Processed Milk Products Bounty Regulations

Legislation au C1962L00059 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1962. No. 59

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REGULATIONS UNDER THE PROCESSED MILK PRODUCTS BOUNTY ACT 1962.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Processed Milk Products Bounty Act 1962.

Dated this twenty-fourth day of July, 1962.

 

 

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

 

(Sgd.) C. F. ADERMANN

Minister of State for Primary Industry.

_________

 

PROCESSED MILK PRODUCTS BOUNTY REGULATIONS.

Citation.

1. These Regulations may be cited as the Processed Milk Products Bounty Regulations.

Interpretation.

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

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

“producer” means a producer of a processed milk product;

“the Act” means the Processed Milk Products Bounty Act 1962;

“the Secretary” means the Secretary to the Department of Primary Industry.

(2.) In these Regulations, a reference to a form by number shall be read as a reference to a form so numbered in the Schedule to these Regulations.

Authorized agents.

3.—(1.) A producer may appoint a person to be his authorized agent for the purposes of executing on his behalf a declaration or document which the producer is required to execute by, or for the purposes of, the Act or these Regulations and the authorized agent may execute, on behalf of the producer, that declaration or document.

(2.) Where a declaration or document referred to in the last preceding sub-regulation has been executed by the authorized agent of a producer the producer is subject to the same liabilities and penalties as if he had executed that declaration or document.

(3.) The appointment of an authorized agent shall be—

(a) in accordance with Form 1; and

(b) lodged with the Secretary.

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* Notified in the Commonwealth Gazette on 30th July, 1962.

5040/62.—PRICE 3D. 10/21.6.1962.


Application for bounty.

4.—(1.) An application for bounty in respect of a processed milk product shall be—

(a) lodged with the Secretary within twenty-eight days after the end of the month in which the processed milk product was exported; and

(b) accompanied by—

(i) a declaration by the producer of the processed milk product; and

(ii) a copy of the export entry made under section 114 of the Customs Act 1901-1960 in respect of the processed milk product.

(2.) An application and an accompanying declaration referred to in the last preceding sub-regulation shall be in accordance with Form 2.

Records to be kept.

5. A producer shall keep or cause to be kept from day to day—

(a) a record of the tests by which the number of pounds of butter fat in each processed milk product produced by him has been determined; and

(b) such other records as are necessary to enable him fully and completely to prepare an application for bounty in relation to each processed milk product exported by him.

Penalty: Fifty pounds.

Bounty not payable unless regulations complied with.

6 Bounty is not payable to a producer unless he has complied with the provisions of these Regulations.

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THE SCHEDULE.

FORM 1. Regulation 3.

COMMONWEALTH OF AUSTRALIA.

Processed Milk Products Bounty Act 1962.

APPOINTMENT OF AUTHORIZED AGENT.

To the Secretary, Department of Primary Industry.

(a) Insert name and address of producer.

I, (a) , hereby

(b) Insert name address and occupation of agent.

appoint (b) , a specimen of whose signature appears hereunder, to be my authorized agent for the purposes of the Processed Milk Products Bounty Act 1962 and the regulations made thereunder.

Dated at this day of

, 19

(c) Signature of producer.

 (c)

(d) Signature and address of witness.

 (d)

(e) Signature of agent.

 (e)


FORM 2.

Regulation 4.

COMMONWEALTH OF AUSTRALIA.

Processed Milk Products Bounty Act 1962.

APPLICATION FOR BOUNTY.

To the Secretary, Department of Primary Industry.

(a) Insert name and address of producer.

I, (a)  , hereby apply for bounty in respect of processed milk products exported during the month of                            , 19              .

The particulars relating to the processed milk products covered by this application are as follows:—

Export entry number.

Export ship.

Date of export.

Description of product.

Quantity.

Net weight per case or unit.

Total net weight.

Butter fat content.

Total butter fat content.

 

 

 

 

 

lb.

lb.

Per cent.

lb.

 

 

 

 

 

 

 

Total

 

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DECLARATION BY PRODUCER OR HIS AUTHORIZED AGENT.

(c) Insert name, address and” occupation of person declaring.

I, (c) , hereby declare—

1. That, for the purposes of the Processed Milk Products Bounty Act 1962, I am

(d) Insert “producer” or “authorized agent of the producer” whichever is applicable.

the (d) of the processed milk products specified in the foregoing application for bounty.

2. That the particulars relating to the processed milk products set out in the foregoing application for bounty are true and correct in every particular.

3. That the documents attached hereto are true copies of the export entries made under section 114 of the Customs Act 1901-1960 in respect of the processed milk products specified in the foregoing application for bounty.

4. That 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 producer to bounty has been forfeited or taken away.

5. That, 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 processed milk products.

Declared at   this day of                ,19              .

(e) Signature of person declaring.

 (e)

 (f) Signature of witness.

 (f)

 (g) Address and occupation of witness.

 (g)

_________________

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Processed Milk Products Bounty Regulations 1962 were introduced to provide regulatory detail for the administration of bounties on processed milk products under the Processed Milk Products Bounty Act 1962. Enacted by the Administrator of the Government of the Commonwealth of Australia with the advice of the Federal Executive Council, these regulations aim to facilitate the smooth operation of the bounty scheme by outlining procedures for applications, record-keeping, and the appointment of authorised agents. The regulations are designed to ensure that the bounties are accurately calculated and correctly administered, thereby supporting the policy objectives of the Act, which include encouraging the export of processed milk products and providing financial assistance to producers. The regulations provide a structured framework for producers to follow, ensuring compliance with the requirements necessary to claim the bounty.

Scope and Application

The Processed Milk Products Bounty Regulations, made under the Processed Milk Products Bounty Act 1962, govern the application and administration of bounties for processed milk products exported from Australia. These regulations apply to producers of processed milk products who are eligible to claim a bounty under the Act. The scope of the regulations includes the appointment of authorized agents by producers to execute necessary declarations and documents on their behalf, with producers remaining liable for any misstatements made by their agents. The regulations also detail the process for applying for a bounty, including the timely submission of applications and accompanying declarations and export entries to the Secretary of the Department of Primary Industry. Additionally, producers are required to maintain specific records to substantiate their bounty claims, failure to do so may result in a penalty of fifty pounds. The regulations underscore that bounty payments are contingent upon compliance with the outlined provisions. Although the regulations themselves do not explicitly extend or restrict their application through subordinate instruments, they establish a framework within which further regulations or amendments could be introduced to modify or expand upon the current provisions.

Key Provisions

The Processed Milk Products Bounty Regulations 1962 outline several key provisions that govern the bounty process for processed milk products exported from Australia. Section 3 permits producers to appoint an authorized agent to execute declarations or documents on their behalf, ensuring flexibility in the bounty application process. This authorized agent must be appointed in accordance with Form 1 and lodged with the Secretary. Section 4 specifies the requirements for submitting an application for bounty, which must be lodged with the Secretary within 28 days after the end of the month in which the processed milk product was exported. The application must be accompanied by a producer's declaration and a copy of the export entry made under section 114 of the Customs Act 1901-1960. These forms and declarations must be completed in accordance with Form 2, which outlines the details of the processed milk products and the export information. Producers have specific obligations under these regulations. According to section 5, producers are required to maintain detailed records of the tests conducted to determine the butter fat content in each processed milk product, as well as any other records necessary to prepare an accurate bounty application. These records must be kept up-to-date to ensure compliance with the bounty requirements. Failure to maintain these records can result in a penalty of fifty pounds, as stipulated in section 5. The regulations also establish clear consequences for non-compliance. According to section 6, bounty is not payable to a producer unless they have complied with the provisions of these regulations. This means that any producer who fails to adhere to the record-keeping requirements or misses the application deadline may be ineligible for the bounty. The specific penalties for non-compliance are not detailed in the provided text, but it is implied that failure to comply with the bounty regulations could result in significant financial and legal repercussions.

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