WOOL PRODUCTS BOUNTY.
No. 55 of 1950.
An Act to provide for the payment of Bounty on the Production of certain Wool Products.
[Assented to 14th December, 1950.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title.
1. This Act may be cited as the Wool Products Bounty Act 1950.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act, unless the contrary intention appears—
“authorized person”, in relation to any provision of this Act, means a person appointed by the Secretary in writing to be an authorized person for the purposes of that provision;
“bounty” means bounty under this Act;
“the Secretary” means the Secretary to the Department of Commerce and Agriculture;
“the Table of Subsidy Limits” means the table known as the “Table of Subsidy Limits”, prepared by the Australian Wool Realization Commission and approved by the Minister, and includes that table as altered from time to time by the Australian Wool Realization Commission with the approval of the Minister;
“wool” means sheep’s wool or lambs’ wool;
“wool products” means wool tops, wool noils, woollen yarn and wool felt derived from wool, and includes wool waste resulting from the manufacture of wool products.
Appropriation.
4. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the bounty specified in this Act.
Specification of bounty.
5.—(1.) Subject to this Act, bounty is payable in respect of wool products produced in Australia after the twenty-ninth day of November, One thousand nine hundred and fifty, and not later than the prescribed date, being wool products derived from wool which—
(a) has been appraised by the Australian Wool Realization Commission not later than the thirtieth day of June, One thousand nine hundred and fifty-one; and
(b) is of a type or types included in the Table of Subsidy Limits.
(2.) Bounty is not payable in respect of wool products derived—
(a) from wool (other than imported wool) which, before the twenty-eighth day of August, One thousand nine hundred and fifty, was—
(i) sold by a broker at auction or otherwise;
(ii) purchased by the producer of those wool products; or
(iii) subjected by the producer of that wool to a process of manufacture (including scouring or carbonizing);
(b) from wool imported into Australia before the twenty-eighth day of August, One thousand nine hundred and fifty, or after the thirtieth day of June, One thousand nine hundred and fifty-one; or
(c) from other wool products in respect of which bounty has been paid or is payable.
(3.) Bounty is not payable in respect of wool products in respect of which, or wool products derived from other wool products in respect of which, a payment has been made out of moneys appropriated by the Parliament for the purpose of a subsidy on woollen goods for home consumption.
Bounty to be payable to producer.
6. Bounty is payable to the producer of the wool products.
Amount of bounty.
7.—(1.) The bounty payable in respect of wool products is the sum of the amounts ascertained by multiplying the quantity, as estimated by the Australian Wool Realization Commission, of clean wool of each type from which the wool products were derived by the rate specified in the Table of Subsidy Limits for wool of that type.
(2.) Where an alteration is made to the Table of Subsidy Limits by the Australian Wool Realization Commission and approved by the Minister, the Table of Subsidy Limits as so altered shall apply for the purpose of ascertaining the bounty payable in respect of wool products derived from wool which is—
(a) purchased by the producer of those wool products; or
(b) subjected by the producer of that wool to a process of manufacture (including scouring or carbonizing),
after the date of the alteration.
Stock-taking and inspection of production.
8.—(1.) An authorized person may, at all reasonable times, enter upon any factory or premises where wool products in respect of which bounty has been paid or claimed are produced or stored and may—
(a) inspect or take stock of wool or wool products in the factory or upon the premises;
(b) take samples of that wool or of those wool products;
(c) inspect the processes of production of wool products; and
(d) inspect the accounts, books and documents relating to the production of wool products.
(2.) The producer and the owner or occupier of the factory or premises shall provide the authorized person with all reasonable facilities and assistance to enable him to exercise his powers under the last preceding sub-section.
Penalty (for any contravention of this sub-section): One hundred pounds.
Power to require persons to answer questions and produce documents.
9.—(1.) The Secretary or an authorized person may, by notice in writing served on a person whom he believes to be capable of giving information in relation to the production of wool products in respect of which bounty has been claimed or paid, require that person to attend before him at the time and place named in the notice and then and there to answer questions and to produce to him such accounts, books and documents in relation to the production of those wool products as the Secretary or authorized person thinks necessary.
(2.) The Secretary or an authorized person to whom any accounts, books or documents are produced in pursuance of this section may make and take away copies of, or extracts from, those accounts, books or documents.
(3.) A person shall not be excused from answering any question or producing any accounts, books or documents when required to do so under this section on the ground that the answer to the question or the production of the accounts, books or documents might tend to incriminate him or make him liable to a penalty but his answer shall not be admissible in evidence against him in any civil or criminal proceedings other than proceedings for an offence against this Act.
Power to examine on oath.
10.—(1.) The Secretary or authorized person may administer an oath to a person required to attend before him in pursuance of the last preceding section and may examine that person upon oath.
(2.) Where a person required to attend before the Secretary or an authorized person in pursuance of the last preceding section conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him.
(3.) An affirmation so made shall be of the same force and effect, and shall entail the same penalties, as an oath.
Refusal to answer questions.
11. A person shall not refuse or fail—
(a) to attend before the Secretary or an authorized person;
(b) to be sworn or to make an affirmation; or
(c) to answer questions or produce accounts, books or documents, when so required in pursuance of section nine of this Act.
Penalty: One hundred pounds.
Offences.
12.—(1.) A person shall not—
(a) obtain bounty which is not payable;
(b) obtain payment of bounty by means of a false or misleading statement; or
(c) present to an officer or other person doing duty in relation to this Act or the regulations any accounts, or a book or document, or make a statement to such an officer or person, which is false in a particular.
Penalty: One thousand pounds or imprisonment for six months.
(2.) Where a person is convicted of an offence against the last preceding sub-section a court may, in addition to imposing a penalty under that sub-section, order the person to refund to the Commonwealth any amount of bounty wrongfully obtained.
Return for Parliament.
13. A report upon the working of this Act, and a return setting forth—
(a) the amount of bounty paid under this Act; and
(b) such other particulars (if any) as are prescribed,
shall be prepared, not later than the thirty-first day of December in each year, and shall be laid before each House of the Parliament within fifteen sitting days of that House after the preparation of the report.
Regulations.
14. The Governor-General may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing—
(a) the form in which applications for bounty shall be made;
(b) the conditions to be observed by producers in respect of giving notice of their intention to claim bounty and the time or times within which applications for bounty shall be made;
(c) matters for or in relation to the making and re-payment of advances of bounty; and
(d) penalties not exceeding One hundred pounds for offences against the regulations.