Motor Industry Bounty Regulations

Legislation au C1938L00119 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1938. No. 119.

––––––

REGULATIONS UNDER THE MOTOR INDUSTRY BOUNTY ACT 1938.*

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 Motor Industry Bounty Act 1938.

Dated this seventeenth day of December, 1938.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

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Motor Industry Bounty Regulations.

Citation.

1. These Regulations may be cited as the Motor Industry Bounty Regulations.

Definitions.

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

“authorized agent” means a person appointed in accordance with regulation 3 of these Regulations to be an authorized agent for the purposes of these Regulations;

“bounty” means bounty under the Act;

“the Act” means the Motor Industry Bounty Act 1938, and, if that Act is at any time amended, includes that Act as so amended;

“the Schedule” means the Schedule to these Regulations.

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

Authorized agents.

3.—(1.) A person may appoint, in accordance with Form 1, an authorized agent to execute on his behalf any declaration, certificate or other document required under these Regulations in relation to any claim for bounty by that person and the authorized agent may execute on behalf of his principal any such declaration, certificate or other document accordingly.

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

 

*Notified in the Commonwealth Gazette on     December, 1938.

7189.—8/13.12.1938.—Price 3d.


Notice of intention to claim bounty.

4.—(1.) Subject to this regulation, a person who intends to claim bounty shall, at least thirty days before the claim for bounty is made, furnish to the Collector a notice of intention to claim bounty in accordance with Form 2.

(2.) The Collector may, if so requested by a person who intends to claim bounty, accept a notice of intention to claim bounty as a continuing notice.

(3.) Where the Collector has accepted a notice of intention to claim bounty as a continuing notice, and some other person becomes the owner of the factory specified in the notice, it shall not be necessary for that other person to furnish a notice of intention to claim bounty in respect of goods manufactured by him at that factory.

Form of application for bounty.

5. 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.

6.—(1.) Subject to the next succeeding sub-regulation, an application for bounty on goods the production of which is completed during any month shall be lodged with the Collector within thirty days after the end of that month.

(2.) The Collector may permit applications for bounty in respect of goods the production of which has been completed during the period of three months ending on the last day of September, December, March or June respectively, to be lodged with him within sixty days after the end of that period.

Conditions of manufacture.

7. Australian and imported materials intended for use in the manufacture of the goods shall be stored separately to the satisfaction of the Collector.

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Reg. 2.

THE SCHEDULE.

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Reg. 3.    Commonwealth of Australia.   Form 1.

Motor Industry Bounty Act 1938.

APPOINTMENT OF AUTHORIZED agent.

(a) Here insert name, address and description of principal.

(b) Here insert name, address and description of agent.

(c) Signature of principal.

(d) Signature and address of witness.

(e) Signature of person authorized

I,/we, (a)      hereby nominate, constitute and we, appoint (b)                                                                                                  (a specimen of whose signature appears hereunder) to be my/our agent for the purposes of the Motor Industry Bounty Regulations and to execute on my/our behalf any declaration, certificate or other document required for the purposes of those Regulations.

Dated at     this     day of                                                                       19               .

       (c)

(d)

(e)


Reg. 4.     Commonwealth of Australia.  Form 2.

Motor Industry Bounty Act 1938.

NOTICE BY MANUFACTURER OF INTENTION TO CLAIM BOUNTY.

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

(a) Here insert kind of goods.

To the Collector of Customs,                                    State of

I/We hereby give notice that I/we intend to claim bounty in respect of (a)                                                           manufactured or to be manufactured in my/our factory situated at

I/*We request that this be accepted as a continuing notice.

Dated at     this     day of                                                                       19               .

(b) Insert name of manufacture.

(Signature of Manufacturer or (b)                                per                                          Authorized Agent.)

* This paragraph may be omitted if desired.

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Reg. 6.    Commonwealth of Australia.   Form 3.

Motor Industry Bounty Act 1938.

APPLICATION FOR BOUNTY.

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

(a) Insert name of declarant.

(b) Insert address of declarant.

(c) Strike out whichever inapplicable.

I, (a)     of (b)

hereby apply for bounty in respect of the following goods, the production of which was completed by (c) me/the manufacturer in (c) my/his factory situated at                                                                      during the month(s) of                                                                                    , 19              .

Number and Description of Goods on which Bounty is claimed.

Rate of Bounty.

Percentage of Australian materials contained in the goods.

Amount of Bounty claimed.

 

 

 

£

s.

d.

Total.........

 

 

 

Total (in words)     pounds

shillings    pence.


Declaration.

(d) Here insert name, address and occupation of person making declaration.

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

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

(1) I am the (e)      of the goods specified in the foregoing application for bounty.

(2) The goods were manufactured in premises appointed by the Minister for Trade and Customs as a factory for the purposes of the Motor Industry Bounty Act 1938.

(3) The description of the goods, and the particulars relating thereto, set out in the foregoing application for bounty, are true and correct in every particular.

(4) The whole of the goods are of good and merchantable quality.

(5) 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 to bounty in respect of the goods has been forfeited or taken away.

(6) 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 goods.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1922 conscientiously believing the statements contained therein to be true in every particular.

(f) Signature of person making declaration.

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

(h) Here insert title of person before whom declaration is made.

(f)

Declared before me at    this

day of      19

Before me—

(g)

(h)

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 Motor Industry Bounty Regulations 1938 were made under the Motor Industry Bounty Act 1938 to provide a structured framework for the administration of bounties on motor vehicles and motor vehicle components manufactured in Australia. These regulations were introduced to ensure that the bounty claims process was efficient and transparent, and they were enacted by the Governor-General in accordance with the Federal Executive Council. The objective of these regulations is to facilitate the timely and accurate submission of claims for bounties by manufacturers, ensuring that the bounty system supports the growth and development of the Australian motor industry. The regulations outline the procedures for appointing authorized agents, the notification process for claiming bounty, and the requirements for submitting applications, including the necessary forms and supporting documentation.

Scope and Application

The Motor Industry Bounty Regulations, made under the Motor Industry Bounty Act 1938, apply to individuals or entities intending to claim a bounty for goods manufactured in Australia. The Act and subsequent regulations govern the process and eligibility criteria for such bounty claims within the motor industry. The regulations specify procedures for appointing authorized agents to act on behalf of claimants, require manufacturers to notify the Collector of their intention to claim bounty, and detail the forms and documentation necessary for such claims. These regulations apply across the Commonwealth of Australia, as they pertain to the national motor industry bounty system. The regulations also include provisions for the storage of materials used in manufacturing, ensuring compliance with conditions set forth to qualify for the bounty. Exclusions or exemptions are not explicitly detailed within these regulations, and they operate in conjunction with any further instruments or amendments that may extend or refine their application.

Key Provisions

The Motor Industry Bounty Regulations, made under the Motor Industry Bounty Act 1938, establish specific procedures and requirements for the claiming of bounty by manufacturers. A key provision is the requirement for manufacturers to appoint an authorized agent to execute documents related to bounty claims (Reg. 3). These authorized agents can execute declarations, certificates, and other documents on behalf of the manufacturer, with such documents being as effective as if executed by the manufacturer themselves. The Regulations impose several obligations on parties seeking to claim bounty. Manufacturers must provide a notice of their intention to claim bounty to the Collector at least thirty days before making the actual claim (Reg. 4). This notice can be accepted as a continuing notice, meaning subsequent owners of the factory do not need to provide a new notice. Additionally, manufacturers must submit an application for bounty within specific timeframes, generally within thirty days of the end of the month in which production was completed, though extensions are possible under certain conditions (Reg. 6). Violations of the Regulations can result in various consequences. For instance, making a false statement in a statutory declaration is a serious offence, carrying the potential penalty of up to four years imprisonment (Reg. 5). The declaration must be made before an authorized person, such as a Justice of the Peace or a Notary Public, underscoring the importance of accuracy and integrity in the documentation required for bounty claims. These stringent requirements and potential penalties ensure compliance and maintain the integrity of the bounty claim process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.