Wire Netting Bounty Regulations (Amendment)

Legislation au C1940L00022 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 22.

––––––

REGULATIONS UNDER THE WIRE NETTING BOUNTY ACTS 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 Wire Netting Bounty Acts 1939.

Dated this Thirty First Day of January, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

———

Amendments of the Wire Netting Bounty Regulations.

1. After regulation 8 of the Wire Netting Bounty Regulations the following regulation is added:—

Return for Parliament.

“9. The return referred to in section 21 of the Act shall, in addition to setting forth the particulars specified in paragraphs (a) and (b) of sub-section (2.) of that section, set forth—

(a) whether each manufacturer in a locality in which standard rates of wages or conditions of employment have been prescribed or declared in pursuance of section 9a of the Act who has been paid bounty has observed, in respect of the persons employed by him in the manufacture of wire netting in respect of the production of which the bounty was paid, rates of wages and conditions of employment not less favorable to the persons so employed than the rates and conditions so prescribed or declared; and

(b) where the rates or conditions so prescribed or declared have not been observed, the extent to which non-observance has occurred, the amount of bounty (if any) withheld for that reason, and what action (if any) has been taken by the manufacturer to compensate the persons so employed in respect of his failure to observe those rates and conditions.”.

 

* Notified in the Commonwealth Gazette on      , 1940.

† Statutory Rules 1939, No. 125.

22.—6/19.1.1940.—Price 3d.


Forms 3.

2. Form 3 in the Schedule to the Wire Netting Bounty Regulations is repealed and the following Form inserted in its stead:—

“Reg. 6.           Form 3.

Commonwealth of Australia.

Wire Netting Bounty Acts 1939.

APPLICATION FOR BOUNTY.

Note. —This form, when filled in, should be forwarded to the Collector of Customs.

(a) Insert name and address of manufacturer.

(a)           

hereby applies for bounty in respect of the wire netting described hereunder, the production of which was completed by that manufacturer in the factory situated at                                           during the month (s) of                                                                                    ,19  .

Quantity of wire netting.

Rate of bounty per ton.

Amount of bounty claimed.

tons.

£

s.

d.

 

£

s.

d.

 

 

Total.......

 

Total (in words)

pounds

shillings

pence.

Statutory Declaration.

(b) Insert full name, address and occupation of declarant.

I, (b)           do solemnly and sincerely declare as follows:—

(c) Insert ‘‘manufacturer” or “authorized agent of the manufacturer”, whichever is applicable.

(1) I am the (c) of the wire netting specified in the foregoing application for bounty.

(2) The wire netting was produced in premises appointed by the Minister of State for Trade and Customs as a factory for the purposes of the Wire Netting Bounty Acts 1939.

(3) The description of the wire netting, and all the particulars relating thereto, set out in the foregoing application for bounty, are true and correct in every particular.

(4) The wire netting was produced exclusively from Australian materials.

(5) The wire netting was produced for sale for use in the Commonwealth.

(6) The wire netting is of good and merchantable quality.

(d) This paragraph should be omitted if no rates and conditions have been prescribed or declared in the locality in which the wire netting was manufactured.

(7) (d) The rates of wages and conditions of employment observed by the manufacturer in respect of the persons employed in the production of the wire netting were not less favorable to the persons so employed than the rates and conditions prescribed or declared in pursuance of section 9a of the Wire Netting Bounty Acts 1939.

(8) 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 manufacturer to bounty in respect of the wire netting has been forfeited or taken away.

(9) 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 wire netting.

 

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

(e) Signature of declarant.

(e)

Declared at    this   day of    , 19

Before me—

(f) Signature of person before whom the declaration is made.

(g) Insert title of person before whom declaration is made.

(f)

(g)

Note. —Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

This declaration may be made before a Police, Stipendiary or Special Magistrate; Justice of the Peace; Commissioner for Affidavits; Commissioner for Declarations; or a Notary Public.”.

 

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

Overview

The Wire Netting Bounty Acts 1939, enacted by the Australian Parliament, aimed to provide financial support to wire netting manufacturers in the form of bounties, thereby encouraging the production of wire netting using Australian materials for domestic use. The Wire Netting Bounty Regulations 1940, made under the authority of the Governor-General in accordance with the advice of the Federal Executive Council, were designed to ensure compliance with the bounty scheme and to address issues such as adherence to prescribed rates of wages and conditions of employment in the manufacturing process. The policy objective was to regulate the bounty process, ensuring it was administered fairly and effectively, with a particular focus on maintaining fair labour practices within the industry.

Scope and Application

The Wire Netting Bounty Regulations 1940, made under the Wire Netting Bounty Acts 1939, apply to manufacturers of wire netting within the Commonwealth of Australia who seek to claim a bounty for the production of wire netting. These regulations set out the process for applying for a bounty and the requirements that must be met to be eligible for such a bounty, including the need for the wire netting to be produced exclusively from Australian materials and for sale within the Commonwealth. The regulations also include a requirement for manufacturers to adhere to prescribed rates of wages and conditions of employment for workers involved in the production of the wire netting. In cases where such rates and conditions are not observed, the manufacturer may be subject to withholding of the bounty and may be required to take action to compensate affected workers. The regulations extend to all manufacturers within the Commonwealth and include provisions for the submission of a statutory declaration as part of the bounty application process, with the penalty of imprisonment for making false statements. These regulations are designed to ensure that bounties are awarded fairly and in accordance with the conditions specified in the Acts.

Key Provisions

The Wire Netting Bounty Acts 1939, as amended by the Statutory Rules 1940, No. 22, provide specific requirements for manufacturers seeking a bounty for the production of wire netting. Regulation 9 (section 1) mandates that the return for Parliament must include details regarding whether the manufacturer has adhered to the prescribed or declared rates of wages and conditions of employment for the locality, as per section 9a of the Act. If these rates and conditions have not been observed, the extent of non-observance, any bounty withheld, and actions taken to compensate employees must also be specified. Manufacturers are required to complete and submit Form 3 (section 3) to the Collector of Customs, detailing the name and address of the manufacturer, the description of the wire netting, the quantity produced, and the rate and amount of bounty claimed. The statutory declaration must affirm that the wire netting was produced in a factory appointed by the Minister of State for Trade and Customs, exclusively from Australian materials, for sale within the Commonwealth, and is of good quality. The declaration must also confirm compliance with the prescribed rates of wages and conditions of employment, if applicable, and that no other bounty applications have been made for the same wire netting. Failure to comply with the requirements outlined in the regulations can result in civil or criminal consequences. Section 1 of the Statutory Declarations Act 1911 stipulates that making a false statement in a statutory declaration is an indictable offence, carrying a maximum penalty of imprisonment for four years. This underscores the seriousness with which the law treats the submission of accurate and truthful information in the bounty application process.

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