Wine Export Bounty Regulations 1940

STATUTORY RULES.

1940. No. 49.

––––––

REGULATIONS UNDER THE WINE EXPORT BOUNTY ACT 1939.*

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 Wine Export Bounty Act 1939.

Dated this twenty-ninth

day of February, 1940.

Governor-General.

By His Excellency’s Command,

for Minister of State for Trade and Customs.

Wine Export Bounty Regulations 1940.

Citation.

1. These Regulations may be cited as the Wine Export Bounty Regulations 1940.

Commencement.

2. These Regulations shall come into operation on the first day of March, 1940.

Definitions.

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

“authorized agent” means a person appointed in accordance with regulation 12 of these Regulations to be an authorized agent for the purposes of these Regulations;

“authorized person” means a person appointed in writing by the Minister to be an authorized person for the purposes of these Regulations;

“bounty” means bounty under the Act;

“Collector” means Collector of Customs for a State;

“officer” means an officer of Customs;

“the Act” means the Wine Export Bounty Act 1939.

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

Notice of intention to export and claim bounty.

4.—(1.) Every person who intends to claim bounty shall, unless the Minister otherwise directs, forward to the Collector at the port of export, at least seven days before shipment, a notice in accordance with Form A, and such samples of the fortified wine specified in the notice as the Collector requires.

(2.) In addition to the information supplied on Form A, the exporter shall supply such further information relating to the fortified wine as the Collector from time to time requires.

Contents of vessels.

5.—(1.) The contents of vessels containing fortified wine shall be ascertained by weighing and the specific gravity shall be taken by a Baume instrument graduated from 0 to 10 degrees and having each degree divided into ten parts.

* Notified in the Commonwealth Gazette on  February, 1940.

658.—7/30.1.1940.—Price 5d.

(2.) The following scale of weights in pounds for each degree and half degree of Baume shall be used:—

(3.) In determining the contents of vessels containing fortified wine, quantities shall be calculated to tenths of a gallon, parts of a gallon less than five-tenths shall be disregarded, and parts of a gallon from five-tenths to nine-tenths inclusive shall be regarded as half a gallon.

Claims for bounty.

6.—(1.) Claims for bounty shall be lodged with the Collector for the State from which the fortified wine is exported, and shall be in accordance with Form B.

(2.) The certificate required by section 9 of the Act to be supplied with a claim for bounty shall be in accordance with Form C.

Inspection of books of accounts. &c.

7. When a notice of intention to claim bounty has been given in accordance with these Regulations, the exporter giving the notice shall—

(a) allow any authorized person to have access at all reasonable times to his premises for the purpose of inspecting accounts books and documents in his possession or control relating to grapes or to fortifying spirit purchased;

(b) provide, when requested by an authorized person so to do, all reasonable facilities and assistance necessary to enable the authorized person to inspect and audit all books of account kept by him in accordance with the Act and all documents in his possession or control relating to grapes or to fortifying spirit purchased; and

(c) produce such books and accounts and the documents relating to entries therein for examination and audit by any authorized person when required by him so to do.

Power of authorized person.

8. Any authorized person may, at all reasonable times, enter upon any premises where there is stored any fortified wine in respect of which notice of intention to export and claim bounty has been given, and may inspect the fortified wine and all books of account and documents of the exporter for the purposes of examination and audit, and may, upon inspection or audit, make and take away extracts from those books of account and documents.

Purchase of wine and fortifying spirit.

9. Where a person buys fortified wine, fortifying spirit, or wine for distillation, and intends to claim bounty in respect of that fortified wine, or of fortified wine containing that fortifying spirit, or containing fortifying spirit distilled from wine bought for distillation, he shall forthwith supply to the Collector—

(a) a statement (in triplicate) in accordance with Form D;

(b) where the contract for the purchase of that fortified wine, fortifying spirit, or wine for distillation is contained in a formal contract or agreement in writing—a copy of the contract or agreement; and

(c) where the contract for the purchase of that fortified wine, fortifying spirit, or wine for distillation is contained (in whole or in part) in correspondence passing between the parties—a copy of that correspondence.

Collector may require particulars of wine purchased during preceding two years.

10. Where a claim for bounty is lodged, the Collector may require the exporter to furnish full particulars of all wine purchased by him during the two years immediately preceding the date of exportation of the fortified wine in respect of which bounty is claimed.

Charge for officer’s services.

11. Every claimant who requests the services of an officer shall pay to the Collector for each hour or part thereof during which the officer is employed a charge at the rate of Three shillings and sixpence per hour where the officer is employed during the working hours and on the working days prescribed by the Excise Regulations 1925, and at the rate of Four shillings and sixpence per hour where the officer is not so employed.

Appointment of authorized agent.

12. A person may appoint, in accordance with Form E, an authorized agent to execute on his behalf any declarations, certificates or other documents required for the purposes of the Act or these Regulations.

Execution of documents by authorized agents.

13. An authorized agent may execute on behalf of his principal any declaration, certificate or other document required under the Act or these Regulations in relation to any claim for bounty by the principal, and any declaration, certificate or document so executed shall be as effective as if it were executed by the principal.

Prescribed time under section 11 (1.) of Act.

14. The prescribed date referred to in paragraph (a) of sub-section (1.) of section 11 of the Act (not later than which the grower must receive, in cash, payment in full for any grapes used in the production of wine, or in the production of fortifying spirit contained in wine, in respect of which bounty is claimed) shall be the thirtieth day of June next following the date of the delivery of those grapes.

Return of grapes grown by wine-maker.

15. Every person who processes grapes produced in areas which are owned by him or are under his control and are worked wholly on his own account and claims bounty in respect of the fortified wine produced from those grapes shall supply with his claim for bounty a return in accordance with Form F.

Return of grapes grown by share-growers.

16. Every person who processes grapes and claims bounty in respect of fortified wine produced from those grapes, shall, if those grapes were not—

(a) purchased and paid for in cash, or purchased and to be paid for in cash, in full at prices not less than the minimum prices fixed by the Minister under section 14 of the Act; or

(b) produced on areas which are owned by him or are under his control and are worked wholly on his own account,

supply with his claim for bounty a return in accordance with Form G.

Weighing of casks.

17. All casks containing wine upon which it is intended to claim bounty shall be weighed—tare and gross—by the exporter or his representative in the presence of an officer.

Cart-notes.

18.—(1.) Every person shall, at all times when grapes are being received by him for the production of wine in respect of which he intends to claim bounty, or for the production of fortifying spirit which he intends to add to wine in respect of which he intends to claim bounty, allow the grower of the grapes or his representative to be present to witness—

(a) the weighing of the load;

(b) the taking of a sample of the must;

(c) the making of the Baume test; and

(d) the taring of the empty vehicle after unloading,

and shall prepare a cart-note (in duplicate) in respect of each load of grapes so received specifying—

(e) that the grapes are for use in the production of wine in respect of which he intends to claim bounty, or for the production of fortifying spirit which he intends to add to wine in respect of which he intends to claim bounty;

(f) the variety of the grapes;

(g) the weight of the load (gross and net); and.

(h) the Baume of the grapes (in figures),

and shall hand one copy of the cart-note to the grower or his representative and shall retain the other copy.

(2.) The Baume test shall be made in a manner approved by the Collector.

(3.) Each cart-note prepared in pursuance of this regulation shall also have printed or stamped thereon the words “Weight and Baume correct” and each grower delivering grapes, or his representative, shall be required by the person to whom the grapes are delivered to sign both copies of the cart-note.

Offences.

19. Any person who commits a breach of, or fails to comply with, any of the provisions of these Regulations shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for three months.

THE SCHEDULE.

Form A.           Reg. 4.

Commonwealth of Australia.

Wine Export Bounty Act 1939.

NOTICE OF INTENTION TO EXPORT FORTIFIED WINE.

State of

To the Collector of Customs,         

I hereby give notice that I intend to export and claim bounty on fortified wine, particulars of which are set out hereunder:—

Dated this    day of     , 194  .

.............................*

[

* Signature of intending exporter. If the notice is signed by an authorized agent, insert name of intending exporter and add “per              Authorized Agent”.

Form B.          Reg. 6 (1.).

Commonwealth of Australia.

Wine Export Bounty Act 1939.

CLAIM FOR BOUNTY.

(a) Insert full name and address.

(b) Here insert date of first day of period during which fortified wine in respect of which claim is made was exported.

(c) Here insert date of last day of period during which fortified wine in respect of which claim is made was exported.

No. 

Dr. to (a)

Financial year    194 .   State of    

Pursuant to notice forwarded on the , 194 , I hereby claim bounty in respect of fortified wine exported by me on and after the (b)                             and up to the (c)                             . The particulars relating to the fortified wine are as follows:—

Particulars.

Total   pounds    shillings and     pence.

.............................†

* Section 7 of the Act provides that if it appears to the Minister that in any financial year there will not be sufficient money available to pay full bounty in respect of all claims for that year, the rate of bounty payable will be reduced proportionately and the bounty may be paid by progress payments as determined by the Minister.

† Signature of claimant. If the claim is signed by an Authorized Agent, insert name of claimant, and add “per              Authorized Agent”.

CERTIFICATE BY CLAIMANT.

[To be placed on back of form.]

I,     , of       hereby certify as follows:—

(1) I am the exporter of the fortified wine specified in the foregoing claim for bounty.

(2) The description of the fortified wine and the particulars relating thereto, set out in the claim for bounty, are true and correct in every respect.

(3) The wine—

(a) is Australian wine produced from grapes from areas planted with vines on or before the thirty-first day of March, 1928, or from an irrigation area planted with vines with the assistance of the Government of a State before the fifth day of June, 1930;

(b) is the fermented juice of fresh grapes and has been fortified so as to contain not less than thirty-four per centum of proof spirit; and

(c) is sound.

(4) 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 my right to bounty in respect of the fortified wine has been forfeited or taken away.

(5) No other claim for bounty has been made nor has any bounty been paid in respect of the fortified wine.

(6) The fortified wine does not include any wine or fortifying spirit purchased by me after the twenty-ninth day of February, 1940, particulars of which have not been supplied to the Collector in accordance with Form D.

Dated this     day of      , 194  .

.........................*

* Signature of claimant. If the certificate is signed by an Authorized Agent, insert name of claimant, and add “per..............Authorized Agent”.

FORM C.           Reg. 6 (2.).

Commonwealth of Australia.

Wine Export Bounty Act 1939.

CERTIFICATE UNDER SECTION 9 OF THE ACT.

I,      , of      , hereby certify that the following is a true and correct statement of the quantity of fresh and dried grapes and fortifying spirit purchased by me from each supplier thereof during the two years immediately preceding the date of exportation of the wine in respect of which a claim for bounty is supplied herewith, the name of each supplier, and the amount paid to each supplier for the grapes and fortifying spirit:—

Grapes.

Fortifying Spirit.

Dated this      day of      , 194   .

.........................*

* Signature of claimant. If the certificate is signed by an Authorized Agent, insert name of claimant and add “per.............Authorized Agent”.

FORM D.          Reg. 9.

Commonwealth of Australia.

Wine Export Bounty Act 1939.

I,      , of      , certify that the following is a true and correct statement regarding wine and/or fortifying spirit purchased by me and in connexion with which I intend to claim bounty:—

Fortifying Spirit.

Wine.

I attach hereto three copies of the contract entered into with the supplier.

Dated the     day of     , 194   .

* Signature of claimant. If the certificate is signed by an Authorized Agent, insert name of claimant and add “per              Authorized Agent”.

form e.          Reg. 12.

Commonwealth of Australia.

Wine Export Bounty Act 1939.

APPOINTMENT OF AUTHORIZED AGENT.

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

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

I/We (a)    hereby nominate, constitute and appoint (b)    to be my/our agent for the purposes of the Wine Export Bounty Act 1939 and the Regulations thereunder, and to sign on my/our behalf any declarations, certificates or documents required for the purposes of the said Act and Regulations.

Dated this  day of      , 194   .

(c) Signature of principal or seal of the Company or Co-operative Society, as the case may be.

(d) Signature and address of witness.

(e) Signature of person authorized.

(c).....................

(d)............................

  ............................

(e).............................

Form F.          Reg. 15.

Commonwealth of Australia.

Wine Export Bounty Act 1939.

RETURN OF GRAPES GROWN BY WINEMAKER.

I,      , hereby certify that the following is a true and correct statement of the fresh and dried grapes produced wholly by                                           and processed at                             during the                                           months ended on               , 194  .

.............................Signature.

Date   194   .

Form G.           Reg. 16.

Commonwealth of Australia.

Wine Export Bounty Act 1939.

RETURN OF GRAPES GROWN BY SHARE-GROWER.

I,     , of      , hereby certify that the following is a true and correct statement of the fresh and dried grapes which were not (a) purchased and paid for in cash, or purchased and to be paid for in cash, in full at prices not less than the minimum prices fixed by the Minister under section 14 of the Act; or (b) produced on areas which are owned by me or are under my control and are worked wholly on my own account and were processed by                                                                       at                                                                       during the months ended on                                           , 194    :—

.......................Signature.

Date   , 194 .

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.