Commonwealth Numbered Acts

BOUNTY (REFINED TIN) ACT 1980 No. 46 of 1980 - SECT 3

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



"Australian tin concentrate" means tin concentrate other than tin concen-
trate-

   (a)  imported into Australia; or

   (b)  prepared by dressing tin ore imported into Australia;



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



"base period" means the period of twelve months that commenced on 1 July 1978;



"bountiable refined tin" means ingots that contain not less than 99.7% by
weight of tin;



"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;



"period to which this Act applies" means the period that commenced on 1
January 1980 and ends on 31 December 1982;



"prepared", in relation to tin concentrate, means prepared by dressing tin
ore;



"prescribed miner", in relation to a smelter, means a person who prepared
Australian tin concentrate supplied to that smelter during the base period;



"prescribed tin concentrate" has the meaning given by section 4;



"refining", in relation to tin concentrate, includes smelting or otherwise
processing the tin concentrate;



"registered premises" means premises registered under section 12;



"smelter" means a person who produces bountiable refined tin;



"tin concentrate" means material prepared by dressing tin ore.

(2) For the purposes of this Act, where slag or other waste resulting from the
refining of tin concentrate by a smelter is used by him in the production of
ingots, that use shall be taken to be a process in the refining of that tin
concentrate.

(3) For the purposes of this Act, where tin concentrate supplied to a smelter
during the period to which this Act applies was prepared by a business
associate of a prescribed miner, that concentrate shall be taken to have been
prepared by that prescribed miner.

(4) For the purposes of this Act, two 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

   (c)  another person has an interest, whether direct or indirect, in the
        business or property of each of them.

(5) For the purposes of paragraph (4) (c), a person shall not be taken to have
an interest in a business or property by reason only that he has a beneficial
interest in shares or stock in the capital of a company or other body
associated with that business or property if the total nominal value of those
shares or that stock, as the case may be, does not exceed one-fifth of the
total nominal value of the issued share capital or stock, as the case may be,
of the company or other body.