(d) a bountiable steel bar;

(e) a bountiable steel billet;

(f) a bountiable steel piece; or

(g) a bountiable steel slab;

“bountiable stainless steel bar” means a product that—

(a) consists of stainless steel;

(b) was produced by cold-drawing a coiled prescribed stainless steel bar; and

(i) is of a prescribed shape; and

(ii) has a dimension exceeding 13 mm;

“bountiable stainless steel plate” means a product that—

(a) consists of stainless steel;

(b) was produced by annealing and descaling—

(i) a prescribed coil; or

(ii) any other product that consisted of stainless steel and was produced from a prescribed ingot that consisted of stainless steel,

not being a coil or product that had been previously annealed or descaled; and

“bountiable stainless steel sheet” means a product (whether coiled or uncoiled) that—

(a) consists of stainless steel;

(b) was produced by cold-rolling a prescribed coil; and

“bountiable steel bar” means a product that—

(a) consists of prescribed steel;

(b) was produced from a prescribed ingot that consisted of prescribed steel by hot-rolling, cold-drawing or forging—

(i) that ingot; or

(ii) a product that consisted of prescribed steel and was produced from that ingot; and

(i) is of a prescribed shape; and

(ii) in the case of a product that was produced by cold-drawing—has a dimension exceeding 13 mm,

but does not include a bountiable stainless steel bar, a bountiable steel billet, a bountiable steel piece or a bountiable steel slab;

“bountiable steel billet” means a product that—

(a) consists of prescribed steel;

(b) is semi-finished;

(d) is a solid that has a rectangular cross-section—

(i) the area of which exceeds 1,225 mm2; and

(ii) the factor obtained by dividing the thickness of which by the width of which exceeds 0.25; and

(e) is intended to be further hot-rolled or forged,

but does not include a bountiable steel piece;

“bountiable steel piece” means a product that—

(a) consists of prescribed steel;

(b) is semi-finished;

(d) is of a crude shape that is intended for further substantial shaping by forging or machining, being forging or machining that would affect all of the surfaces of the product;

“bountiable steel slab” means a product that—

(a) consists of prescribed steel;

(b) is semi-finished;

(i) a prescribed ingot that consisted of prescribed steel; or

(ii) a bountiable steel billet; and

(d) is a solid that has a rectangular cross-section—

(i) the thickness of which is not less than 6 mm;

(ii) the width of which is not less than 150 mm; and

(iii) the factor obtained by dividing the thickness of which by the width of which does not exceed 0.25,

but does not include a bountiable steel billet or a bountiable steel piece;

“bounty” means bounty under this Act;

“bounty period” means the period commencing on 1 January 1983 and ending on 31 December 1983 or on such earlier date as the Minister, by notice published in the Gazette before that last-mentioned date, fixes as the date after which bounty is not to become payable under this Act;

“Collector” has the same meaning as in the Customs Act 1901;

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

“descaling” means descaling by pickling;

“drawn” includes extruded;

“high alloy steel” means steel (whether or not stainless steel) that contains, by mass—

(a) not less than 2% of manganese;

(b) not less than 2% of silicon;

(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 coil” means a product—

(a) that consists of stainless steel;

(b) that is coiled and semi-finished;

(d) that is a solid that has a rectangular cross-section—

(i) the thickness of which is not less than 1.5 mm; and

(ii) the width of which exceeds 500 mm;

(e) the mass of which is not less than 0.5 tonnes; and

(f) that is intended for re-rolling;

“prescribed ingot” means an ingot that was produced in Australia by casting metal melted in an electric arc furnace;

“prescribed shape” means any of the following shapes: circle; segment of a circle; oval; isosceles triangle; rectangle; hexagon; octagon; quadrilateral with 2 sides parallel and 2 sides equal in length but not parallel;

“prescribed stainless steel bar” means a product that—

(a) consists of stainless steel;

(b) was produced by hot-rolling; and

“prescribed steel” means high alloy steel or stainless steel;

“prescribed steps”, in relation to the production of a bountiable product, has the meaning given by section 4;

“producer”, in relation to a bountiable product, means the person who carried out all the prescribed steps in the production of the product;

“rectangle” includes square;

“registered premises” means premises registered by the Minister under section 11;

“stainless steel” means steel that contains, by mass—

(a) not less than 10.5% of chromium; and

(b) not more than 1.2% of carbon.

(2) 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 for a purpose other than the removal of impurities from the ingot 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 an ingot;

(ii) the last of those steps consisted of the forging, drawing, annealing, descaling or rolling that produced the product; 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 ingot and from that other product or those other products.

(3) For the purposes of this Act, a product (including an ingot) 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.

Prescribed steps

4. 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 a bountiable steel bar produced by forging or a bountiable steel piece—the step next following the production of the prescribed ingot from which the product was produced;

(ii) in the case of a bountiable stainless steel bar—the step next following the production of the coiled prescribed stainless steel bar from which the product was produced;

(iii) in the case of a bountiable stainless steel plate—the annealing or descaling of the coil or product from which the product was produced;

(iv) in the case of a bountiable stainless steel sheet—the step next following the production of the prescribed coil from which the product was produced; or

(v) in the case of any other bountiable product—the production of the prescribed ingot from which the product was produced; and

(b) end upon the completion of the last step in the forging, drawing, annealing, descaling or rolling that produced the product.

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 51 (iii) of the Constitution.

Specification of bounty

6. (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 product unless the Comptroller-General is satisfied that—

(a) all the prescribed steps in the production of the product were carried out—

(i) by the producer at registered premises; and

(ii) during the bounty period;

(b) the product was sold for use in Australia during the bounty period; and

(4) Where—

(a) by virtue of sub-section 11 (8), the Minister determines that the registration of premises shall be deemed to have taken effect on and from 1 January 1983; and

(b) the person who applied for the registration of the premises—

(i) was, on 1 January 1983, the owner of a bountiable product; and

(ii) had carried out all the prescribed steps in the production of the product at those premises before 1 January 1983,

that product shall, for the purposes of this Act, be deemed to be a product all the prescribed steps in the production of which were carried out by that person at the registered premises on 1 January 1983.

(5) Bounty is not payable in respect of any bountiable product produced, in whole or in part, from a bountiable product in respect of which bounty has been paid or is or becomes payable.

(6) 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).

(7) In sub-section (6), “State” includes the Northern Territory.

Amount of bounty

7. (1) The bounty payable in respect of a bountiable product is an amount equal to 5% of—

(a) the price paid or payable for the product; or

(b) if the Comptroller-General is satisfied that the amount of the price referred to in paragraph (a) 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—such an 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.

(2) Where the Comptroller-General makes a determination under paragraph (1) (b) determining an amount in relation to a bountiable product, he shall cause to be served, either personally or by post, on the producer of the product, notice in writing of that determination.

(3) For the purposes of this section, the price paid or payable for a bountiable product shall be taken to be the gross price that the purchaser is charged for that product less the amount of any rebate or discount allowable in respect of the price, not being a rebate or discount for cash payment or prompt payment.

(4) A reference in this section to the price paid or payable for a bountiable product includes a reference to a price paid or payable for the cost of any—

(a) heat treatment of the product;

(b) surface treatment of the product, including but without limiting the generality of the foregoing, any machining, polishing, grinding, shot blasting, annealing or pickling of the product;

(d) application of a protective coating to the product;

(e) marking of the product for the purposes of identifying the product;

(f) straightening or stretching of the product;

(g) cutting, slitting or sawing of the product—

(i) for the purpose of trimming the product;

(ii) into shorter lengths or narrower widths;

(iii) where the product is a bountiable stainless steel plate or a bountiable stainless steel sheet—in such a manner as to produce pieces of any shape; or

(iv) where the product is a bountiable product other than a bountiable product referred to in sub-paragraph (iii)—in such a manner as to produce pieces the largest surface of which—

(a) in the case of a product that is of a cross-section that is not a rectangular cross-section—is either rectangular or of the same shape and dimensions as that cross-section; or

(b) in any other case—is rectangular;

(h) packaging of the product for the purposes of transport or sale; or

(j) prescribed processing or treatment of the product,

carried out by the producer after the completion of the last step of the forging, drawing, annealing or descaling or rolling that produced the product, but does not include a reference to a price paid or payable for any delivery of the

product to a place other than any warehouse occupied by the producer or any registered premises registered in the name of the producer.

(5) Nothing in paragraphs (4) (a) to (h) (inclusive) shall be taken, by implication, to limit the generality of the processes or treatments that may be prescribed for the purposes of paragraph (4) (j).

(6) 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

Limit of available bounty

8. (1) The amount available for payment of bounty in respect of bountiable products is $3,000,000.

(2) Where the amount available for payment of bounty in respect of bountiable products is insufficient for the payment in full of all valid claims in respect of those bountiable products, 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 Comptroller-General is of the opinion that the amount available for the payment of bounty in respect of bountiable products will be insufficient for the payment in full of all valid claims in respect of those bountiable products, 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 year, a person has received an amount, by way of advances on account of bounty that may become payable to him during that year, greater than the amount of bounty that became payable to him during that year, he is liable to pay to the Commonwealth the amount of the excess.

(3) If a person receives, by way of advance 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 pay 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 pay to the Commonwealth the amount so received.

(5) Where a person is liable to pay 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 pay 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 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.

Approval of payment of bounty

10. (1) Where an application for bounty in respect of a bountiable product is lodged in accordance with the regulations, the Comptroller-General shall—

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

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

(2) Where the Comptroller-General makes a decision under sub-section (1) approving, or refusing to approve, payment of bounty to a producer of a bountiable product, he shall cause to be served on the producer of the product, either personally or by post, a notice in writing setting out that decision.

Registration of premises

11. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connection with the production at registered premises of bountiable products.

(2) Where a person carries on, or proposes to carry on, the production at any premises of bountiable products, he may apply to the Minister for the 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 7 February 1983, engaged in the production of bountiable products at the premises to which the application relates, the Minister shall refuse to register those premises unless, in the opinion of the Minister, the registration of those premises will promote the orderly development in Australia of the industry producing bountiable products.

(6) Where the Minister makes a decision under this section refusing to register premises he shall cause to be served, either personally or by post, on the applicant for registration, a notice in writing setting out that decision.

(7) Subject to sub-sections (3), (4) and (5), if, in the opinion of the Minister, bountiable products are, or are proposed to be, produced at the premises in respect of which the application is made, 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.

(8) If the Minister so determines, 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 1983.

(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,

the Minister shall, by notice in writing served, either personally or by post, on the second-mentioned person, transfer the registration of those premises to the name of the second-mentioned 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 the premises;

(b) that the production of bountiable products at the premises is not being carried on by the person in whose name those premises are registered; or

(c) if any conditions have been prescribed under sub-section (1), that bountiable products that are being produced at registered premises are being produced 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 in whose name those premises are registered, on that person, cancel the registration of the premises.

(11) 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 the registered premises shall be deemed to be properly addressed.

Accounts

12. 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 those bountiable products as the Minister, by notice in writing served, either personally or by post, on the person, requires.

Securities

13. 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.

Appointment of authorized officers

14. (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

to be an authorized officer, or authorized officers, for the purposes of this Act.

(2) In this section, “officer” means an officer of the Department.

Stock-taking and inspection of production and accounts, &c.

15. (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

(c) premises where there are kept any accounts, books, documents or other records relating to the production, storage, sale or use of a bountiable product,

and may—

(d) inspect or take stock of any bountiable product;

(e) inspect any process in the production of any bountable product; and

(f) inspect the accounts, books, documents and other records relating to the production (including the cost of production), sale or other disposal, or use, of a bountiable product,

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: $1,000.

Power to require persons to answer questions and produce documents

16. (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, or use of bountiable products 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, or use of bountiable products 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 produces an account, book, document or record in pursuance of a notice under sub-section (1) that, to the knowledge of that 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 copies of, or take 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 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, 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 18 (1) by virtue of paragraph 18 (1) (c) or sub-section 18 (3) by virtue of paragraph 18 (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, 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, until the producer 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.

17. (1) A Collector or an authorized officer may examine, on oath or affirmation, a person attending before him in pursuance of section 16 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

18. (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

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 16 (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 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.

(6) In this section, “bounty” includes an advance on account of bounty under section 9.

Return for Parliament

19. (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

(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 9.

Delegation

20. (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.

Applications for review

21. (1) Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a determination by the Comptroller-General made under paragraph 7 (1) (b);

(b) a decision of the Comptroller-General under section 10 approving, or refusing to approve, payment of bounty;

(c) a decision of the Minister under section 11 refusing to register premises, not being a refusal by virtue of sub-section 11 (5);

(d) a decision of the Minister under sub-section 11 (7), (9) or (10); or

(e) a requirement by the Minister under section 13.

(2) In sub-section (1), “decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Statement to accompany notification of decisions

22. (1) Where the Minister, a delegate of the Minister, the Comptroller-General or a delegate of the Comptroller-General, makes a decision, determination or requirement of a kind referred to in section 21 and gives to the person or persons whose interests are affected by the decision, determination or requirement notification in writing of the making of the decision, determination 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 decision, determination or requirement to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision, determination or requirement.

(2) Any failure to comply with the requirements of sub-section (1) in relation to a decision, determination or requirement does not affect the validity of the decision, determination or requirement.

Appropriation

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

Transitional

24. Sections 15, 16 and 18 do not operate so as to render unlawful anything done, or omitted to be done, before the day on which this Act receives the Royal Assent.

Regulations

25. (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) Without limiting the generality of sub-section (1), regulations may be made prescribing—

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

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

TABLE OF PROVISIONS