Commonwealth Numbered Acts

BOUNTY (METAL WORKING MACHINES AND ROBOTS) ACT 1985 No. 133 of 1985 - SECT 28

28. (1) Subject to this section, premises that are used solely or principally
for industrial or commercial purposes may be registered under this section for
the purposes of this Act.

(2) An application for the registration of premises under this section may be
made to the Comptroller-General, in writing, by a person who carries on, or
proposes to carry on, the production of bountiable equipment at those
premises.

(3) Subject to sub-sections (6), (7) and (8), where an application for the
registration of premises is made under sub-section (2) by a person who, in the
opinion of the Comptroller-General, carries on, or proposes to carry on, the
production of bountiable equipment at those premises, the Comptroller-General
shall -

   (a)  register those premises in the name of the applicant by signing a
        notice, in writing, specifying the date on which it was signed and
        stating that the premises have been so registered and causing that
        notice to be served, either personally or by post, on the applicant;
        or

   (b)  refuse to register those premises and cause a notice, in writing,
        stating that the Comptroller-General has refused to register those
        premises to be served, either personally or by post, on the applicant.

(4) The registration of premises under this section has effect from the day on
which the notice under paragraph (3) (a), in relation to the premises, is
signed, or such earlier day, not being a day earlier than 1 July 1985, as is
determined by the Comptroller-General and specified in that notice.

(5) A notice under sub-section (3) in relation to premises shall specify
whether the premises are registered under this section in relation to -

   (a)  all bountiable equipment; or

   (b)  a specified class, or specified classes, of bountiable equipment, and
        may specify a period as the period during which the premises are
        registered under this section.

(6) The regulations may prescribe conditions to be complied with in connection
with the production of bountiable equipment at registered premises.

(7) If conditions have been prescribed under sub-section (6), the
Comptroller-General shall not register premises under this section unless the
Comptroller-General is satisfied that the conditions have been, or will be,
complied with in respect of those premises.

(8) The Comptroller-General may require an applicant for the registration of
premises under this section to furnish such information as the
Comptroller-General considers necessary for the purposes of this Act and may
refuse to register the premises until the information is furnished to the
satisfaction of the Comptroller-General.

(9) Where an applicant for the registration of premises under this section was
not, on 30 May 1985, engaged in the production of bountiable equipment at
those premises, the Comptroller-General shall not register those premises if
the Minister has informed the Comptroller-General that the registration of
those premises will not permit the orderly development in Australia of the
industry that is concerned with the manufacture of bountiable equipment A and
the modification of bountiable equipment B.

(10) The regulations may prescribe conditions to be met by an applicant for
the registration of premises under this section, including, without limiting
the generality of the foregoing, the condition requiring the applicant to be a
person of a specified kind.

(11) If conditions have been prescribed for the purposes of sub-section (10),
the Comptroller-General shall not register premises under this section unless
-

   (a)  the Comptroller-General is satisfied that the conditions are, or will
        be, met by the applicant for the registration of the premises; or

   (b)  registration of the premises is otherwise permitted under the
        regulations.

(12) Where -

   (a)  premises are registered under this section; and

   (b)  the person in whose name the premises are so registered and a person
        who carries on, or proposes to carry on, the production of
        bountiable equipment at
those premises (in this sub-section referred to as the "transferee") make a
joint application in writing to the Comptroller-General for the transfer of
the registration of the premises to the name of the transferee, the
Comptroller-General shall transfer the registration of those premises to the
name of the transferee by causing a notice, in writing, stating that the
registration has been so transferred to be served, either personally or by
post, on the transferee.

(13) If conditions have been prescribed for the purposes of sub-section (10),
the Comptroller-General shall not transfer the registration of premises to the
name of the transferee unless the Comptroller-General is satisfied that, if
the transferee were an applicant for the registration of the premises, the
Comptroller-General would be authorised to register the premises in the name
of the transferee.

(14) A transfer under sub-section (12) has effect from such day as is
specified in the notice under that sub-section in relation to the transfer,
being a day after the commencement of the bounty period and not earlier than 6
months before the day on which the application for the transfer was made.

(15) Where the Comptroller-General becomes satisfied, at any time, in respect
of premises registered under this section -

   (a)  that the production of bountiable equipment is not being carried on at
        those premises;

   (b)  in a case where the premises are registered in relation to a class of
        bountiable equipment - bountiable equipment included in that class of
        bountiable equipment is not being manufactured at those premises;

   (c)  that the production of bountiable equipment at those premises is being
        carried on by a person other than -

        (i)    the person in whose name the premises are registered; or

        (ii)   a person who has made an application under paragraph (12) (b)
               in relation to the premises;

   (d)  in a case where conditions have been prescribed under sub-section (6)
        or (10) - that, if the person in whose name the premises are
        registered was, at that time, an applicant for the registration of the
        premises, the Comptroller-General would not be authorised to register
        the premises in the name of the person; or

   (e)  those premises are not being used solely or principally for industrial
        or commercial purposes, the Comptroller-General may cancel the
        registration of those premises by causing a notice, in writing,
        stating that the registration of those premises has been cancelled to
        be served, either personally or by post, on -

   (f)  the occupier of those premises; and

   (g)  if the occupier is not the person in whose name those premises are
        registered, on the person in whose name the premises are registered.

(16) For the purposes of the application of section 29 of the Acts 
Interpretation Act 1901 to the service on a person by post of a notice under
this section in relation to premises, such a notice posted as a letter
addressed to that person at the premises shall be deemed to be properly
addressed.