4Interpretation

#### 4 Interpretation (1) In this Act, unless the contrary intention appears: > accounting period, in relation to a producer, has the meaning given by section 14. > advance means an advance on account of bounty under section 20. > advanced material means engineering ceramics, engineering composites or engineering polymers. > approved form means a form approved by the CEO in writing. > authorised officer means a person who is an authorised officer for the purposes of this Act by virtue of an appointment under section 31. > bountiable computer controller means a computer controller that: (a) is designed for use solely or principally for the control of: (i) a computer controlled machine; (ii) a robotic machine; or (iii) a flexible manufacturing system; (b) if it were imported into Australia, would be goods to which heading 8537 or 9032 in Schedule 3 to the Tariff Act would apply; and (c) if it were imported into Australia and were not goods the manufacture of a Preference Country or goods to which Schedule 4 of the Tariff Act applied, would be goods the duty of Customs in respect of which ascertained in accordance with Part II of the Tariff Act would be so ascertained by reference to a rate of duty that does not exceed 2%. > bountiable equipment means: (a) bountiable equipment A; or (b) bountiable equipment B. > bountiable equipment A means: (a) bountiable equipment AA; or (b) bountiable equipment AB. > bountiable equipment AA means: (a) a computer controlled machine; or (b) a numerically controlled machine; or (c) bountiable goods AA; or (d) a robotic machine; or (e) goods designed for use solely or principally as a part, or an accessory, for a robotic machine; or (f) a flexible manufacturing system; or (g) a bountiable computer controller; or (h) a machine included in a class of machines in respect of which a declaration under subsection 6(1) is in force; or (j) a part or component included in a class of parts or components in respect of which a declaration under subsection 6(2) is in force; or (k) goods: (i) to which heading 8466 in Schedule 3 to the Tariff Act would apply if the goods were imported into Australia; and (ii) that are designed for use solely or principally as a part for a computer controlled laser cutting machine or for a computer controlled plasma arc cutting machine; but does not include exempt goods. > bountiable equipment AB means: (a) an independent machine; or (b) bountiable goods AB. > bountiable equipment B means: (a) a computer controlled machine; (b) a numerically controlled machine; (c) a robotic machine; (d) an independent machine; (e) system equipment; or (f) a machine included in a class of machines in respect of which a declaration under subsection 6(3) is in force; but does not include equipment (whether imported into Australia or otherwise) that has not been used in Australia in the commercial production of goods. > bountiable goods AA means goods that: (a) are designed for use solely or principally as a part for a computer controlled machine; and (b) if they were imported into Australia, would be goods to which heading 8468, 8479 or 8515 in Schedule 3 to the Tariff Act would apply. > bountiable goods AB means goods that: (a) are designed for use solely or principally as a part, or an accessory, for: (i) a computer controlled machine; (ii) a numerically controlled machine; (iii) a robotic machine; or (iv) an independent machine; and (b) if they were imported into Australia, would be goods to which Item 48 in Part III of Schedule 4 to the Tariff Act would apply. > bounty means bounty under this Act. > bounty period means the period commencing on 1 July 1985 and ending on the terminating day. > CEO means the Chief Executive Officer of Customs. > Collector has the same meaning as in the Customs Act 1901. > computer controlled machine means a completely assembled power fed machine that is controlled by an integrated computer controller, is designed to operate independently of human control when the computer controller that controls it is programmed and: (a) is designed solely or principally for the working of metal and, if it were imported into Australia, would be goods to which heading 8456, 8457, 8458, 8459, 8460, 8461, 8462, 8463, 8468, 8479 or 8515 in Schedule 3 to the Tariff Act would apply; or (b) is designed solely or principally for the working of advanced materials and, if it were imported into Australia: (i) would be goods to which heading 8464 or 8465 in Schedule 3 to the Tariff Act would apply; and (ii) would be goods to which Schedule 4 of the Tariff Act would apply. > computer controller means a completely assembled unit that incorporates at least one electronic microcircuit, being a microcircuit that: (a) is part of the microcircuitry of the unit, being microcircuitry than enables the unit: (i) to store and process, or manipulate, data; (ii) when programmed, to automatically control the operation of a machine independently of human control; (iii) to wholly or substantially control the operation and movement of a machine by the use of a numeric‑servo closed loop; and (iv) to be re‑programmable in respect of the unit’s control of a machine; and (b) if it were imported into Australia, would be goods to which heading 8542 in Schedule 3 to the Tariff Act would apply. > equipment includes: (a) a machine; (b) a manufacturing system; (c) computer hardware; and (d) software. > exempt goods means goods that are: (a) an industrial electric furnace; (b) a laboratory electric furnace; (c) an oven; (d) induction or dielectric heating equipment; or (e) a part for goods referred to in paragraph (a), (b), (c) or (d); being goods that, if they were imported into Australia, would be goods to which heading 8515 in Schedule 3 to the Tariff Act would apply. > flexible manufacturing system means a system that: (a) consists of power fed conveying and assembly equipment (which may be equipment that includes a robotic machine) controlled by an integrated computer controller; and (b) is designed to systematically transfer or arrange materials or components, being materials or components that consist wholly or mainly of metal or advanced materials, for continuous sequential processing by 2 or more system machines. > independent machine means a completely assembled power operated or power fed machine that: (a) is designed for use solely or principally for the working of metal; and (b) if it were imported into Australia, would be a machine to which heading 8456, 8457, 8458, 8459, 8460, 8461, 8462, 8463 or 8479 in Schedule 3 to the Tariff Act would apply; not being a computer controlled machine or a numerically controlled machine. > machine work station does not include: (a) a computer controlled machine; (b) a numerically controlled machine; or (c) an independent machine. > manufacturer, in relation to bountiable equipment A, means: (a) a person who, at premises registered under section 28 in the name of the person, carried out a substantial process or substantial processes in the manufacture of the equipment (whether as the intended supplier of the equipment, a contractor, a sub‑contractor or otherwise), not being a person whose only contribution to the manufacture of the equipment was the provision of a production service; or (b) a person who engaged another manufacturer of the equipment for the carrying out at registered premises by the other manufacturer of a substantial process or substantial processes in the manufacture of the equipment. > metal means metal in its solid state. > modification, in relation to bountiable equipment B, means: (a) a conversion of the equipment that, in the opinion of the Minister, will substantially improve the designed capability of the equipment; or (b) the conversion of the equipment from equipment that is not designed to form part of a flexible manufacturing cell or system into equipment intended to form part of such a cell or system; but does not include: (c) the conversion of the equipment in the course of the normal manufacture of the equipment; or (d) retrofit manufacture of, or involving the equipment. > modifier, in relation to bountiable equipment B, means: (a) a person who, at premises registered under section 28 in the name of the person, carried out a substantial process or substantial processes in the modification of the equipment (whether as the intended supplier of the equipment when modified, a contractor, a sub‑contractor or otherwise), not being a person whose only contribution to the modification of the equipment was the provision of a production service; or (b) a person who engaged another modifier of the equipment for the carrying out at registered premises by the other modifier of a substantial process or substantial processes in the modification of the equipment. > normal manufacture means manufacture other than retrofit manufacture. > numerically controlled machine means a completely assembled power fed machine that is controlled by an integrated numerical controller, is designed to operate independently of human control when the numerical controller that controls it is programmed and: (a) is designed solely or principally for the working of metal and, if it were imported into Australia, would be goods to which heading 8456, 8457, 8458, 8459, 8460, 8461, 8462 or 8463 in Schedule 3 to the Tariff Act would apply; or (b) is designed solely or principally for the working of advanced materials and, if it were imported into Australia: (i) it would be goods to which heading 8464 or 8465 in Schedule 3 to the Tariff Act would apply; and (ii) it would be goods to which Schedule 4 of the Tariff Act would apply. > Preference Country has the same meaning as in the Tariff Act. > producer means: (a) a manufacturer of bountiable equipment A; or (b) a modifier of bountiable equipment B. > production service includes: (a) the provision of, or a service relating to, software; (b) a service by way of design, system engineering, testing, research or development; (c) heat treatment; and (d) a service declared by the regulations to be a production service for the purposes of this Act. > registered premises means premises registered under section 28. > retrofit manufacture means: (a) the manufacture of a computer controlled machine by the conversion into such a machine of a numerically controlled machine or of an independent machine; or (b) the manufacture of bountiable equipment A included in a class of bountiable equipment A in respect of which a declaration under subsection 6(4) is in force by the conversion into such equipment of other equipment (whether or not bountiable equipment A). > robotic machine means a completely assembled power fed machine that: (a) is controlled by an integrated computer controller; and (b) consists of: (i) a structure with mechanical linkages and joints capable of handling objects by simultaneous movements in 2 or more axes; or (ii) a prescribed structure; and (c) is designed to operate independently of human control when the computer controller that controls it is programmed; and (d) utilises: (i) a system known as pick and place; (ii) a system known as playback (point to point); (iii) a system known as playback (continuous path); or (iv) a prescribed system; and (e) if it were imported into Australia, would be goods to which: (i) a heading in Chapter 84 or 85 in Schedule 3 to the Tariff Act; or (ii) a heading in Schedule 3 to the Tariff Act determined by the Minister by instrument in writing; would apply; not being: (f) an automatic guided vehicle; or (g) teleoperated equipment; or (h) a machine included in a class of machines in respect of which a declaration under subsection 6(5) is in force; or (i) lifting and handling machinery, known as a skip handling machine, to which subheading 8422.30.00 in Schedule 3 to the Tariff Act would apply if the machinery were imported into Australia. > system equipment means: (a) conveying equipment; (b) assembly equipment; (c) computer hardware; or (d) software. > system machine means: (a) a computer controlled machine; (b) a numerically controlled machine; (c) a robotic machine that is of a kind used for the working of metal or advanced materials; (d) an independent machine; or (e) a machine included in a class of machines in respect of which a declaration under subsection 6(6) is in force. > Tariff Act means the Customs Tariff Act 1995. > terminating day means 30 June 1997. > variable definition means a definition in this subsection of: (a) a kind or class of equipment; (b) a kind or class of goods, including metal; (c) a kind of process; or (d) a person who carries out a kind of process. > variable provision means subsection 4(6), 4(7), 10(1) or 11(1) or section 12 or 16. (1A) For greater certainty, and without, by implication, affecting the application of paragraph (c) of the definition of a variable definition in any other respect, the modification of bountiable equipment B is declared to be a kind of process within the meaning of that paragraph. (2) A reference in this Act to the production of bountiable equipment shall be read as a reference to the manufacture of bountiable equipment A or the modification of bountiable equipment B. (3) Where a declaration under subsection 6(7) in respect of a variable definition is in force, this Act has effect as if there were substituted for that definition the definition set out in the notice containing the declaration. (4) Where a declaration under subsection 7(1) in respect of a variable provision, or part of a variable provision, is in force, this Act has effect as if there were substituted for that provision, or that part of a provision, as the case may be, the provision, or part of a provision, as the case may be, set out in the notice containing the declaration. (5) Where the Tariff Act is proposed to be altered by a Customs Tariff alteration proposed in the Parliament in such a way that Schedule 3 to that Act would be amended, or would be deemed to have been amended, on a particular day, that Act shall, for the purposes of this Act, be deemed to have been so amended on that day. (6) For the purposes of this Act, the following shall be taken to form part of a flexible manufacturing system: (a) computer hardware, and software, used in the computer controller that controls the conveying and assembly equipment that forms part of the system; (b) a machine work station associated with the system. (7) For the purposes of this Act, where: (a) the manufacture of bountiable equipment A has been completed except for the connection of 2 or more components of the equipment; (b) the manufacture of each of those components was completed at registered premises; and (c) a manufacturer of the equipment intends to connect those components at a place other than registered premises; the manufacture of the equipment shall be deemed to have been completed on the last day on which the manufacture of a component of the equipment was completed. (8) For the purposes of this Act, where: (a) the modification of bountiable equipment B has been completed except for the connection of 2 or more components of the equipment; (b) the modification of each of those components that was modified was completed at registered premises; and (c) a modifier of the equipment intends to connect those components at a place other than registered premises; the modification of the equipment shall be deemed to have been completed on the last day on which the modification of a component of the equipment was completed. (9) For the purposes of this Act, the following shall not be taken to be a process in the modification of bountiable equipment B: (a) the re‑conditioning or repair of used parts or materials; (b) the supply of tooling. (10) For the purposes of this Act, 2 persons shall be deemed to be associates of each other if, and only if: (a) both being natural persons: (i) they are connected by a blood relationship or by marriage or by adoption; or (ii) one of them is an officer or director of a body corporate controlled, directly or indirectly, by the other; (b) both being bodies corporate: (i) both of them are controlled, directly or indirectly, by a third person (whether or not a body corporate); (ii) both of them together control, directly or indirectly, a third body corporate; or (iii) the same person (whether or not a body corporate) is in a position to cast, or control the casting of, 5% or more of the maximum number of votes that might be cast at a general meeting of each of them; (c) one of them, being a body corporate, is, directly or indirectly, controlled by the other (whether or not a body corporate); (d) one of them, being a natural person, is an employee, officer or director of the other (whether or not a body corporate); (e) they are members of the same partnership; or (f) they are trustees or beneficiaries, or one of them is a trustee and the other is a beneficiary, of the same trust.