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Territories, &c.

4. For the purposes of these Regulations—

(a) the Australian Capital Territory shall be deemed to be part of the Stale of New South Wales;

(b) the Northern Territory of Australia shall be deemed to be a separate State; and

(c) the town of Albury shall be deemed to be in the State of Victoria.

Part II. —Registration.

Applications.

5. Unless the Commissioner otherwise permits, every broker, manufacturer or exporter who is required to furnish returns under the Act or under these Regulations shall make application for registration in writing in accordance with Form 8.

Where applications to be lodged.

6. Unless the Commissioner otherwise permits, every application for registration shall be made to the Commissioner at the office of the Deputy Commissioner for each State; in which the person required to make the application carries on the business in respect of which he is required to furnish returns under the Act or under these Regulations.

Issue of certificate of registration.

7.—(1.) The Commissioner, or a person authorized in writing by the Commissioner to issue such certificates, may issue to any person who has made application for registration in accordance with this Part a certificate or certificates of registration in accordance with Form 9.

(2.) A certificate of registration shall remain in force until cancelled by the Commissioner.

Part III.— Returns and Information.

Forms of and times for certain returns.

8.—(1.) A return required to be furnished to the Commissioner in pursuance of section 19 of the Act by a broker in respect of any wool sold by him, at auction or otherwise, shall be in accordance with Form 1, and shall be furnished, in duplicate, within fifteen days after the close of the month in which the wool is sold.

(2.) A return required to be furnished to the Commissioner in pursuance of section 20 of the Act by a manufacturer shall be in accordance with Form 2, and shall be furnished, in duplicate, together with any relevant certificates of appraisement, within fifteen days after the close of the month in which the wool is purchased or subjected to a process or treatment of manufacture.

Returns by exporters.

9. Unless the Commissioner otherwise permits, every exporter shall, before the export of any wool, furnish to the Commissioner a return in duplicate in accordance with Form 3.

When return deemed to be furnished.

10. A return or application shall not be deemed to have been duly furnished or made to the Commissioner unless and until the proper form, duly signed in accordance with these Regulations, containing a full, true and complete statement of all matters and things required by the Act and these Regulations, the Commissioner and the form itself to be stated therein has, at the place where, under these Regulations, the return is to be furnished or the application made been received by an officer authorized by the Commissioner to receive returns or applications as the case may require.

Substantially similar forms.

11. Notwithstanding anything contained in these Regulations, the Commissioner may, at any time, in any case or class of case accept a return or application in a form substantially similar to the form prescribed for that case or class of case.

Place for furnishing returns.

12. A return relating to any wool shall be furnished to the Commissioner—

(a) in the case of a return by a broker—at the office of the Deputy Commissioner for the State in which the wool is sold;

(b) in the case of a return by a manufacturer—at the office of the Deputy Commissioner for the State in which he carries on the business in which the wool has been, or is intended to be, used; and

(c) in the case of a return by an exporter—at the office of the Deputy Commissioner for the State from a port in which the wool is intended to be exported.

Persons to take necessary steps for due lodging.

13. Whenever a person is required by the Act, the Regulations or the Commissioner to furnish a return to the Commissioner, it shall be the duty of that person to make the required return and to take all steps necessary to ensure that the return is received by the Commissioner at the place where, under these Regulations, the return is to be furnished.

Persons to take necessary steps to furnish information.

14. Whenever, in pursuance of section 22 of the Act, a person is required by the Commissioner to furnish the Commissioner with any information, that person—

(a) shall take all steps necessary to ensure that the information so required to be furnished is received by the Commissioner at the place at which the information is required to be furnished; and

(b) shall be deemed not to have furnished the Commissioner with that information unless and until the information has been received by the Commissioner at the place at which the information is required to be furnished.

Allowance to person required to attend and give evidence.

15. Where a person (other than the person, or a representative of the person, concerning whom the evidence is required) is required under section 22 of the Act to attend and give evidence before the

Commissioner or a person authorized by him, there may be allowed to that person the sum, not exceeding in any case One pound per diem actually and necessarily lost by him by reason of his attendance, and in addition (if he resides more than four miles from the place at which he is required to attend), such sum for travelling expenses (not exceeding the sum actually paid) as the person conducting the inquiry thinks reasonable.

Annotations on returns.

16.— (1.) The Commissioner may cause or permit any officer to make on any return such marks, figures and annotations as he thinks fit.

(2.) The marks, figures and annotations shall be made in ink which is different in colour from the ink used in the return and, except in the case of a date stamp, shall be initialled by the officer making them.

Part IV.—Payment of the Charge.

Where charge payable.

17. Unless otherwise directed by the Commissioner, any person liable to pay charge in respect of any wool shall pay the charge to the Commissioner at the office of the Deputy Commissioner at whose office he is required to furnish a return in respect of that wool:

Provided that where wool is shipped for export at a port at which there is not an office of a Deputy Commissioner, payment of the charge in respect of that wool may be made to the Sub-Collector of Customs stationed at, or controlling, the port or, if there is no such Sub-Collector, to the Postmaster at the port.

How charge may be paid.

18. The charge may be paid by—

(a) delivery of cash, bank notes or cheques at the office of the Deputy Commissioner;

(b) remitting the charge to the Deputy Commissioner by bank draft or cheque, or by money order or postal note payable in the city to which the remittance is sent; or

(c) depositing the net amount of the charge to the credit of the Deputy Commissioner at any branch of the Commonwealth Bank of Australia.

Post Office to be agent of remitter.

19. When a remittance is posted by or on behalf of a person who is liable to pay the charge and is addressed to the Commissioner or a Deputy Commissioner, the Post Office shall be deemed to be the agent of the remitter, and payment shall not be deemed to have been made until the remittance has been received by the addressee.

Payment by cheque.

20. Where a cheque has been delivered or remitted to the Commissioner or a Deputy Commissioner in payment of the charge, the charge shall (notwithstanding any receipt given therefor) not be deemed to have been paid until the amount for which the cheque is drawn has been collected.

Receipts to be issued.

21. Receipts for the charge shall be issued by such persons as the Commissioner or a Deputy Commissioner authorizes.

Part payment of charge not to be accepted.

22. Except with the express consent of the Commissioner or a Deputy Commissioner, no money shall be accepted on account, or in part payment, of the charge.

Postage to be prepaid.

23. The postage on every return, statement, communication, remittance or other matter sent by post addressed to the Commissioner, the Second Commissioner or a Deputy Commissioner shall be fully prepaid by the sender.

Deficient postage.

24. When any sum is received in payment of the charge, the Commissioner or a Deputy Commissioner shall first deduct therefrom the amount of postage and surcharge (if any) paid upon unstamped or insufficiently stamped matter received through the post from the person liable to pay the charge and shall credit in payment of the charge the net amount then remaining.

Part V.—Legal Proceedings and Prosecutions.

Certificate as to failure to furnish a return.

25. In any proceedings against a person for failing or neglecting duly to furnish a return, a certificate in writing signed by the Commissioner, the Second Commissioner or a Deputy Commissioner, certifying that a return has not been received from, that person by any officer authorized by the Commissioner to receive returns at the place where, under these Regulations, the return should have been furnished, shall be prima facie evidence that the defendant has failed or neglected duly to furnish the return.

Certificate as to failure to furnish information.

26. In any proceedings against a person for failing or neglecting duly to furnish the Commissioner with any information required by the Commissioner in pursuance of section 22 of the Act, a certificate in writing signed by the Commissioner, the Second Commissioner or a Deputy Commissioner certifying—

(a) that the defendant was required by the Commissioner by notice in writing to furnish the Commissioner with the information; and

(b) that the defendant failed or neglected duly to furnish the Commissioner with the information as and when required by the Commissioner,

shall be prima facie evidence of the facts so certified.

Certificate as to service of notice of assessment.

27. In any action against a person for the recovery of the charge a certificate in writing, signed by the Commissioner, the Second Commissioner, or the Deputy Commissioner from whose office the notice of assessment was issued, certifying that—.

(a) the person named in the certificate is a person liable to pay the charge;

(b) an assessment of the charge was duly made against him;

(c) the particulars of the assessment are as stated in the certificate;

(d) notice of the assessment was duly served on him by post; and

(e) the sum named in the certificate was, at the date of the certificate, due by him to the King on behalf of the Commonwealth in respect of the charge;

shall be prima facie evidence of the facts stated in the certificate.

Certificate as to amount of charge due.

28. For the purposes of these Regulations, and in any action or proceeding in any court on a security lodged in pursuance of these Regulations, a certificate in writing signed by the Commissioner, the Second Commissioner or the Deputy Commissioner in whose office the security was lodged, certifying that—

(a) the sum stated in the certificate was, at the date of the certificate, due by any person to the King on behalf of the Commonwealth in respect of the charge;

(b) that a demand was made upon that person for payment of the amount stated therein and that the demand was not complied with, or was only partly complied with to the extent stated in the certificate; and

(c) that the conditions of the security have not been complied with,

shall be prima facie evidence of the facts stated in the certificate.

Evidence by affidavit.

29. In any action for the recovery of the charge evidence may be given by affidavit, and the Court may require the deponent to attend for the purpose of being cross-examined.

Defendant to have right of trial in High or State Court.

30.—(1.) The election which may be exercised by a defendant in pursuance of section 56 of the Act may be exercised by serving on the Commissioner (or the Deputy Commissioner, if the prosecution has been instituted by a Deputy Commissioner), and filing in the court in which the prosecution was instituted, a notice in accordance with Form 6.

(2.) The Commissioner shall exercise his option under section 56 of the Act by serving on the defendant, and filing in the court in which the prosecution was instituted, a notice specifying the court to which the case is to be removed.

(3.) The proper officer of the court in which the prosecution was instituted shall, forthwith after the Commissioner has exercised his option in accordance with sub-regulation (2). of this regulation, forward all documents relating to the prosecution to the court to which the prosecution is to be removed.

Where prosecution may be instituted.

31. A prosecution under section 43 of the Act for any of the following offences, namely:—

(a) failing or neglecting duly to furnish a return;

(b) failing or neglecting to furnish the Commissioner with any information required by the Commissioner in pursuance of section 22 of the Act; or

(c) making or delivering a return which is false in any particular, or making a false answer, whether orally or in writing,

may, at the option of the prosecutor, be instituted either—

(i) in a Court of Summary Jurisdiction having jurisdiction at the place where, under these Regulations, the return or information is to be furnished; or

(ii) in a Court of Summary Jurisdiction having jurisdiction at or nearest to the usual or last-known place of business or abode of the defendant.

Part VI.—Securities.

Securities.

32.—(1.) In any case where, in the opinion of the Commissioner, it is necessary fo

This is an opening excerpt, not the complete document.