of Australia

Canned Fruit Bounty Act 1924.

Return of Canned Fruit on which Bounty has been claimed by me:—

(a) Sold for consumption in Australia;

(b) Exported;

(c) in stock unsold.

(a) Specify number of dozen of each size of tin, i.e., 30 oz., 16 oz., &c.

(b) Description of person making Declaration.

 

 

 

(a).

(a).

(a).

Name and Address of of Factory.

Date to which this Return is made.

Name of Fruit.

No. of dozen Sold for Consumption in Australia.

No. of dozen  Exported.

No. of dozen in Stock Unsold.

 

 

 

 

 

 

I hereby declare that I am (b).....................................................

and that the particulars contained in this return are correct.

.............................

..................................

Date / /

———

Form 4.

Commonwealth of Australia.

——

Canned Fruit Bounty Act 1924.

Cart Note.

To the Examining Officer at..........................................Wharf or Station.

The undermentioned Canned Fruit are forwarded for shipment per s. s......................

to..................................

Name of Exporter......................................

Marks.

Number of Cases and Number and Size of Cans in each case.

Description of Fruit.

 

 

 

Received the above-mentioned fruit.

Examining Officer.....................

Date......................

Goods shipped................................................................

Customs Officer......................

Date......................

Received the above-mentioned goods.

Chief Officer.........................

Date......................

 

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

Overview

The Canned Fruit Bounty Regulations 1924 were enacted to provide the necessary framework for administering the bounty scheme established under the Canned Fruit Bounty Act 1924. This legislative instrument was introduced to address the need for clear guidelines and procedures to ensure the accurate and efficient distribution of bounties to canners for both the production and export of canned fruit. Enacted by the Governor-General in accordance with the Federal Executive Council, these regulations serve to formalise the process of claiming bounties, including the requisite forms and declarations, as well as the submission of returns and accompanying cart notes for export. The policy objective, as implied by the legislative context, is to incentivise the production and export of canned fruit by providing financial support to canners, thereby promoting economic growth and trade within the industry.

Scope and Application

The Canned Fruit Bounty Regulations 1924, made under the Canned Fruit Bounty Act 1924, apply to any person or entity involved in the production or export of canned fruit in Australia. The regulations mandate that claims for bounty on both the production and export of canned fruit must be submitted to the Comptroller-General in accordance with the prescribed forms, which are detailed in the Schedule. Specifically, canners are required to furnish monthly returns detailing the quantities of canned fruit sold for consumption in Australia, exported, and remaining unsold. These regulations also provide for a penalty of ten pounds for non-compliance. Additionally, the regulations detail procedures for the validation of bounty payments made prior to the commencement of these regulations and outline the use of a cart note for the export of canned fruit. The geographic scope of these regulations is nationwide, applying across the Commonwealth of Australia, and they extend their application through the use of forms and schedules detailed in the statutory instrument.

Key Provisions

The Canned Fruit Bounty Regulations, made under the Canned Fruit Bounty Act 1924, outline the procedures for claiming and administering bounties on canned fruit. Firstly, section 3 outlines the procedure for making claims for bounty on the production and export of canned fruit. Specifically, section 3(1) requires that claims for bounty on production be submitted to the Comptroller-General in accordance with Form 1, while section 3(2) requires that claims for bounty on the export of canned fruit be submitted in accordance with Form 2. Both forms necessitate the producer's certification and an officer's certificate. Secondly, the Regulations impose certain obligations on the canners of fruit. Section 4 requires canners to furnish the Comptroller-General with monthly returns in accordance with Form 3, detailing the quantities of canned fruit sold for consumption in Australia, exported, and remaining in stock. Additionally, section 5 mandates that canned fruit sent for export must be accompanied by a Cart Note in triplicate, with one copy returned receipted to the issuing officer. Thirdly, the Regulations specify the consequences of non-compliance. Section 4 includes a penalty of ten pounds for failure to provide the required returns. Moreover, while the Regulations do not explicitly enumerate other offences or penalties, any breach of the regulations may result in a penalty not exceeding the amount specified at the foot of the relevant regulation or sub-regulation, as stated in section 7. The inclusion of statutory declarations in Forms 1 and 2 also underscores the seriousness of providing accurate information, with a note indicating that wilfully making a false statement in such a declaration is an indictable offence, carrying a potential penalty of imprisonment for up to four years.

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