16HAlternative basis for rebate for 1968‑69 because of currency devaluation

16H Alternative basis for rebate for 1968‑69 because of currency devaluation

(1) This section applies in relation to the calculation of the increase in export sales of a person for the year ending on the thirtieth day of June, One thousand nine hundred and sixty‑nine (in this section referred to as the year to which this section applies). (2) A person may, by application in writing to the Secretary, request the Secretary to certify that he is satisfied that the value of export sales of the person for the year to which this section applies is substantially less than it would have been if the currency of a country or countries outside Australia specified in the application had not been devalued during the next preceding financial year. (3) The application shall be made after the end of the year to which this section applies and at or before the time of lodging a claim in respect of that year. (4) The Secretary shall notify the Commissioner of receipt of an application under this section, and the Commissioner shall not determine a claim by the applicant in respect of the year to which this section applies unless and until: (a) the Secretary has notified the applicant that the application has been rejected; or (b) the Secretary has delivered to the applicant a certificate in accordance with subsection (6) of this section and: (i) the applicant has not, within forty‑two days from the date of receipt of the certificate, made an election under subsection (7) of this section; or (ii) the applicant has duly made an election under subsection (7) of this section. (5) The Secretary is not required to determine the application unless the applicant has furnished such information, verified by such declarations, as the Secretary requires for the purposes of this section. (6) Subject to the last preceding subsection, the Secretary shall consider the application and, if he decides to grant the application, shall: (a) in respect of each of the two financial years next preceding the year to which this section applies, determine whether, in his opinion, the value of export sales of the applicant for that financial year was, by reason of abnormal trading conditions or other extraordinary circumstances in that financial year, in excess of the amount that would otherwise have been that value and, if so, the amount of the excess; and (b) sign a certificate certifying as requested in the application and certifying also, in respect of each of the two financial years next preceding the year to which this section applies, the opinion formed by him, and the amount, if any, of the excess determined by him, in accordance with the last preceding paragraph; and (c) deliver the certificate by post to the applicant and furnish a copy of the certificate to the Commissioner. (7) Where the Secretary has delivered to a person a certificate in accordance with the last preceding subsection, the person may, by notice in writing signed by him or on his behalf and delivered to the Commissioner within forty‑two days from the date of receipt of the certificate, elect that his increase in export sales for the year to which this section applies shall be ascertained by reference to the value of export sales of the person for whichever of the two years next preceding the year to which this section applies is specified in the election. (8) Where a person makes an election under the last preceding subsection, his increase in export sales for the year to which this section applies shall be deemed to be an amount ascertained in accordance with the formula: