Commonwealth Numbered Acts

BOUNTY (SHIPS) AMENDMENT ACT 1985 No. 76 of 1985 - SECT 11

11. Section 9 of the Principal Act is repealed and the following sections are
substituted: Claims for payment of bounty

"9. (1) A person who claims to be entitled to be paid an amount of bounty in
respect of the construction or modification of a bountiable vessel may lodge a
claim for payment of the amount.

"(2) The claim shall-

   (a)  be in accordance with the appropriate approved form;

   (b)  include such information as is, and such estimates as are, required by
        the form;

   (c)  be signed and witnessed as required by the form; and

   (d)  be lodged with-

        (i)    the Collector for the State or Territory in which the
               construction or modification of the vessel was completed; or

        (ii)   if there is no such Collector, the Comptroller-General,
within 12 months after the completion of the construction or modification of
the vessel.



"(3) As soon as practicable after the lodgment of the claim, but subject to
sub-section 6A (2), the Comptroller-General shall, after examining the claim
and causing such inquiries as the Comptroller-General considers necessary to
be made (including inquiries under sections 14 and 15)-

   (a)  in a case where the Comptroller-General is satisfied that the claim
        complies with sub-section (2) and that the claimant is, or, if certain
        estimates are correct, is, otherwise entitled to be paid an amount of
        bounty in respect of the vessel-approve, in writing, payment of the
        amount; or

   (b)  in any other case-refuse, in writing, to approve payment of bounty in
        respect of the vessel.



"(4) Where the Comptroller-General makes a decision under sub-section (3) in
relation to a claim, not being a decision made within 30 days after the
lodging of the claim and approving payment of the amount of bounty claimed,
the Comptroller-General shall cause to be served on the person who lodged the
claim a notice in writing setting out the decision. Variation of inadequate
claims

"9A. (1) Where a person who has lodged a claim under section 9 in respect of a
bountiable vessel (whether or not the claim has been dealt with under
sub-section 9 (3)) considers that the claim was, by reason of an inadvertent
error, a claim for an amount of bounty in respect of the vessel that was less
than the amount of bounty that the person was entitled to claim in respect of
the vessel, the person may lodge a claim for payment of the difference between
the 2 amounts.

"(2) The claim shall-

   (a)  be in accordance with the appropriate approved form;

   (b)  include such information as is, and such estimates as are, required by
        the form;

   (c)  be signed and witnessed as required by the form; and

   (d)  be lodged with-

        (i)    the Collector for the State or Territory in which the
               construction or modification of the bountiable vessel was
               completed; or

        (ii)   if there is no such Collector, the Comptroller-General,
within 12 months after the completion of the construction or modification of
the vessel.



"(3) Where a claim under sub-section (1) relates to a claim under section 9
that has not been dealt with under sub-section 9 (3), the 2 claims shall be
dealt with under sub-section 9 (3) as if they were the one claim under
section  9. 

"(4) As soon as practicable after the lodgment under sub-section (1) of a
claim to which sub-section (3) does not apply, but subject to sub-section 6A
(2), the Comptroller-General shall, after examining the claim and causing such
inquiries as the Comptroller-General considers necessary to be made (including
inquiries under sections 14 and 15)-

   (a)  in a case where the Comptroller-General is satisfied that the claim
        complies with sub-section (2) and that the claimant is, or, if certain
        estimates are correct, is, otherwise entitled to be paid an additional
        amount of bounty in respect of the bountiable vessel to which the
        claim relates-approve, in writing, payment of the additional amount;
        or

   (b)  in any other case-refuse, in writing, to approve payment of an
        additional amount of bounty in respect of the bountiable vessel to
        which the claim relates.



"(5) Where the Comptroller-General makes a decision under sub-section (4) in
relation to a claim, not being a decision made within 30 days after the
lodging of the claim and approving payment of the additional amount claimed,
the Comptroller-General shall cause to be served on the person who lodged the
claim a notice in writing setting out the decision. Variation of excessive
claims

"9B. (1) Where a person who has lodged a claim under section 9 in respect of a
bountiable vessel (whether or not the claim has been dealt with under
sub-section 9 (3)) becomes aware that the claim is, by reason of an
inadvertent error, a claim for an amount of bounty that exceeds by more than
$100 the amount of bounty that the person was entitled to claim in respect of
the vessel, the person shall, within 28 days after discovering the error,
lodge an acknowledgment of the error, being an acknowledgment that complies
with sub-section (2), with-

   (a)  the Collector for the State or Territory in which the construction or
        modification of the vessel was completed; or

   (b)  if there is no such Collector, the Comptroller-General.

Penalty: $1,000.



"(2) An acknowledgment under sub-section (1) shall-

   (a)  be in accordance with the appropriate approved form;

   (b)  include such information as is, and such estimates as are, required by
        the form; and

   (c)  be signed and witnessed as required by the form.



"(3) Where an acknowledgment under sub-section (1) relates to a claim under
section 9 that has not been dealt with under sub-section 9 (3), the claim
shall be dealt with under sub-section 9 (3) as if it had been amended in
accordance with the acknowledgment.

"(4) Where the Comptroller-General, after examining an acknowledgment under
sub-section (1) to which sub-section (3) does not apply and causing such
inquiries as the Comptroller-General considers necessary to be made (including
inquiries under sections 14 and 15), is satisfied that there has been an
overpayment of a claim by more than $100, the Comptroller-General shall cause
to be served on the person who lodged the claim a demand for the repayment of
the amount of the overpayment, and the person is liable to repay that amount
to the Commonwealth. Shipbuilders to furnish returns of costs

"9C. (1) A shipbuilder shall, within 6 months after the end of each accounting
period of the shipbuilder that falls, or part of which falls, within the
period to which this Act applies, lodge a return setting out particulars of
the cost incurred by the shipbuilder in the accounting period in relation to
the construction or modification of bountiable vessels, being a return that
complies with sub-section (2), with-

   (a)  the Collector for-

        (i)    the State or Territory in which the construction or
               modification of the bountiable vessels was completed; or

        (ii)   a State or Territory in which the construction or modification
               of one or some of the bountiable vessels was completed,
as the case requires; or

   (b)  if there is no such Collector, the Comptroller-General.



"(2) A return under sub-section (1) shall-

   (a)  be in accordance with the appropriate approved form;

   (b)  include such information as is, and such estimates as are, required by
        the form; and

   (c)  be signed and witnessed as required by the form.



"(3) The Comptroller-General may, by notice in writing served on the
shipbuilder, require the shipbuilder to lodge with the Comptroller-General,
within the period specified in the notice (not being a period of less than one
month), a certificate, signed by a qualified accountant approved by the
Comptroller-General in writing for the purpose, to the effect that the
particulars set out in the return are correct.

"(4) Without limiting the generality of sub-section (3), the
Comptroller-General, in considering whether the shipbuilder should be required
to furnish a certificate under that sub-section, shall have regard to-

   (a)  the extent of the claims for bounty made by the shipbuilder in the
        relevant accounting period of the shipbuilder;

   (b)  the expense involved in obtaining the certificate; and

   (c)  the relativity of those claims with that expense.



"(5) The Comptroller-General shall not refuse to approve a qualified
accountant for the purposes of sub-section (3) unless the Comptroller-General
is satisfied that it is not appropriate to approve the accountant because of
an association between the accountant and the shipbuilder or an associate of
the shipbuilder.

"(6) A shipbuilder shall not-

   (a)  refuse or fail to comply with sub-section (1) to the extent that the
        shipbuilder is capable of complying with that sub-section; or

   (b)  refuse or fail to comply with a notice under sub-section (3) to the
        extent that the shipbuilder is capable of complying with the notice.

Penalty: $1,000.



"(7) A shipbuilder shall not-

   (a)  lodge a return under sub-section (1) that is, to the knowledge of the
        shipbuilder, false or misleading in a material particular; or

   (b)  lodge a certificate, being a certificate lodged pursuant to a notice
        under sub-section (3), that is, to the knowledge of the shipbuilder,
        false or misleading in a material particular.

Penalty for contravention of this sub-section: $1,000 or imprisonment for 6
months, or both. Adjustment of claims following returns

"9D. (1) Where the particulars of cost set out in a return under section 9C in
relation to an accounting period of a shipbuilder show a difference between
that cost and a cost, or an estimate of cost, on which claims for bounty
lodged in respect of that period by the shipbuilder were based, not being a
cost determined under section 4A, the shipbuilder shall lodge with the return
a statement in respect of the difference, being a statement that complies with
sub-section (2).
Penalty: $1,000.

"(2) The statement shall-

   (a)  be in accordance with the appropriate approved form;

   (b)  include such information as is required by the form; and

   (c)  be signed and witnessed as required by the form.



"(3) Where a statement under sub-section (1) is lodged by a shipbuilder in
relation to an accounting period of the shipbuilder, the Comptroller-General
shall, after examining the statement and causing such inquiries as the
Comptroller-General considers necessary to be made (including inquiries under
sections 14 and 15)-

   (a)  in a case where the Comptroller-General is satisfied that the
        statement complies with sub-section (2) and that the shipbuilder is
        entitled to be paid an additional amount of bounty in respect of the
        construction or modification of bountiable vessels for which claims
        for bounty were lodged in respect of the accounting period-approve, in
        writing, payment of the additional amount;

   (b)  in a case where the Comptroller-General is satisfied that there has
        been an overpayment of bounty by more than $100 in respect of claims
        lodged by the shipbuilder in respect of the accounting period-cause to
        be served on the shipbuilder a demand for the repayment of the amount
        of the overpayment, and the shipbuilder is liable to repay that amount
        to the Commonwealth; or

   (c)  in any other case-refuse, in writing, to adjust payments of bounty
        made in respect of claims lodged by the shipbuilder in respect of the
        accounting period.



"(4) Where the Comptroller-General makes a decision under sub-section (3) in
relation to a statement under sub-section (1), the Comptroller-General shall
cause to be served on the shipbuilder who lodged the statement a notice in
writing setting out the decision. Other adjustments of claims

"9E. If the Comptroller-General becomes satisfied, otherwise than after
examining-

   (a)  an acknowledgment under sub-section 9B (1); or

   (b)  a statement under sub-section 9D (1), that there has been an
        overpayment of a claim for bounty by more than $100, the
        Comptroller-General shall cause to be served on the shipbuilder who
        lodged the claim a demand for repayment of the amount of the
        overpayment, and the shipbuilder is liable to repay the amount to the
        Commonwealth. Recovery of repayments

"9F. (1) Where a shipbuilder is liable to repay an amount to the Commonwealth
under section 8, 9B, 9D or 9E, the Commonwealth may, by action in a court of
competent jurisdiction, recover the amount as a debt due to the Commonwealth.

"(2) Where a shipbuilder is liable to repay an amount to the Commonwealth
under section 8, 9B, 9D or 9E, the amount may be deducted from any other
amount payable to the person under this Act and, where the first-mentioned
amount is so deducted, the first-mentioned amount shall be taken to be reduced
by the amount so deducted and the other amount shall, notwithstanding the
deduction, be taken to have been paid in full to the person.".