IRON AND STEEL PRODUCTS BOUNTY.

No. 29 of 1922.

An Act to provide for the Payment of Bounty on the Manufacture in the Commonwealth of certain Iron and Steel Products.

[Assented to 18th October, 1922.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Iron and Steel Products Bounty Act 1922.

Definitions.

2. In this Act, unless the contrary intention appears—

“Fencing wire” means iron or steel fencing wire of gauges Nos. 8 to 14, both gauges inclusive, for use only as fencing wire without further manufacture, or for such purposes as fencing wire of those gauges may for the time being be admitted under Departmental By-laws under the provisions of Item 136 (e) (2) of the Customs Tariff 1921–1922;

“Galvanized sheets” mean iron and steel plate and sheet galvanized, whether corrugated or not;

“Tariff Board” means the Tariff Board appointed under the Tariff Board Act 1921;

“Traction engine” means any engine commercially known as a “tractor” or “traction engine”;

“Wire netting” means iron or steel wire woven in hexagon shaped mesh, of the type commercially known as wire netting.

Authority to pay bounty.

3. The Governor-General may, subject to this Act authorize the payment out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose, of bounty, according to the rates set out in the Schedule to this Act, on fencing wire, galvanized sheets, traction engines, and wire netting, manufactured in Australia and

delivered from the factory on or after the fourteenth day of September, One thousand nine hundred and twenty-two:

Provided that the rates of bounty payable on any fencing wire, galvanized sheets, traction engines, or wire netting, delivered from the Australian factory after the introduction of a Customs Tariff bringing into operation increased duties of Customs on any of those articles, shall be decreased by an amount, in the opinion of the Minister, after inquiry and report by the Tariff Board, corresponding to the amount by which the respective duties of Customs are increased.

Restrictions on payment of bounty.

4.—(1.) No bounty shall be authorized to be paid under this Act on any article named in this section manufactured or supplied or to be manufactured or supplied under a contract containing a term or condition permitting or providing for the deduction of the amount of the bounty or any part thereof from the price or moneys payable for the article.

(2.) No bounty shall be authorized to be paid under this Act on fencing wire, galvanized sheets, traction engines, or wire netting unless those goods are manufactured from materials produced and manufactured in Australia:

Provided that in the event of such circumstances arising as would, in the opinion of the Minister, after inquiry and report by the Tariff Board, warrant the use of material, other than that produced and manufactured in Australia, for the manufacture in Australia of any goods on the manufacture of which bounty is payable under this Act, the Minister may authorize that material to be so used, and the goods on which bounty is payable made from that imported material, or partly from Australian material and partly from such imported material shall not be excluded from the payment of bounty under this Act by reason of the use or part use of that imported material:

Provided further that whenever the Minister authorizes the use of imported material, he shall, within thirty days from the date of the authority, cause a statement of the reasons therefor to be laid before both Houses of the Parliament if the Parliament is then sitting, or, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament, and if either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after such statement has been laid before such House, disallowing such authority, it shall thereupon cease to have effect.

Limit of annual amount of bounty.

5.—(1.) The total amount of bounty authorized to be paid under this Act in any one financial year shall not exceed the sum of Two hundred and fifty thousand pounds.

(2.) When the maximum amount of bounty which may be paid in any year has not been paid in that year, the unpaid balance, or any part thereof, may be paid in any subsequent year in addition to the maximum amount for that year.

Proof of good quality and compliance with Act to be furnished.

6. No bounty shall be authorized to be paid to any person other than the manufacturer of the fencing wire, galvanized sheets, traction engines, or wire netting in respect of which bounty is claimed, nor unless the manufacturer thereof furnishes proof to the satisfaction of the Minister that the goods in respect of which bounty is claimed are of good and merchantable quality, and that the requirements of this Act and the Regulations have been complied with.

Audit of books, &c., of company claiming bounty.

7. The accounts, books, and documents of any person, firm, or company claiming bounty under this Act shall be subject to examination and audit by an auditor appointed or authorized by the Minister.

Sale of goods at reasonable price.

8. If, after inquiry and report by the Tariff Board, the Minister is of opinion that the manufacturer of any goods on which bounty is payable under this Act is not selling those goods at a reasonable price, having regard to the fact that bounty on those goods is provided by this Act, the Minister may withhold payment of the bounty or so much thereof as he thinks fit.

Reduction of bounty where profits exceed fifteen per centum.

9. If the net profits of any person, firm, or company claiming bounty under this Act exceed, in any year, fifteen per centum on the capital employed in respect to the business in connexion with which bounty is payable, the Minister may, after inquiry and report by the Tariff Board, withhold so much of the bounty payable as will reduce such net profits for that year to fifteen per centum on the capital employed in the business.

Conditions of employment and rates of wages.

10.—(1.) The Minister may make application to the President of the Commonwealth Court of Conciliation and Arbitration for a declaration as to what wages and conditions of employment are fair and reasonable for labour employed in the manufacture of fencing wire, galvanized sheets, traction engines, or wire netting.

(2.) On the hearing and determination of the application, the President shall have all the powers which under the Excise Procedure Act 1907 belong to the President of the Commonwealth Court of Conciliation and Arbitration, and all witnesses and persons summoned to appear or appearing before him shall be entitled to the same privileges and protection, and be subject to the same liabilities and penalties, as witnesses or persons summoned to appear or appearing before the President on an application within the meaning of that Act, and the provisions of that Act shall, so far as they are applicable, apply accordingly, mutatis mutandis, as if the application were an application within the meaning of that Act.

(3.) Every person who claims the bounty payable under this Act shall, in making his claim, certify to the Minister the conditions of employment and the rates of wages paid to any labour employed by him other than the labour of members of his family.

(4.) If the Minister finds that the rates of wages and conditions of employment or any of them—

(a) are below the rates and conditions declared, as in the first sub-section of this section mentioned, to be fair and reasonable; or

(b) are below the standard rates and conditions of employment prescribed by the Commonwealth Court of Conciliation and Arbitration, or the determination of any State industrial authority,

the Minister may withhold the whole or any part of the bounty payable.

Offences against Act.

11. No person shall—

(a) obtain any bounty which is not payable;

(b) obtain payment of the bounty by means of any false or misleading statement; or

(c) present to any officer doing duty in relation to this Act or the Regulations, any document, or make to any such officer any statement, which is false in any particular.

Penalty: Five hundred pounds or imprisonment for twelve months.

Return to be laid before Parliament.

12. A return setting forth—

(a) the names of all persons to whom bounty was paid during the preceding financial year;

(b) the amounts of all such bounty;

(c) the names of the places and States in which the goods were produced; and

(d) the number of persons employed in each of the works, wages paid, and hours of labour observed in the production of the goods,

shall be prepared in the month of July in each year and shall be laid before both Houses of the Parliament within thirty days after its preparation if the Parliament is then sitting, and, if not, then within thirty days after the next meeting thereof.

Regulations.

13. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act and in particular for any of the following purposes:—

(a) for prescribing the minimum quantity of fencing wire, galvanized sheets, traction engines, or wire netting to be manufactured and delivered to entitle the manufacturer to claim the bounty;

(b) for prescribing the proportion in which bounty shall be payable to claimants who have complied with the prescribed conditions, in cases where there is not sufficient money available to pay the full bounty in respect of all the claims; and

(c) for providing for the inspection of the process of manufacture for the purpose of ascertaining and reporting on the cost of production and manufacture.

THE SCHEDULE.