Stock-taking and inspection of production and accounts, &c.
Power to require persons to answer questions and produce documents
Power to examine on oath, &c.
Offences
Return for Parliament
Delegation
Application for review
Statement to accompany notice of decision
Appropriation
Regulations
TABLE OF PROVISIONS—continued
SCHEDULE 1
BOUNTIABLE PLATE
SCHEDULE 2
BOUNTIABLE SHEET
SCHEDULE 3
BOUNTIABLE TUBE
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Bounty (Steel Mill Products) Act 1983
No. 125 of 1983
An Act to provide for the payment of bounty on the production of certain steel products produced from certain steel mill products
[Assented to 21 December 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
This Act may be cited as the Bounty (Steel Mill Products) Act 1983.
Commencement
This Act shall come into operation on 1 January 1984
Interpretation
(1) In this Act, unless the contrary intention appears—
“approved form” means a form approved by the Comptroller-General by instrument in writing;
“authorized officer” means a person who is an authorized officer for the purposes of this Act by virtue of an appointment under section 17;
‘bountiable plate” means a product that—
(a) consists of prescribed steel;
(b) was produced by—
(i) heating, quenching and tempering prescribed plate in a plant known as a continuous roller quench heat treatment line; or
(ii) a process prescribed by the regulations for the purposes of this definition, being a process that was carried out in relation to a product prescribed by the regulations for those purposes in relation to that process; and
(c) is a solid that has—
(i) a rectangular cross-section; or
(ii) a cross-section that is of a kind prescribed by the regulations for the purposes of this definition;
‘bountiable product” means—
(a) bountiable plate;
(b) bountiable sheet; or
(c) bountiable tube;
‘bountiable sheet” means a product that—
(a) consists of prescribed steel;
(b) was produced by—
(i) cold-rolling and re-coiling prescribed strip in a plant known as a tandem rolling mill or in a plant known as a reverse rolling mill, being a cold-rolling that reduced the thickness of the prescribed strip by not less than 25%; or
(ii) a process prescribed by the regulations for the purposes of this definition, being a process that was carried out in relation to a product prescribed by the regulations for those purposes in relation to that process; and
(c) is a solid that has—
(i) a rectangular cross-section the width of which is not less than 600 mm; or
(ii) a cross-section that is of a kind prescribed by the regulations for the purposes of this definition;
‘bountiable tube” means a product—
(a) that consists of prescribed steel;
(b) that was produced—
(i) by—
(a) forming a prescribed plate; or
(b) spirally forming prescribed strip,
into a tubular product and welding the product so formed;
(ii) by hot forming prescribed strip into a tubular product, and welding the product so formed, in a plant known as a continuous weld mill;
(iii) by forming prescribed strip into a tubular product, and welding the product so formed, in a plant known as an electric resistance weld mill;
(iv) by forming a prescribed plated strip product into a double-walled, tubular product and brazing the product so formed in a furnace; or
(v) by a process prescribed by the regulations for the purposes of this definition, being a process that was carried out in relation to a product prescribed by the regulations for those purposes in relation to that process;
(c) in the case of a product that was produced by forming a prescribed plate into a tubular product and welding the product so formed—that is fully open at both ends, that has not been perforated and the length of which when so formed and welded was not less than 2.98 m;
(d) in the case of a product that was produced by spirally forming prescribed strip into a tubular product and welding the product so formed—that has not been perforated and the length of which when so formed and welded was not less than 2.98 m;
(e) in the case of a product produced from prescribed strip in a plant of a kind referred to in sub-paragraph (b) (ii) or (iii)—the length of which, when cut to size or first cut to size, as the case may be, in the plant, was not less than 3 times its outside diameter at its narrowest point; and
(f) in the case of a product that was produced by a process prescribed by the regulations for the purposes of this definition—that is of a kind prescribed by the regulations for the purposes of this definition;
“bounty” means bounty under this Act;
“Collector” has the same meaning as in the Customs Act 1901;
“Comptroller-General” means the Comptroller-General of Customs;
“continuous casting”, in relation to liquid metal from a furnace, means the casting of the metal by passing it through a water-cooled mould;
“descaling” means descaling by the process known as pickling;
“high alloy steel” means an alloy of steel (whether or not stainless steel) that contains, by mass—
(a) not less than 2% of manganese;
(b) not less than 2% of silicon;
(c) not less than 0.5% of nickel;
(d) not less than 1 % of chromium;
(e) not less than 0.1 % of molybdenum;
(f) not less than 0.1% of vanadium;
(g) not less than 0.3% of tungsten;
(h) not less than 0.3% of cobalt; or
(j) not less than 0.4% of copper,
but does not include steel that contains, by mass, not less than 2% of a precious metal or of precious metals;
“precious metal” means gold, silver, platinum, iridium, osmium, palladium, rhodium or ruthenium;
“prescribed ingot” means an ingot that was produced in Australia by the casting of liquid metal from a furnace;
“prescribed plate” means a product that—
(a) was produced in Australia—
(i) by, or from a product that was produced in Australia by, hot-rolling a prescribed slab in a plant known as a hot plate steel mill or in a plant known as a hot strip steel mill; or
(ii) by, or from a product that was produced in Australia by, a process prescribed by the regulations for the purposes of this paragraph, being a process that was carried out in relation to a product prescribed by the regulations for those purposes in relation to that process;
(b) is a solid that has—
(i) a rectangular cross-section—
(a) the thickness of which is not less than 2.9 mm and not greater than 105 mm; and
(b) the width of which is not less than 500 mm; or
(ii) a cross-section that is of a kind prescribed by the regulations for the purposes of this definition; and
(c) has not been—
(i) cold-rolled or otherwise cold-formed (except by the process known as skin passing);
(ii) heated, quenched and tempered in a plant known as a continuous roller quench heat treatment line; or
(iii) processed in a manner prescribed by the regulations for the purposes of this paragraph;
“prescribed plated strip product” means—
(a) a product that was produced in Australia by cold-rolling and copperplating prescribed strip that had a cross-section the width of which was less than 500 mm;
(b) a product that was produced in Australia by slitting or trimming, or slitting and trimming, a product of the kind first referred to in paragraph (a); or
(c) a product of a kind prescribed by the regulations for the purposes of this definition;
“prescribed slab” means—
(a) a product that—
(i) was produced in Australia by—
(a) hot-rolling or forging a prescribed ingot or a product that was produced in Australia from a prescribed ingot;
(b) the continuous casting of liquid metal from a furnace;
(c) hot-rolling or forging a product that was produced by, or from a product that was produced in Australia by, the continuous casting of liquid metal from a furnace; or
(d) a process prescribed by the regulations for the purposes of this paragraph, being a process that was carried out in relation to a product prescribed by the regulations for those purposes in relation to that process; and
(ii) is a solid that has—
(a) a rectangular cross-section the thickness of which is not less than 75 mm and the width of which is not less than 85 mm; or
(b) a cross-section that is of a kind prescribed by the regulations for the purposes of this definition; or
(b) a product of a kind prescribed by the regulations for the purposes of this paragraph;
“prescribed steel” means—
(a) in relation to bountiable plate—steel or an alloy of steel;
(b) in relation to bountiable sheet—steel or an alloy of steel (other than stainless steel); and
(c) in relation to bountiable tube—steel or an alloy of steel (other than high alloy steel);
“prescribed strip” means a coiled product—
(a) that was—
(i) produced in Australia by, or from a product that was produced in Australia by, hot-rolling a prescribed slab in a plant known as a hot strip steel mill or in a plant known as a skelp steel mill; or
(ii) produced in Australia by, or from a product that was produced in Australia by, a process prescribed by the regulations for the purposes of this paragraph, being a process that was carried out in relation to a product
prescribed by the regulations for those purposes in relation to that process;
(b) that is a solid that, in its uncoiled form, has—
(i) a rectangular cross-section—
(a) the thickness of which is not less than 1 mm and not greater than 15 mm; and
(b) the width of which is not less than 100 mm; or
(ii) a cross-section that is of a kind prescribed by the regulations for the purposes of this definition;
(c) the mass of which is not less than 0.25 tonnes; and
(d) has not been—
(i) cold-rolled or otherwise cold-formed (except by the process known as skin passing); or
(ii) processed in a manner prescribed by the regulations for the purposes of this paragraph;
“prescribed strip product” means—
(a) a product that was produced in Australia from prescribed strip by any one or more of the following processes, namely, perforating, slitting or trimming the prescribed strip;
(b) a product that was produced in Australia by cold-rolling prescribed strip, or a product of the kind first referred to in paragraph (a), that had a cross-section the width of which was less than 500 mm;
(c) a product that was produced in Australia by slitting or trimming, or slitting and trimming, a product of the kind first referred to in paragraph (b); or
(d) a product of a kind prescribed by the regulations for the purposes of this definition;
“prescribed steps”, in relation to the production of a bountiable product, has the meaning given by section 5;
“producer”, in relation to a bountiable product, means the person who carried out all the prescribed steps in the production of the bountiable product;
“product” includes ingot;
“quarter” means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October during a bounty period;
“quenching”, in relation to a product, means the rapid cooling of the heated product otherwise than by immersion;
“registered premises” means premises registered by the Minister under section 13;
“stainless steel” means an alloy of steel that contains, by mass—
(a) not less than 10.5% of chromium; and
(b) not more than 1.2% of carbon;
“welding” means—
(a) in relation to a tubular product produced by forming a prescribed plate or by spirally forming prescribed strip—welding the abutting edges of the product along the entire length of the product by means of a machine known as an automatic continuous submerged arc welding machine or a machine known as an automatic continuous flux cored arc welding machine;
(b) in relation to a tubular product produced by hot forming prescribed strip in a plant known as a continuous weld mill—welding the abutting edges of the product along the entire length of the product by means of the process known as automatic forge welding;
(c) in relation to a tubular product produced by forming prescribed strip in a plant known as an electric resistance weld mill—welding the abutting edges of the product along the entire length of the product by means of a machine known as a continuous automatic electric resistance welding machine; and
(d) in relation to any other product—welding the product in such manner as is, and by such means as are, prescribed by the regulations for the purposes of this definition.
(2) A reference in sub-section (1) of this section or in section 5 to prescribed strip includes, unless the contrary intention appears, a reference to a prescribed strip product.
(3) For the purposes of this Act—
(a) a product shall not be taken to have been produced from a prescribed ingot if the production of the product involved the melting and recasting of the ingot, or another product produced from the ingot, for a purpose other than the removal of impurities from the ingot or the other product, as the case may be, by the process known as electro slag refining; and
(b) where the production of a particular product involved 3 or more steps and—
(i) the first of those steps consisted of the production of a prescribed ingot;
(ii) the last of those steps consisted of the production of a prescribed slab; and
(iii) the intermediate step or steps consisted of, or included, the production of another product or other products,
the first-mentioned product shall, subject to paragraph (a), be taken to have been produced from that prescribed ingot and from that other product or those other products.
(4) For the purposes of this Act—
(a) a product shall not be taken to have been produced from a product that was produced by the continuous casting of liquid metal from a furnace if the production of the first-mentioned product involved the melting and recasting of the second-mentioned product, or another product produced from the second-mentioned product, for a purpose other than the removal of impurities from the second-mentioned product or the other product produced from the second-mentioned product, as the case may be, by the process known as electro slag refining; and
(b) where the production of a particular product involved 3 or more steps and—
(i) the first of those steps consisted of the production of a product by the continuous casting of liquid metal from a furnace;
(ii) the last of those steps consisted of the production of a prescribed slab; and
(iii) the intermediate step or steps consisted of, or included, the production of another product or other products,
the first-mentioned product shall, subject to paragraph (a), be taken to have been produced from the second-mentioned product and from that other product or those other products.
(5) For the purposes of this Act, a product shall not be taken not to consist of steel of a particular kind by reason only that it contains impurities normally likely to be found in steel of that kind.
(6) Where a part of prescribed plate or prescribed strip used in the production of a bountiable product is left-over as scrap (whether or not in the form of prescribed plate or prescribed strip) after the production of the bountiable product, that part of the prescribed plate or prescribed strip, as the case may be, shall, for the purposes of this Act, be taken to have been used in the production of the bountiable product.
Bounty periods
4. Each of the following periods is, for the purposes of this Act, a bounty period:
(a) the year commencing on 1 January 1984;
(b) the year commencing on 1 January 1985;
(c) the year commencing on 1 January 1986;
(d) the year commencing on 1 January 1987;
(e) the year commencing on 1 January 1988.
Prescribed steps
5. For the purposes of this Act, the prescribed steps in the production of a bountiable product—
(a) commence with and include—
(i) in the case of bountiable plate that was produced by heating, quenching and tempering prescribed plate in a plant known as a continuous roller quench heat treatment line—that heating of the prescribed plate;
(ii) in the case of bountiable sheet that was produced by cold-rolling and re-coiling prescribed strip in a plant known as a tandem rolling mill or in a plant known as a reverse rolling mill—the descaling of the prescribed strip;
(iii) in the case of bountiable tube that was produced—
(a) from a prescribed plate;
(b) by spirally forming prescribed strip into a tubular product and welding the product so formed;
(c) from prescribed strip in a plant known as a continuous weld mill; or
(d) from prescribed strip in a plant known as an electric resistance weld mill (not being prescribed strip that is a product of a kind first referred to in paragraph (b) or (c) of the definition of “prescribed strip product” in sub-section 3 (1) or prescribed strip that was perforated in the plant),
the forming of the prescribed plate or prescribed strip, as the case may be, into a tubular product;
(iv) in the case of bountiable tube that was produced from prescribed strip in a plant known as an electric resistance weld mill (being prescribed strip that was perforated in the plant)—the perforation of the prescribed strip in the plant;
(v) in the case of bountiable tube that was produced from a product of a kind first referred to in paragraph (b) or (c) of the definition of “prescribed strip product” in sub-section 3 (1) in a plant known as an electric resistance weld mill—the cold-rolling of the prescribed strip from which the product was produced;
(vi) in the case of bountiable tube that was produced from a prescribed plated strip product—the cold-rolling of the prescribed strip from which the prescribed plated strip product was produced; and
(vii) in the case of any other bountiable product—such step or process as is prescribed by the regulations for the purposes of this paragraph in relation to the bountiable product; and
(b) end upon the completion of the last step in—
(i) in the case of a bountiable product other than bountiable tube that was produced in a plant known as a continuous weld mill or in a plant known as an electric resistance weld mill—the heating, quenching and tempering, the cold-rolling and re-coiling, the forming and welding or the forming and brazing that produced the product or, if the bountiable product was produced by another process, such process as is prescribed by the regulations for the purposes of this paragraph in relation to the bountiable product; and
(ii) in the case of bountiable tube that was produced in a plant of a kind referred to in sub-paragraph (i)—the cutting or the first cutting, as the case may be, of the tube in the plant.
Sales value
6. (1) For the purposes of this Act, the sales value of prescribed plate or prescribed strip used in the production of a bountiable product is, subject to this section, the price that was charged, or that will be charged, by the producer of the prescribed plate or prescribed strip, as the case may be, for the prescribed plate or prescribed strip, as the case may be.
(2) Where the producer of prescribed plate or prescribed strip used in the production of a bountiable product—
(a) has not charged, and does not propose to charge, for the prescribed plate or prescribed strip, as the case may be; or
(b) also produced the bountiable product,
the sales value of the prescribed plate or prescribed strip, as the case may be, shall, for the purposes of this Act, be taken to be—
(c) the amount determined by the Comptroller-General, in accordance with sound accounting principles, to be the lowest ex-works selling price paid or payable, or that would have been paid or payable, to any person who produced prescribed plate or prescribed strip, as the case may be, in Australia (whether or not he is the first-mentioned producer) for the sale by him, on the day on which the last step in the production of the bountiable product was completed, to any person of prescribed plate or prescribed strip, as the case may be, of the same kind for use in the production of a bountiable product of the same kind; or
(d) the amount determined by the Comptroller-General, in accordance with sound accounting principles, to be the factory cost of producing the prescribed plate or prescribed strip, as the case may be,
whichever is the lesser amount.
(3) Where—
(a) the Comptroller-General is unable to ascertain, for the purposes of sub-section (1), the price that was charged, or that will be charged, for
prescribed plate or prescribed strip used in the production of a bountiable product; or
(b) the Comptroller-General is unable to determine, for the purposes of sub-section (2), the factory cost of producing prescribed plate or prescribed strip used in the production of a bountiable product,
that price or cost shall, for the purposes of this Act, be taken to be such amount as is estimated by the Comptroller-General, having regard to all relevant circumstances and the nature of that price or cost, to be an appropriate price or cost in respect of the prescribed plate or prescribed strip, as the case may be, for the purposes of this Act.
(4) Where the Comptroller-General is unable to make a determination under paragraph (2) (c), sub-section (2) has effect as if that paragraph, and the words “whichever is the lesser amount”, were omitted.
(5) Without limiting the generality of sub-section (3) or (4), the Comptroller-General shall, for the purposes of this section, be taken to be unable to determine the amount of a price or cost relating to prescribed plate or prescribed strip used in the production of a bountiable product if—
(a) the Comptroller-General, after taking all reasonable steps to ascertain and verify information necessary for the determination of the amount, has been unable to ascertain or verify that information, by reason of the failure of the producer of the bountiable product or of the producer of the prescribed plate or prescribed strip, as the case may be, to supply information or to permit the Comptroller-General or an authorized officer to inspect accounts, books, documents or other information, or otherwise; or
(b) in the case of the amount of a lowest ex-works selling price—there were no relevant prices.
(6) Where the Comptroller-General is satisfied—
(a) that the amount of the price of prescribed plate or prescribed strip was influenced by reason of a commercial, financial or other relationship between the producer or a business associate of the producer and the purchaser or a business associate of the purchaser, not being a relationship created by the sale itself; and
(b) that, by reason of that relationship, the amount of the price is higher than it would otherwise have been,
that price shall, for the purposes of this Act, be taken to be such amount as the Comptroller-General, in accordance with sound accounting principles, determines to be the amount that would have been the amount of that price if that relationship had not existed.
(7) Where the Comptroller-General makes a determination or estimation under this section in relation to a bountiable product, he shall cause to be served, either personally or by post, on the producer of the bountiable product, notice in writing of the determination or estimation, as the case may be.
(8) Where prescribed plate or prescribed strip was produced by a person on behalf of the owner of the slab from which the prescribed plate or prescribed strip, as the case may be, was produced, the owner of the prescribed slab shall, for the purposes of this section, be taken to be the producer of the prescribed plate or prescribed strip, as the case may be.
(9) For the purposes of this Act, the price of prescribed plate or prescribed strip (in this sub-section referred to as the “relevant product”) shall be taken to be the gross price that the producer of the relevant product charged, will charge or would have charged, as the case may be, for the relevant product less the amount of any rebate or discount allowable by him in respect of the price (not being a rebate or discount for cash payment or prompt payment), and includes any price that he has charged, will charge or would have charged, as the case may be, for the cost of any—
(a) slitting or trimming of the relevant product;
(b) application of a protective coating to the relevant product;
(c) packaging of the relevant product for the purposes of transport or sale;
(d) delivery of the relevant product; or
(e) processing or treatment of the relevant product prescribed by the regulations for the purposes of this sub-section,
carried out by him after the production of the relevant product.
(10) In determining the factory cost of prescribed strip or prescribed plate, the Comptroller-General—
(a) shall make allowance for factory overhead costs (including factory administration costs) incurred, but shall not make any allowance for general administration costs, selling costs or service costs; and
(b) if the prescribed slab, from which the prescribed strip or prescribed plate, as the case may be, was produced, was supplied to the producer of the prescribed strip or prescribed plate, as the case may be, free of charge—shall make allowance for the price that would have been charged for the prescribed slab if it had been purchased.
(11) For the purposes of this section, 2 persons shall be taken to be business associates if—
(a) one has an interest, whether direct or indirect, in the business or property of the other;
(b) both have an interest, whether direct or indirect, in the same business or property; or
(c) another person has an interest, whether direct or indirect, in the business or property of each of them.
(12) A determination or estimation under this section shall be made by instrument in writing.
Uniformity
7. A power conferred on the Governor-General, the Minister or the Comptroller-General by this Act shall not be exercised in such a manner that
bounty under this Act would not be uniform throughout the Commonwealth, within the meaning of paragraph 51 (iii) of the Constitution.
Specification of bounty
8. (1) Bounty is payable in accordance with this Act on the production in Australia of bountiable products.
(2) Bounty in respect of a bountiable product is payable to the producer of the bountiable product.
(3) A producer of a bountiable product is not entitled to receive a payment of bounty in respect of the bountiable product unless the Comptroller-General is satisfied that—
(a) all the prescribed steps in the production of the bountiable product were carried out—
(i) by the producer at registered premises; and
(ii) during a bounty period or during bounty periods;
(b) the producer of the bountiable product intends to sell, or otherwise dispose of, the bountiable product, or, if he intends to produce a product from the bountiable product, the product intended to be so produced by him, to another person for use in Australia; and
(c) the bountiable product is of good and merchantable quality.
(4) For the purposes of this Act, when bounty is payable in respect of a bountiable product, it shall be deemed to have become payable upon the completion of the last prescribed step in the production of the bountiable product.
(5) Bounty is not payable in respect of—
(a) bountiable sheet that is of a kind used as strapping;
(b) bountiable sheet that is intended to be used in the production of tin plate;
(c) bountiable tube—
(i) that has an internal diameter that is greater than 400 mm at any point;
(ii) the thickness of the wall of which is greater than 10.5 mm at any point; and
(iii) that is intended for use as high pressure hydroelectric conduit; and
(d) bountiable tube that—
(i) the producer of the bountiable tube intends to insulate internally; and
(ii) is intended for use as electric conduit tubing.
(6) Bounty is not payable under this Act in respect of any bountiable product produced, in whole or in part, from a product in respect of which bounty has been paid, or is or becomes payable, under this Act, the Bounty
(Steel Products) Act 1983 or the Bounty (High Alloy Steel Products) Act 1983.
(7) Bounty is not payable in respect of any bountiable product produced by the Commonwealth, a State or an authority of the Commonwealth or a State (including an educational institution established by the Commonwealth or a State).
(8) In sub-section (7), “State” includes the Northern Territory.
Amount of bounty
9. (1) The bounty payable in respect of a bountiable product is an amount equal to the relevant percentage of the sales value of the prescribed plate and prescribed strip used in the production of the bountiable product.
(2) For the purposes of this section, the relevant percentage in relation to a bountiable product is such percentage as, having regard to the notional annual industry hot-rolled feed usage tonnage applicable to the bountiable product for the quarter during which the last prescribed step in the production of the bountiable product was completed, is applicable in accordance with—
(a) if the bountiable product is bountiable plate—Schedule 1;
(b) if the bountiable product is bountiable sheet—Schedule 2; and
(c) if the bountiable product is bountiable tube—Schedule 3.
(3) A reference in this Act to the notional annual industry hot-rolled feed usage tonnage applicable to a bountiable product for a quarter is a reference to the tonnage ascertained by—
(a) in relation to bountiable plate—multiplying the total tonnage of prescribed plate and prescribed strip used in the production of bountiable plate during the quarter, being the total tonnage of prescribed plate and prescribed strip so used as determined by the Comptroller-General by instrument in writing, by 4;
(b) in relation to bountiable sheet—multiplying the total tonnage of prescribed plate and prescribed strip used in the production of bountiable sheet during the quarter, being the total tonnage of prescribed plate and prescribed strip so used as determined by the Comptroller-General by instrument in writing, by 4; and
(c) in relation to bountiable tube—multiplying the total tonnage of prescribed plate and prescribed strip used in the production of bountiable tube during the quarter, being the total tonnage of prescribed plate and prescribed strip so used as determined by the Comptroller-General by instrument in writing, by 4.
(4) Bounty is not payable in respect of bountiable plate if the last prescribed step in the production of the bountiable plate was completed during a quarter for which the notional annual industry hot-rolled feed usage tonnage applicable to bountiable plate is greater than 8,800 tonnes.
(5) Bounty is not payable in respect of bountiable sheet if the last prescribed step in the production of the bountiable sheet was completed during
a quarter for which the notional annual industry hot-rolled feed usage tonnage applicable to bountiable sheet is greater than 900,000 tonnes.
(6) Bounty is not payable in respect of bountiable tube if the last prescribed step in the production of the bountiable tube was completed during a quarter for which the notional annual industry hot-rolled feed usage tonnage applicable to bountiable tube is greater than 500,000 tonnes.
(7) The regulations may prescribe a factor in relation to a number specified in column 1 or 2 of a Schedule and, where a factor is so prescribed, then, for the purpose of calculating the bounty payable in respect of bountiable products in relation to which that Schedule is applicable and in respect of which bounty becomes payable during a quarter in relation to which the regulations prescribing the factor are applicable, the number in relation to which the factor is so prescribed shall be multiplied by the factor.
(8) Where regulations made by virtue of sub-section (7) prescribed a factor in relation to the number 8,800 specified in column 1 of Schedule 1, sub-section (4) has effect as if the reference in that sub-section to 8,800 were a reference to the number ascertained by multiplying 8,800 by the factor.
(9) Where regulations made by virtue of sub-section (7) prescribe a factor in relation to the number 900,000 specified in column 1 of Schedule 2, sub-section (5) has effect as if the reference in that sub-section to 900,000 were a reference to the number ascertained by multiplying 900,000 by the factor.
(10) Where regulations made by virtue of sub-section (7) prescribe a factor in relation to the number 500,000 specified in column 1 of Schedule 3, sub-section (6) has effect as if the reference in that sub-section to 500,000 were a reference to the number ascertained by multiplying 500,000 by the factor.
Limit of available bounty
10. (1) Subject to sub-section (2), the amounts available for payment of bounty in respect of a bounty period are—
(a) in respect of bountiable plate—$600,000;
(b) in respect of bountiable sheet—$40,000,000;
(c) in respect of bountiable tube—$22,000,000.
(2) The regulations may prescribe a factor for the purposes of paragraph (1) (a), (b) or (c) in respect of a bounty period, and, where a factor is so prescribed, then, for the purpose of ascertaining the amount available for payment of bounty in respect of bountiable products in relation to which that paragraph is applicable and in respect of which bounty becomes payable during that bounty period, the amount specified in that paragraph, shall be multiplied by that factor.
(3) Where the amount available for payment of bounty in respect of bountiable plate, bountiable sheet or bountiable tube in respect of which bounty becomes payable during a bounty period is insufficient for the payment in full of all valid claims in respect of that bountiable plate, bountiable sheet or bountiable tube, as the case may be, the bounty otherwise payable in respect of
each of those claims shall be reduced to an amount that bears the same proportion to the amount of the claim as the amount so available bears to the total amount of all those claims.
(4) If the Comptroller-General is of the opinion that the amount available for payment of bounty in respect of bountiable plate, bountiable sheet or bountiable tube in respect of which bounty will become payable during a bounty period will be insufficient for the payment in full of all valid claims in respect of that bountiable plate, bountiable sheet or bountiable tube, as the case may be, he may withhold payment of the whole or any part of the bounty otherwise payable upon such a claim until he has ascertained the total amount of all those claims.
Advances on account of bounty
(1) An advance on account of bounty may be made to a person on such terms and conditions as are approved by the Minister by instrument in writing.
(2) If, at the expiration of a bounty period, a person has received an amount, by way of advances on account of bounty that may become payable to him during that bounty period, greater than the amount of bounty that became payable to him during that bounty period, he is liable to repay to the Commonwealth the amount of the excess.
(3) If a person receives, by way of advances on account of bounty in respect of a particular product, an amount greater than the amount of bounty payable to him in respect of that product, he is liable to repay to the Commonwealth the amount of the excess.
(4) If a person receives an amount by way of advances on account of bounty that may become payable to him and the bounty does not become payable to him, he is liable to repay to the Commonwealth the amount so received.
(5) Where a person is liable to repay an amount to the Commonwealth under this section, the Commonwealth may recover that amount as a debt due to the Commonwealth by action in a court of competent jurisdiction.
(6) Where a person is liable to repay an amount to the Commonwealth under this section, the amount may be deducted from any other amount that is payable to the person under this Act, the Bounty (Steel Products) Act 1983 or the Bounty (High Alloy Steel Products) Act 1983 and, where an amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.
Claims for payment of bounty
(1) A person who claims to be entitled to be paid an amount of bounty in respect of bountiable products may lodge a claim for payment to him of the amount.
(2) The claim shall—
(a) be in accordance with the appropriate approved form;
(b) include such information as is required by the form;
(c) be signed and witnessed as required by the form; and
(d) be lodged with—
(i) the Collector for the State or Territory in which the bountiable products were produced; or
(ii) if there is no such Collector—the Comptroller-General, within 4 months after the end of the quarter during which the last prescribed step in the production of the bountiable products was completed.
(3) As soon as practicable after the lodgment of the claim, the Comptroller-General shall, after examining the claim and causing such inquiries as he considers necessary to be made (including inquiries under sections 18 and 19)—
(a) if he is satisfied that the claim complies with sub-section (2) and that the claimant is otherwise entitled to be paid an amount of bounty in respect of bountiable products to which the claim relates—approve, by instrument in writing, payment of the amount; or
(b) if he is not so satisfied—refuse, by instrument in writing, to approve payment of bounty in respect of the products to which the claim relates.
(4) Where the Comptroller-General makes a decision under sub-section (3) approving, or refusing to approve, payment of bounty, he shall cause to be served on the person who lodged the claim, either personally or by post, a notice in writing setting out the decision.
Registration of premises
13. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in relation to the production of bountiable products at registered premises.
(2) Where a person carries on, or proposes to carry on, the production of a class of bountiable products at any premises, the Minister may—
(a) of his own motion; or
(b) upon application to do so being made to him by the person,
register the premises, for the purposes of this Act, in respect of that class of bountiable products.
(3) If conditions have been prescribed under sub-section (1) that are applicable to the production of that class of bountiable products at registered premises, the Minister shall not register the premises in respect of that class of bountiable products unless he is satisfied that the conditions will be complied with.
(4) The Minister may require an applicant under this section to furnish such information as the Minister considers necessary for the purposes of this Act, and may refuse to register the premises, or refuse to register the premises in
accordance with the application, until the information is furnished to his satisfaction.
(5) Where an applicant under this section was not, on 11 August 1983, engaged, at the premises to which the application relates, in the production of bountiable products included in the class of bountiable products to which the application relates, the Minister shall refuse to register those premises in respect of that class of bountiable products unless, in the opinion of the Minister, the registration of those premises in respect of that class of bountiable products will promote the orderly development in Australia of the industry producing bountiable products included in that class of bountiable products.
(6) Where the Minister makes a decision under this section refusing an application to register premises in respect of a class of bountiable products, he shall cause to be served, either personally or by post, on the applicant a notice in writing setting out the decision.
(7) Subject to sub-sections (3), (4) and (5), if, in the opinion of the Minister, bountiable products included in the class of bountiable products to which the application relates are, or are proposed to be, produced at the premises to which the application relates, he shall, by notice in writing served, either personally or by post, on the applicant, register those premises in the name of the applicant, for the purposes of this Act, in respect of that class of bountiable products.
(8) If the Minister so determines by instrument in writing, the registration shall be deemed to have taken effect on and from a date specified by the Minister, being a date not earlier than 1 January 1984.
(9) Upon application in writing made to the Minister by—
(a) the person in whose name premises are registered under this section; and
(b) a person who carries on, or proposes to carry on, the production, at those premises, of bountiable products included in a class of bountiable products in respect of which those premises are registered,
the Minister shall, by notice in writing served, either personally or by post, on the person referred to in paragraph (b), transfer the registration of those premises in respect of that class of bountiable products to the name of that person, with effect from such date as the Minister specifies in the notice, being a date not earlier than 6 months before the day on which that application was made.
(10) Where the Minister is satisfied, in respect of any registered premises—
(a) that bountiable products are not being produced at those premises; or
(b) that the production of bountiable products at those premises is not being carried on by a person in whose name those premises are registered,
the Minister may, by notice in writing served, either personally or by post, on the occupier of those premises, and, if the occupier is not the person in whose
name those premises are registered, on that person, cancel the registration of those premises.
(11) Where the Minister is satisfied, in respect of any registered premises—
(a) that bountiable products are being produced at those premises, but that bountiable products included in a class of bountiable products in respect of which those premises are registered are not being produced at those premises;
(b) that the production of bountiable products at those premises is being carried on by a person in whose name those premises are registered, but that the production of bountiable products included in a class of bountiable products in respect of which those premises are registered is not being carried on by the person in whose name those premises are registered in respect of that class of bountiable products; or
(c) if any conditions have been prescribed under sub-section (1) that are applicable to the production of a class of bountiable products in respect of which those premises are registered—that bountiable products included in that class of bountiable products are being produced at those premises otherwise than in accordance with the conditions,
the Minister may, by notice in writing served, either personally or by post, on the person in whose name those premises are registered in respect of that class of bountiable products, cancel the registration of those premises in respect of that class of bountiable products.
(12) For the purpose of the application of section 29 of the Acts Interpretation Act 1901 to the service by post of a notice under sub-section (10) of this section, such a notice posted as a letter addressed to the occupier, or to the person in whose name those premises are registered, at those premises shall be deemed to be properly addressed.
Accounts, &c.
A person is not entitled to bounty unless he keeps, to the satisfaction of the Minister, accounts, books, documents and other records showing, from time to time, particulars relating to the production (including the cost of production) and sale of bountiable products and such other information in relation to bountiable products, and in relation to prescribed plate and prescribed strip used in the production of bountiable products, as the Minister, by notice in writing served, either personally or by post, on the person, requires.
Securities
The Minister may by notice in writing served, either personally or by post, on a person to whom bounty could become payable, require the person to give security, in an amount determined by the Minister, by bond, guarantee or cash deposit, or by all or any of those methods, for compliance by him with the provisions of this Act and the regulations, or for the purpose of an undertaking given by him for the purposes of this Act or the regulations, and, where a person
is so required to give security, he is not entitled to bounty, or an advance on account of bounty, unless he gives security in accordance with the requirement.
Producers to furnish returns
(1) Within 28 days after the end of each month of the year during a bounty period, a producer of bountiable products shall lodge a return with respect to—
(a) the bountiable products produced by him and the bountiable products that he proposes to produce; and
(b) the prescribed plate and prescribed strip used, and proposed to be used, in the production by him of bountiable products.
(2) The return shall—
(a) be in accordance with the appropriate approved form;
(b) include such information as is, and such estimates as are, required by the form;
(c) be signed and witnessed as required by the form; and
(d) be lodged with the Comptroller-General or a Collector.
(3) A producer of bountiable products shall not—
(a) refuse or fail to comply with this section to the extent that he is capable of complying with it; or
(b) in purported compliance with this section, furnish information that is or estimates that are, to his knowledge, false or misleading in a material particular.
Penalty for contravention of this sub-section: $1,000.
Appointment of authorized officers
(1) The Minister may, by writing signed by him, appoint—
(a) a specified officer;
(b) the officer for the time being holding, or performing the duties of, a specified office; or
(c) officers included in a specified class of officers,
to be an authorized officer, or authorized officers, for the purposes of this Act.
(2) In sub-section (1), “officer” means an officer of the Department.
Stock-taking and inspection of production and accounts, &c.
(1) For the purposes of this Act, an authorized officer may, at all reasonable times, enter—
(a) registered premises;
(b) premises where there is stored a bountiable product in respect of which bounty has been claimed, or, in the opinion of the authorized officer, is likely to be claimed or a product produced from such a bountiable product by the producer of the bountiable product; or
(c) premises where there are kept any accounts, books, documents or other records relating to the production, storage, sale or other disposal, use or intended use of a bountiable product, any product produced from a bountiable product by the producer of the bountiable product, any product used in the production of a bountiable product or any product from which a product used in the production of a bountiable product was produced,
and may—
(d) inspect or take stock of any product of a kind referred to in paragraph (c);
(e) inspect any process in the production of any product of a kind referred to in paragraph (c); and
(f) inspect the accounts, books, documents and other records relating to the production (including the cost of production), sale or other disposal, use or intended use of a product of a kind referred to in paragraph (c),
and may make and retain copies of, or take and retain extracts from, any such accounts, books, documents and other records.
(2) The occupier or person in charge of registered premises, or of premises referred to in paragraph (1) (b) or (c), shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his powers under this section.
Penalty for contravention of this sub-section: $1,000.
Power to require persons to answer questions and produce documents
19. (1) A Collector or an authorized officer may, by notice signed by him, require a person whom he believes to be capable of giving information relevant to the operation of this Act in relation to the production (including the cost of production), sale or other disposal, use or intended use of a product of a kind referred to in paragraph 18 (1) (c), to attend before him at the time and place specified in the notice and there to answer questions and to produce to him such accounts, books, documents and other records in relation to the production (including the cost of production), sale or other disposal, use or intended use of such a product as are referred to in the notice.
(2) A notice under sub-section (1) requiring a person to produce an account, book, document or record shall set out the effect of sub-section (3).
(3) A person who, in pursuance of a notice under sub-section (1), produces an account, book, document or record kept, made or prepared by another person that, to the knowledge of the first-mentioned person, is false or misleading in a material particular shall, upon so producing the account, book, document or record, give to the person to whom the first-mentioned person is required to produce the account, book, document or record, a statement in writing signed by the first-mentioned person or, in the case of a body corporate, by a competent officer of the body corporate—
(a) stating that the account, book, document or record is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in respect of which the account, book, document or record is, to the knowledge of the “first-mentioned person, false or misleading.
Penalty: $1,000 or imprisonment for 6 months, or both.
(4) A Collector or an authorized officer may make and retain copies of, or take and retain extracts from, any accounts, books, documents or other records produced in pursuance of this section.
(5) A person is not excused from answering a question or producing any accounts, books, documents or other records when required to do so under this section on the ground that the answer to the question, or the production of the accounts, books, documents or other records, might tend to incriminate him or make him liable to a penalty, but his answer to any such question, or the production by him of any such account, book, document or other record is not admissible in evidence against him in criminal proceedings other than proceedings under, or arising out of, sub-section (3) of this section, sub-section 21 (1) by virtue of paragraph 21 (1) (c) or sub-section 21 (3) by virtue of paragraph 21 (3) (a), being that last-mentioned paragraph in its application to the making of a statement in pursuance of this section.
(6) Where a producer of bountiable products, or a person employed by a producer of bountiable products, has failed to attend or to answer a question, or to produce any account, book, document or other record, when required so to do under this section, bounty is not payable to the producer, unless the Minister otherwise directs by instrument in writing, until the producer or that person, as the case may be, has attended, answered the question or produced the account, book, document or other record, as the case may be.
Power to examine on oath, &c.
(1) A Collector or an authorized officer may examine, on oath or affirmation, a person attending before him in pursuance of section 19 and, for that purpose, may administer an oath or affirmation to the person.
(2) The oath or affirmation to be made by a person for the purposes of sub-section (1) is an oath or affirmation that the answers he will give to questions asked of him will be true.
Offences
(1) A person shall not, without reasonable excuse, refuse or fail—
(a) to attend before a Collector or an authorized officer;
(b) to take an oath or make an affirmation; or
(c) to answer a question or produce an account, book, document or other record,
when so required in pursuance of this Act.
Penalty: $1,000.
(2) A person shall not knowingly obtain or attempt to obtain bounty that is not payable.
Penalty: $2,000 or imprisonment for 12 months, or both.
(3) A person shall not—
(a) make to an authorized officer or other person exercising a power, or performing a function or duty, in relation to this Act a statement, either orally or in writing, that is to his knowledge false or misleading in a material particular; or
(b) present (otherwise than in pursuance of sub-section 19 (1)) to an authorized officer or other person exercising a power, or performing a function or duty, in relation to this Act an account, book, document or other record that is to his knowledge false or misleading in a material particular.
Penalty: $1,000 or imprisonment for 6 months, or both.
(4) Where a person is convicted of an offence against sub-section (2) or (3), the court may, in addition to imposing a penalty under that sub-section, order the person to refund to the Commonwealth the amount of any bounty wrongfully obtained by him.
(5) Where a court has made an order under sub-section (4), a certificate signed by the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is refundable may be filed in a court having civil jurisdiction to the extent of the amount and is thereupon enforceable in all respects as a final judgment of that court.
(6) In this section, “bounty” includes an advance on account of bounty under section 11.
Return for Parliament
22. (1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—
(a) the name and address of each person to whom bounty was paid in that financial year;
(b) the amount of bounty paid to each person in that financial year; and
(c) such other particulars (if any) as are prescribed.
(2) The Minister shall cause a copy of the return to be laid before each House of the Parliament within 15 sitting days of that House after the return is received by him.
(3) In this section, “bounty” includes an advance on account of bounty under section 11.
Delegation
23. (1) The Minister or the Comptroller-General may, either generally or otherwise as provided in the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or the Comptroller-General, as the case may be.
(3) A delegation under this section does not prevent the exercise of a power by the Minister or the Comptroller-General, as the case may be.
Application for review
24. (1) Applications may be made to the Administrative Appeals Tribunal for review of—
(a) a determination or estimation by the Comptroller-General under section 6;
(b) a decision of the Comptroller-General under sub-section 12 (3) approving, or refusing to approve, payment of bounty;
(c) a decision of the Minister under section 13 refusing to register premises, not being a refusal by virtue of sub-section 13 (5);
(d) a decision of the Minister under sub-section 13 (7), (8), (9), (10) or (11); or
(e) a requirement by the Minister under section 15.
(2) In sub-section (1), “decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Statement to accompany notice of decision
25. (1) Where the Minister, a delegate of the Minister, the Comptroller-General or a delegate of the Comptroller-General makes a determination, decision or requirement of a kind referred to in sub-section 24 (1) and gives to the person or persons whose interests are affected by the determination, decision or requirement notice in writing of the making of the determination, decision or requirement, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the determination, decision or requirement to which the notice relates by or on behalf of the person or persons whose interests are affected by the determination, decision or requirement.
(2) Any failure to comply with the requirements of sub-section (1) in relation to a determination, decision or requirement does not affect the validity of the determination, decision or requirement.
Appropriation
Bounty is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Regulations
27. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters—
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that provision is made by this Act in relation to that matter or another matter.
(3) The power to make regulations conferred by this Act may be exercised—
(a) in relation to all cases to which the power extends, all those cases subject to specified exceptions or any specified cases or classes of cases; and
(b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of cases.
—————
SCHEDULE 1 Section 9
BOUNTIABLE PLATE
Column 1
Column 2
Number of tonnes in the notional annual industry hot-rolled feed usage tonnage applicable to bountiable plate for the quarter
Percentage
5,000 or less..................................................
20
more than 5,000, but not more than 5,200...............................
19
more than 5,200, but not more than 5,400...............................
18
more than 5,400, but not more than 5,600...............................
17
more than 5,600, but not more than 5,800...............................
16
more than 5,800, but not more than 6,000...............................
15
more than 6,000, but not more than 6,200...............................
14
more than 6,200, but not more than 6,400...............................
13
more than 6,400, but not more than 6,600...............................
12
more than 6,600, but not more than 6,800...............................
11
more than 6,800, but not more than 7,000...............................
10
more than 7,000, but not more than 7,200...............................
9
more than 7,200, but not more than 7,400...............................
8
more than 7,400, but not more than 7,600...............................
7
more than 7,600, but not more than 7,800...............................
6
more than 7,800, but not more than 8,000...............................
5
more than 8,000, but not more than 8,200...............................
4
more than 8,200, but not more than 8,400...............................
3
more than 8,400, but not more than 8,600...............................
2
more than 8,600, but not more than 8,800...............................
1
————
SCHEDULE 2 Section 9
BOUNTIABLE SHEET
Column 1
Column 2
Number of tonnes in the notional annual industry hot-rolled feed usage tonnage applicable to bountiable sheet for the quarter
Percentage
700,000 or less...............................................
17
more than 700,000, but not more than 750,000..........................
16
more than 750,000, but not more than 770,000..........................
15
more than 770,000, but not more than 790,000..........................
14
more than 790,000, but not more than 810,000..........................
13
more than 810,000, but not more than 830,000..........................
12
more than 830,000, but not more than 850,000..........................
11
more than 850,000, but not more than 860,000..........................
9
more than 860,000, but not more than 870,000..........................
7
more than 870,000, but not more than 880,000..........................
5
more than 880,000, but not more than 890,000..........................
3
more than 890,000, but not more than 900,000..........................
1
————
SCHEDULE 3 Section 9
BOUNTIABLE TUBE
Column 1
Column 2
Number of tonnes in the notional annual industry hot-rolled feed usage tonnage applicable to bountiable tube for the quarter
Percentage
350,000 or less...............................................
17
more than 350,000, but not more than 370,000..........................
16
more than 370,000, but not more than 390,000..........................
15
more than 390,000, but not more than 410,000..........................
14
more than 410,000, but not more than 430,000..........................
13
more than 430,000, but not more than 450,000..........................
12
more than 450,000, but not more than 460,000..........................
10
more than 460,000, but not more than 470,000..........................
8
more than 470,000, but not more than 480,000..........................
6
more than 480,000, but not more than 490,000..........................
4
more than 490,000, but not more than 500,000..........................