STATUTORY RULES
1927. No. 136.
REGULATIONS UNDER THE POWER ALCOHOL BOUNTY ACT 1926.
(First Amendment.)
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 Power Alcohol Bounty Act 1926 to come into operation forthwith.
Dated this twenty-third day of November, 1927.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD
for Minister of State for Trade and Customs.
Amendment of Power Alcohol Bounty Regulations.
(Statutory Rules 1927, No. 52.)
1. After Regulation 5 of the Power Alcohol Bounty Regulations the following regulation is inserted:—
“5a. (1) Forms containing declarations may be signed by a duly authorized agent in cases where the principal is legally incapable of making a declaration.
(2) Any officer may require from any agent the production of his written authority from the principal for whom he claims to act, and in default of the production of such authority may refuse to recognize the agency.
(3) Any declaration made by an agent in pursuance of this regulation shall be held to have been made with the knowledge and consent of the principal, so that in any prosecution in respect of any declaration made by any such agent the principal shall be liable only to the pecuniary punishment provided by the Power Alcohol Bounty Act 1926 or these Regulations as if such declaration had been made by the principal.
(4) An authority under this Regulation may be according to Form 3.”
1064.—Price 3d.
2. The Schedule to the Power Alcohol Bounty Regulations is amended by the addition of the following Form:—
FORM 3.
Commonwealth of Australia.
Power Alcohol Bounty Act 1926.
Authority to Agent to Sign Declaration.
(a). Here insert name of principal.
(b). Here insert name of person authorized.
(a) hereby authorizes (b) (whose signature appears below) to sign as its agent forms containing declarations prescribed by the Power Alcohol Bounty Regulations made under the Power Alcohol Bounty Act 1926.
Dated the day of , 19
(c). Here Insert “Company”, “Corporation” or as the case may be.
In witness whereof the common seal of the (c) was affixed hereto in the presence of—
To the Collector of Customs at
Signature of person authorized.
By Authority of J. Green, Government Printer, Canberra.
Overview
The Power Alcohol Bounty Act 1926 was enacted by the Parliament of Australia to provide a bounty for the production of alcohol for industrial purposes, addressing a need to incentivise the use of alcohol in industries where it served as a valuable chemical or fuel. This legislation was aimed at enhancing industrial processes and supporting the economy by promoting the use of alcohol derived from various sources. The Regulations under the Power Alcohol Bounty Act 1926, as amended in 1927, further detail the administration and implementation of the bounty scheme. These regulations were made by the Governor-General in Council, under the authority granted by the Act, to ensure the bounty was distributed effectively and fairly, with a policy objective to support industrial alcohol production and use.
Scope and Application
The Power Alcohol Bounty Regulations 1927, as amended, pertain to the administration and enforcement of the Power Alcohol Bounty Act 1926 within the Commonwealth of Australia. These regulations apply to all individuals and entities engaged in the production or trade of power alcohol, and they are designed to ensure compliance with the Act's provisions. Specifically, the regulations govern the process by which declarations can be made, including the authority for duly authorised agents to sign declarations on behalf of principals who are legally incapable of doing so themselves. Any agent signing such forms must present written authority from their principal, and the declaration will be treated as if made by the principal themselves, thereby holding the principal liable for any prosecution. This regulation extends to the entire Commonwealth and is applicable to all persons or entities within its jurisdiction who are subject to the Power Alcohol Bounty Act 1926. The amendments and regulations are made under the authority of the Governor-General, acting on advice from the Federal Executive Council, and are intended to enhance the enforcement mechanisms of the Act by providing clear guidelines on the signing of declarations and the necessary documentation for authorised agents.
Key Provisions
The main operative sections of these regulations (Regulation 5a) permit the use of duly authorized agents to sign forms containing declarations on behalf of principals who are legally incapable of making such declarations. This regulation requires that any officer may demand written authority from an agent claiming to act on behalf of a principal, and if such authority is not produced, the officer may refuse to recognise the agency. The declaration made by the agent is considered to have been made with the knowledge and consent of the principal, and the principal is liable for any pecuniary punishment provided by the Power Alcohol Bounty Act 1926 or these Regulations as if the declaration had been made by the principal themselves.
These regulations impose certain obligations and requirements on the parties they govern. Firstly, they necessitate the production of a written authority from the principal to the agent, as required by Regulation 5a(2). This ensures that the agent has the legal capacity to act on behalf of the principal in signing forms containing declarations. Secondly, the regulations specify that any declaration made by an agent is considered to have been made with the knowledge and consent of the principal, as outlined in Regulation 5a(3). This implies that the principal is equally liable for any breach of the Act or these Regulations as if they had made the declaration themselves.
The regulations also include provisions for offences, penalties, and civil or criminal consequences for breaches. However, the text does not explicitly state the specific penalties or consequences for breaching the regulations. The Power Alcohol Bounty Act 1926 or these Regulations may provide for pecuniary punishments or other sanctions, which would apply to both the principal and the agent in cases where an agent makes a declaration without proper authority or in contravention of the Act or these Regulations. It is essential to consult the primary Act and any relevant case law or legal commentary to fully understand the potential penalties and consequences for breaches of these regulations.