Sulphuric Acid Bounty Regulations

Legislation au C1955L00004 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1954. No. 4

REGULATIONS UNDER THE SULPHURIC ACID BOUNTY ACT 1954.*

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 Sulphuric Acid Bounty Act 1954.

Dated this tenth

day of January  ,1954.

W.J. Slim

Governor-General.

By His Excellency's Command,

Minister of State for Trade and Customs.

Sulphuric Acid Bounty Regulations.

Citation.

1. These Regulations may be cited as the Sulphuric Acid Bounty Regulations.

Interpretation.

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

"authorized agent" means a person appointed in pursuance of regulation 6 of these Regulations to be an authorized agent for the purposes of these Regulations;

"quarter" means the period of three months which commences on the first day of July, the first day of October, the first day of January or the first day of April in each of the years to which the Act applies;

"the Act" means the Sulphuric Acid Bounty Act 1954;

"the landed cost per ton", in relation to crude brimstone imported into Australia in a quarter, means the amount ascertained by dividing the total cost of all crude brimstone imported into Australia in that quarter by the number of tons of crude brimstone so imported;

"total cost" means such amount as the Minister determines to be the sum in Australian currency of all costs (including insurance and external freight) incurred in the importation to the wharf at the port of importation of all crude brimstone imported into Australia.

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

* Notified in the Commonwealth Gazette on ,1954.

5337.—Price 3d. 9/23.11.1954.


Pyrites a prescribed material.

3. Pyrites is a prescribed material for the purposes of section 6 of the Act.

Rate of bounty.

4.—(1.) The rate of bounty on sulphuric acid produced in a quarter is the rate fixed by, or ascertained in accordance with, the succeeding provisions of this regulation.

(2.) Where the landed cost per ton of crude brimstone imported into Australia in a quarter is Twenty pounds ten shillings, the rate of bounty in respect of sulphuric acid of a strength of one hundred per centum produced in the quarter is Two pounds per ton.

(3.) Where the landed cost per ton of crude brimstone imported into Australia in a quarter exceeds Twenty pounds ten shillings, the rate of bounty in respect of sulphuric acid of a strength of one hundred per centum produced in the quarter is a rate per ton ascertained by deducting from an amount of Two pounds an amount of One shilling and nine pence for each amount of Five shillings or part of Five shillings by which the landed cost per ton exceeds Twenty pounds ten shillings.

(4.) Where the landed cost per ton of crude brimstone imported into Australia in a quarter is less than Twenty pounds ten shillings, the rate of bounty in respect of sulphuric acid of a strength of one hundred per centum produced in the quarter is—

(a) a rate per ton ascertained by adding to an amount of Two pounds an amount of One shilling and nine pence for each amount of Five shillings or part of Five shillings by which the landed cost per ton is less than Twenty pounds ten shillings; or

(b) a rate of Four pounds per ton,

whichever is the less.

(5.) The rate of bounty in respect of sulphuric acid of a strength of less than one hundred per centum produced in the quarter is a rate which bears to the rate fixed by, or ascertained in accordance with, the preceding provisions of this regulation in respect of sulphuric acid of a strength of one hundred per centum the same proportion as the strength of the first mentioned sulphuric acid produced bears to one hundred.

Circumstances in which bounty is not payable.

5. When the landed cost per ton of crude brimstone imported into Australia in a quarter is Twenty-five pounds ten shillings or exceeds Twenty-five pounds ten shillings, no bounty is payable in respect of sulphuric acid produced in that quarter.

Authorized agents.

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

(2.) An authorized agent may execute on behalf of the producer such a notice, declaration, certificate or document.

(3.) Where a notice, declaration, certificate or document has been executed by an authorized agent, the producer is subject to the same liabilities and penalties as if he had executed the notice, declaration, certificate or document.


(4.) The appointment of an authorized agent shall be in accordance with Form 1 and shall be—

(a) signed by the producer in the presence of a witness; and

(b) lodged by the producer with the Collector for the State in which the producer produces sulphuric acid.

Application for bounty.

7.—(1.) An application for bounty on sulphuric acid produced on or after the first day of July, 1954, and prior to the first day of January, 1955, shall be lodged with the Collector for the State in which the sulphuric acid was produced not earlier than the first day of February, 1955, and not later than the twenty-eighth day of February, 1955.

(2.) An application for bounty on sulphuric acid produced on or after the first day of January, 1955, shall be lodged with the Collector for the State in which the sulphuric acid was produced not earlier than one month and not later than two months after the expiration of the quarter in which the sulphuric acid was produced.

(3.) An application for bounty shall be accompanied by a declaration signed in the presence of a witness.

(4.) An application for bounty and the accompanying declaration shall be in accordance with Form 2.

THE SCHEDULE.

Regulation 6.

Form 1.

Commonwealth of Australia.

Sulphuric Acid Bounty Act 1954.

APPOINTMENT OF AUTHORIZED AGENT.

(a) Insert name and address of producer.  (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 hereunder, to be my authorized agent for the purposes of the Sulphuric Acid Bounty Act 1954 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 7.

Commonwealth of Australia.

Sulphuric Acid Bounty Act 1954.

APPLICATION FOR BOUNTY.

 (a) Insert name and address of producer.

To the Collector of Customs for the State of

I, (a) , hereby apply for bounty in respect of sulphuric acid produced in the factory situated at (b)              during the quarter ended              , 19              and sold for delivery in Australia or used by me in the production in Australia of fertilizers.

(b) Insert address of factory.

The particulars relating to the sulphuric acid covered by this application are as follows:—

Details of Sulphuric Acid so Produced and so Sold or Used.

Rate of Bounty.

Amount of Bounty Claimed.

Quantity in Tons.

Strength.

 

 

 

 

 

 

Total................................................

 

DECLARATION

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

I (c) hereby declare—

1. That I am the (d) of the sulphuric acid specified in the foregoing application for bounty.

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

2. That the sulphuric acid was produced in premises registered by the Minister for Trade and Customs as a factory under the Sulphuric Acid Bounty Act 1954.

3. That the particulars relating to the sulphuric acid set out in the foregoing application for bounty are true and correct in every particular.

4. That the whole of the sulphuric acid specified in the foregoing application for bounty is of good and merchantable quality.

5. That the whole of the sulphuric acid specified in the foregoing application for bounty was produced at the factory specified in the application from pyrites of Australian origin.

6. That the sulphuric acid specified in the foregoing application for bounty was—

(a) sold by the producer for delivery in Australia; or

(b) was used by the producer in the production in Australia of fertilizers.

7. 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 clone or omitted to be clone, whereby the right of the producer to bounty has been forfeited or taken away.

8. 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 sulphuric acid specified in the foregoing application, for bounty.

Declared at this day of , 19 .

(e) Signature of person declaring.

(e)

(f) Signature of witness.

(f)

(g) Occupation and address of witness.

(g)

Printed for the Government of the Commonwealth by A. J. Arthur

at the Government Printing Office, Canberra.

Overview

The Sulphuric Acid Bounty Act 1954 was enacted to address the need for incentives in the production of sulphuric acid in Australia. The Act provides financial incentives, or bounties, to producers of sulphuric acid to encourage production and support the fertiliser industry. Enacted by the Parliament of Australia, the Act aims to bolster the domestic fertiliser industry by making the production of sulphuric acid more economically viable. This was achieved through the establishment of a bounty system contingent on the cost of importing crude brimstone, a key input in sulphuric acid production. The Sulphuric Acid Bounty Regulations 1954 complement the Act by setting out the operational details of the bounty system, including the calculation of bounty rates based on the landed cost of crude brimstone and the procedures for applying for and receiving the bounty.

Scope and Application

The Sulphuric Acid Bounty Regulations made under the Sulphuric Acid Bounty Act 1954 apply to producers of sulphuric acid within Australia who produce sulphuric acid from crude brimstone imported into the country. The Act and its regulations are applicable on a national level across the Commonwealth of Australia. The regulations set forth the specific circumstances under which a bounty on sulphuric acid production is payable, as well as the rates at which such bounties are calculated based on the landed cost per ton of crude brimstone. The bounty rates are adjusted according to the cost of importing crude brimstone, with a cap at four pounds per ton for sulphuric acid of full strength and proportionally less for sulphuric acid of lower strength. Notably, no bounty is payable when the landed cost per ton of crude brimstone exceeds Twenty-five pounds ten shillings. The Act allows for the appointment of authorized agents to execute necessary notices, declarations, certificates, or documents on behalf of producers, with specific forms prescribed for such appointments and bounty applications. These regulations extend the application of the Act through subordinate instruments, detailing specific procedural and administrative aspects of bounty claims.

Key Provisions

The Sulphuric Acid Bounty Regulations, under the Sulphuric Acid Bounty Act 1954, establish a structured framework for the bounty system related to the production of sulphuric acid. The bounty rate is determined based on the landed cost per ton of crude brimstone imported into Australia in a quarter. Section 4 outlines that when the landed cost per ton of crude brimstone is Twenty pounds ten shillings, the bounty rate for one hundred per centum strength sulphuric acid is Two pounds per ton. Conversely, if the landed cost exceeds this amount, the bounty rate is calculated by deducting One shilling and nine pence for each Five shillings increment over Twenty pounds ten shillings from Two pounds. Should the landed cost be less than Twenty pounds ten shillings, the bounty rate is either calculated by adding One shilling and nine pence for each Five shillings decrement under Twenty pounds ten shillings to Two pounds, or it defaults to a rate of Four pounds per ton, whichever is less. Furthermore, sulphuric acid of a strength less than one hundred per centum has a bounty rate proportional to its strength compared to one hundred per centum sulphuric acid. Bounty is not payable when the landed cost per ton of crude brimstone is Twenty-five pounds ten shillings or exceeds this amount, as stipulated in section 5. The Regulations impose several obligations on producers and authorized agents. Producers must appoint an authorized agent to execute notices, declarations, certificates, or documents required by the Act or these Regulations, as stated in section 6. This authorized agent must follow strict procedures, including signing the appointment form in the presence of a witness and lodging it with the Collector for the State in which the sulphuric acid is produced. The application for bounty must adhere to the timelines and requirements set forth in section 7, such as being lodged within specific timeframes and being accompanied by a declaration signed in the presence of a witness. Both producers and authorized agents are held to the same liabilities and penalties if the required documents are not correctly executed or submitted. Failure to comply with the obligations and requirements set forth in these Regulations can result in civil or criminal consequences. For instance, any misrepresentation or omission in the declaration accompanying a bounty application could lead to forfeiture of the right to the bounty. There is no explicit mention of specific offences, penalties, or maximum penalties within the text of the Regulations. However, the serious nature of the declarations involved suggests that any breaches could potentially lead to legal action, including fines or other penalties as prescribed by law.

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