An Act to provide for the payment of bounty on the production of certain paper.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Bounty (Paper) Act 1979.

Commencement

2. This Act shall be deemed to have come into operation on 6 February 1979.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“authorized person” means a person who is an authorized person for the purposes of this Act by virtue of an appointment under section 15;

“bountiable coated paper” means coated paper—

(a) the substance of which is greater than 22 grams per square metre but is not greater than 67 grams per square metre; and

(b) that contains more than 50%, or such other percentage as is prescribed, by weight of mechanical pulp;

“bountiable paper” means bountiable coated paper or bountiable uncoated paper;

“bountiable uncoated paper” means uncoated paper—

(a) that is not machine glazed;

(b) at least one side of which is of a prescribed brightness;

(i) greater than 22 grams per square metre but less than 34 grams per square metre; or

(ii) greater than 40 grams per square metre but not greater than 205 grams per square metre;

(d) that contains more than 55% by weight of mechanical pulp; and

(e) that, when tested by the one-minute Cobb method, absorbs not more than 45 grams of water per square metre;

“bounty” means bounty under this Act;

“Collector” means a Collector of Customs for a State or Territory;

“Comptroller-General” means the Comptroller-General of Customs;

“Customs Tariff Act” means the Customs Tariff Act 1966 as in force immediately before the commencement of this Act;

“prescribed brightness” means a brightness of not less than 40 on a scale of brightness of equal grades 0 to 100 measured by a machine used in the paper industry for the purpose of measuring brightness on such a scale, being a machine approved by the Comptroller-General for the purpose of this definition;

“prescribed printed matter” means goods of a kind to which, for the purposes of the Customs Tariff Act, an item in Chapter 49 of Division X of Part II of Schedule 1 of that Act applies;

“registered premises” means premises registered by the Minister under section 12.

(2) For the purposes of this Act—

(a) the manufacture of bountiable paper shall be taken to commence with, and to include, the pulping of the wood, paper or other matter from which the paper is made; and

(b) the manufacture of bountiable paper shall not be taken to include any cutting of the paper into sheets for the purpose of selling that paper as sheets.

(3) Where bounty becomes payable in respect of bountiable paper and the sale of the paper referred to in paragraph 6(3)(b) took place in a period to which this Act applies, the bounty shall, for the purposes of this Act, be deemed to have become payable in respect of that paper during that period.

Periods to which Act applies

4. The period of 12 months commencing on 6 February 1979 and ending on 5 February 1980 and each of the 7 next succeeding periods of 12 months are periods to which this Act applies.

Uniformity

5. 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 (iii) of section 51 of the Constitution.

Specification of bounty

6. (1) Bounty is payable in accordance with this Act on the production in Australia of bountiable paper.

(2) Bounty in respect of bountiable paper is payable to the manufacturer of the paper.

(3) A manufacturer is not entitled to receive a payment of bounty in respect of bountiable paper unless—

(a) the manufacture of the bountiable paper has been carried out at registered premises and has been completed during a period to which this Act applies; and

(b) during that period or a later period to which this Act applies, the paper has been sold by the manufacturer for use in the production in Australia of—

(i) in the case of bountiable coated paper—prescribed printed matter other than newspapers; and

(ii) in the case of bountiable uncoated paper—prescribed printed matter other than newspapers or telephone directories.

Rate of bounty

7. The rate at which bounty is payable in respect of bountiable paper is—

(a) in the case of bountiable coated paper—$90 per tonne of the weight of the paper at the time of its sale by the manufacturer; and

(b) in the case of bountiable uncoated paper—$70 per tonne of the weight of the paper at the time of its sale by the manufacturer.

Limit of available bounty

8. (1) The amount available for payment of bounty in respect of bountiable paper in respect of which bounty becomes payable during a period to which this Act applies is $2,500,000.

(2) Where the amount available for the payment of bounty in respect of bountiable paper in respect of which bounty becomes payable during a period to which this Act applies is insufficient for the payment in full of all valid claims in respect of that bountiable paper, 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.

(3) If the Minister is of the opinion that the amount available for the payment of bounty in respect of bountiable paper in respect of which bounty becomes payable during a period to which this Act applies will be insufficient for the payment in full of all valid claims in respect of that bountiable paper 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

9. (1) An advance on account of bounty may be made to a person on such terms and conditions as are approved by the Minister.

(2) If, at the expiration of a period to which this Act applies, a person has received during that period, by way of advance on account of bounty, an amount greater than the amount of bounty that became payable to him under this Act during that period, he is liable to repay to the Commonwealth the amount of the excess, and that amount may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.

Good quality essential

10. Bounty is not payable in respect of bountiable paper unless the Comptroller-General is satisfied that it is of good and merchantable quality.

Approval of payment of bounty

11. Where an application for bounty in respect of bountiable paper is lodged in accordance with the regulations, the Minister shall—

(a) if he is satisfied that bounty is payable in respect of that paper— approve the payment of the bounty; or

(b) if he is not so satisfied—refuse to approve payment of the bounty.

Registration of premises

12. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connexion with the manufacture at registered premises of bountiable paper.

(2) Where a person carries on, or proposes to carry on, the manufacture at any premises of bountiable paper, he may apply to the Minister for registration of those premises for the purposes of this Act.

(3) If conditions have been prescribed under sub-section (1), the Minister shall not register the premises unless he is satisfied that those conditions have been, or will be, complied with.

(4) The Minister may require the applicant to furnish such information as the Minister considers necessary for the purposes of this Act, and may refuse to register the premises until the information is furnished to his satisfaction.

(5) Where an applicant under this section was not, on 17 October 1978, engaged in the manufacture of bountiable paper at the premises to which the application relates, the Minister shall refuse to register the premises unless, in the opinion of the Minister, the registration of the premises would promote the orderly development of the manufacture in Australia of bountiable paper.

(6) Subject to sub-sections (3), (4) and (5), if, in the opinion of the Minister, bountiable paper is, or is proposed to be, manufactured at the premises in respect of which the application is made, he shall register those premises for the purposes of this Act.

(7) If the Minister so determines, the registration shall be deemed to have taken effect on and from a date specified by the Minister, which, in the case of the registration of premises at which the manufacture of bountiable paper was carried out before 17 October 1978, may be a date earlier than 6 February 1979.

(8) Where the Minister is satisfied, in respect of any registered premises—

(a) that bountiable paper is not being manufactured at the premises;

(b) that the manufacture of bountiable paper at the premises is not being carried on by the person who applied for the registration of the premises; or

(c) if any conditions have been prescribed under sub-section (1), that bountiable paper that is being manufactured at registered premises is being manufactured otherwise than in accordance with those conditions,

the Minister may, by notice in writing served either personally or by post on the occupier of the premises, and, if the occupier is not the person who applied for the registration of the premises, on that person, cancel the registration of the premises.

(9) 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 (8) of this section, such a notice posted as a letter addressed to the occupier, or to the person who applied for the registration of the premises, at the registered premises shall be deemed to be properly addressed.

Accounts

13. 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 manufacture and sale of bountiable paper and such other information in relation to the paper as the Minister requires.

Securities

14. The Minister may require a manufacturer of bountiable paper 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 the manufacturer is not entitled to bounty unless he gives security accordingly.

Appointment of authorized persons

15. The Minister may, by writing signed by him, appoint a person to be an authorized person for the purposes of this Act.

Stocktaking and inspection of manufacture and accounts, &c.

16. (1) For the purposes of this Act, an authorized person may, at all reasonable times, enter—

(a) registered premises; or

(b) premises where there is stored bountiable paper in respect of which bounty has been claimed, or, in the opinion of the authorized person, is likely to be claimed,

and may—

(d) inspect any process in the manufacture of any bountiable paper; and

(e) inspect the accounts, books, documents and other records relating to the manufacture, storage, sale or use of bountiable paper.

(2) The occupier or person in charge of registered premises, or of premises referred to in paragraph (1)(b), shall provide the authorized person with all reasonable facilities and assistance for the effective exercise of his powers under this section.

Penalty: $100.

Power to require persons to answer questions and produce documents

17. (1) The Comptroller-General, a Collector or an authorized person 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 manufacture, storage, sale or use of bountiable paper 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 manufacture, storage, sale or use of bountiable paper as are referred to in the notice.

(2) The Comptroller-General, a Collector or an authorized person may make and retain copies of, or extracts from, any accounts, books, documents or other records produced in pursuance of this section.

(3) A person is not excused from answering a question or producing any accounts, books, documents or other records when required so to do 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 is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph 19(1)(c) or 19(2)(c).

(4) Where a manufacturer, or a person employed by a manufacturer, 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 manufacturer, unless the Minister otherwise directs, until the manufacturer or that person 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.

18. (1) The Comptroller-General, a Collector or an authorized person may examine, on oath or affirmation, a person attending before him in pursuance of section 17 and, for that purpose, may administer an oath or affirmation to that 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 him will be true.

Offences

19. (1) A person shall not, without reasonable excuse, refuse or fail—

(a) to attend before the Comptroller-General, a Collector or an authorized person;

(b) to be sworn or make an affirmation; or

when so required in pursuance of this Act.

Penalty: $1,000 or imprisonment for 3 months.

(2) A person shall not—

(a) knowingly obtain or attempt to obtain bounty that is not payable;

(b) obtain or attempt to obtain payment of bounty by means of a statement that he knows to be false or misleading or by means of a document which to his knowledge contains information that is false or misleading; or

(c) make to an officer or other person doing duty in relation to this Act or the regulations, a statement that is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 3 months.

(3) Where a person is convicted of an offence against sub-section (2), 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.

(4) Where a court has made an order under sub-section (3), 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 payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.

Return for Parliament

20. (1) The Comptroller-General shall, as soon as practicable after the end of each period to which this Act applies in which bounty is payable, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that year;

(b) the amount of bounty paid to each person in that year and the quantity of the bountiable paper in respect of which the bounty was paid; and

(2) The Minister shall cause a copy of the return to be tabled in each House of the Parliament within 15 sitting days of that House after the return is received by him.

Delegation

21. (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 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.

Applications for review

22. Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a decision of the Comptroller-General made for the purposes of section 10;

(b) an approval of the Minister given under section 11 or a refusal of the Minister to give an approval under that section;

(d) a determination by the Minister made for the purposes of sub-section 12(7) or a refusal of the Minister to make a determination for the purposes of that sub-section;

(e) a decision of the Minister made for the purposes of sub-section 12(8); or

(f) a requirement of the Minister under section 14.

Appropriation

23. Bounty is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Regulations

24. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing—

(a) the manner in which, and the time within which, applications for bounty shall be made;

(b) the information to be furnished by applicants in connexion with applications for bounty; and