Raw Cotton Bounty Regulations

RAW COTTON BOUNTY ACT.

RAW COTTON BOUNTY REGULATIONS.

Statutory Rules 1964, No. 31.(a)

Citation.

1. These Regulations may be cited as the Raw Cotton Bounty Regulations.

Definitions.

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

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

“the Act” means the Raw Cotton Bounty Act 1963.

Authorized agents.

3.—(1.) A processor may appoint a person to be his authorized agent for the purposes of executing on his behalf a notice, declaration or other document that the processor 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 processor, that notice, declaration or other document.

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

(3.) An appointment of an authorized agent shall—

(a) be in accordance with Form 1 in the Schedule to these Regulations; and

(b) be lodged with the Collector for the State in which the ginnery of the processor is situated.

Notice of intention to claim bounty.

4.—(1.) A person who intends to claim bounty in respect of raw cotton produced at premises other than premises that are deemed by virtue of sub-section (3.) of section 2 of the Act to be a ginnery for the purposes of the Act shall give notice of his intention to claim bounty to the Collector for the State in which the premises are, or are to be, situated within two months, or within such further period as the Collector allows, after—

(a) the date of commencement of these Regulations; or

(b) the earliest date on which he entered into a contract in respect of the construction of the premises or the purchase of equipment to be installed in the premises for use in the production of raw cotton,

whichever is the later date.

(2.) A notice under the last preceding sub-regulation shall be in accordance with Form 2 in the Schedule to these Regulations.

(a) Made under the Raw Cotton Bounty Act 1963 on 24 February, 1964; notified in the Commonwealth Gazette on 27 February, 1964.

Application for bounty.

5.—(1.) An application by a processor for bounty shall—

(a) relate only to raw cotton sold—

(i) during a period of three months that ended on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September or the thirty-first day of December; or

(ii) if the Collector for the State in which the processor’s ginnery is situated approves—during a period of twelve months that ended on the thirty-first day of December;

(b) be accompanied by documents that contain, in relation to each bale of raw cotton to which the application relates, particulars of—

(i) the serial number;

(ii) the year in which the cotton was placed in the bale;

(iii) the net weight of the cotton;

(iv) the grade and staple length of the cotton;

(v) the date of sale;

(vi) the name and address of the purchaser; and

(vii) the invoice number;

(c) be accompanied by a declaration by the processor; and

(d) be lodged with the Collector for the State in which the processor’s ginnery is situated within three months after the end of the period referred to in sub-paragraph (i) or (ii) of paragraph (a) of this sub-regulation (whichever is applicable) in which the raw cotton to which the application relates was sold, or within such further time as the Collector allows.

(2.) An application and an accompanying declaration referred to in the last preceding sub-regulation shall be in accordance with Form 3 in the Schedule to these Regulations.

Distribution of bounty by processor.

6.—(1.) A processor who has received an amount as bounty in respect of raw cotton shall, within fourteen days after receipt of the bounty or within such further time as the Comptroller-General allows, distribute the bounty in accordance with the next succeeding sub-regulation to the growers of the seed cotton from which the raw cotton was produced.

(2.) For the purposes of the last preceding sub-regulation, the amount that a processor who has received an amount as bounty in respect of raw cotton is required to pay to a grower of seed cotton from which the raw cotton was produced is—

(a) an amount equal to the sum of the amounts ascertained by respectively multiplying the number of pounds of that raw cotton of each grade and staple length that was produced from seed cotton delivered by that grower to the processor’s ginnery by the rate of bounty applicable in respect of raw cotton of that grade and staple length; or

(b) if the amount received by the processor as bounty is, by virtue of section 8 of the Act, less than the amount that would, but for that section, have been received by him—an amount that bears to the amount determined in accordance with the last

preceding paragraph the same proportion as the amount received by him as bounty bears to the amount that would, but for that section, have been received by him as bounty.

(3.) Where a processor pays to a grower an amount that was received by the processor as bounty, the processor shall, when making the payment, inform the grower in writing that the amount of the payment is an amount that was received by the processor as bounty.

Raw cotton in respect of which bounty is payable.

7. Raw cotton of a grade set out in the first column of the following table and having a staple length set out in the second column of that table opposite to that grade is prescribed for the purposes of paragraph (a) of section 4 of the Act: —

Condition to be complied with in connexion with production of raw cotton at a ginnery.

8.—(1.) Each bale of raw cotton produced at a ginnery shall be allotted a serial number by the processor, and the serial number and the year in which the cotton was placed in the bale shall be marked on or affixed to the bale in a manner satisfactory to the Collector for the State in which the ginnery is situated.

(2.) A serial number so allotted shall not be changed.

THE SCHEDULE.

Form 1.

Commonwealth of Australia.  Regulation 3.

Raw Cotton Bounty Act 1963.

APPOINTMENT OF AUTHORIZED AGENT.

(a) Insert name and address of processor.

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

To the Collector of Customs

for the State of

 I,(a) , hereby appoint (b) , a specimen of whose signature appears below, to be my authorized agent for the purposes of executing on my behalf any notices, declarations or other documents that I am required to execute by, or for the purposes of, the Raw Cotton Bounty Act 1963 or the regulations made under that Act.

Dated at  this  day of , 19 .

(c) Signature of processor.

 (c)

(d) Signature and address of witness.

(d)

(e) Signature of agent.

(e)

Form 2.

Commonwealth of Australia.  Regulation 4.

Raw Cotton Bounty Act 1963.

NOTICE OF INTENTION TO CLAIM BOUNTY.

To the Collector of Customs

for the State of

(a) Insert name of processor or his authorised agent.

(b) Insert name of processor.

I,(a) , hereby give notice that (b) intends to claim bounty in respect of raw cotton sold for use in Australia, being raw cotton produced at premises

(c) Strike out whichever is not applicable.

(d) Insert address of place where premises are, or are to be, situated.

(e) Signature of processor or his authorized agent.

Dated at , this  day of , 19              .

(e)

Form 3.

Commonwealth of Australia.  Regulation 5.

Raw Cotton Bounty Act 1963.

APPLICATION FOR BOUNTY.

(a)Insertnameand address of processor.

(b) Insert address of ginnery.

To the Collector of Customs

for the State of

I, (a) , hereby make a claim for bounty under the Raw Cotton Bounty Act 1963 in respect of raw cotton processed at the ginnery situated at(b)              from seed cotton harvested in Australia and delivered to the ginnery on or after the first day of January, 1964, and sold in the

(c) Strike out whichever is not applicable.

The particulars of each bale of raw cotton to which this application relates are contained in the documents accompanying this application.

DECLARATION BY PROCESSOR OR HIS AUTHORIZED AGENT.

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

I, (d) , hereby declare—

1. That I am the (e) of the raw cotton specified in the foregoing application for bounty.

2. That the particulars set out in the foregoing application and in the documents accompanying that application are true and correct.

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

3. That the raw cotton specified in the foregoing application was of good and merchantable quality and was of a grade higher than the grade known as “strict good ordinary”.

(f) Signature of person declaring.

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 processor to bounty has been forfeited or taken away.

(g) Signature of witness.

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 raw cotton specified in the foregoing application.

(h) Address and occupation of witness.

Declared at , this  day of , 19    .

 (f)

(g)

(h)