STATUTORY RULES.

1934. No. 148.

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REGULATIONS UNDER THE WINE GRAPES CHARGES ACTS 1929.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Grapes Charges Acts 1929.

Dated this twenty-first day of November, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

EARLE PAGE

Minister of State for Commerce.

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Amendments of the Wine Grapes Charges Regulations.†

Definition.

1. Regulation 2 of the Wine Grapes Charges Regulations is amended by omitting from the definition of the “the Minister” the wards “Markets and Transport” and inserting in their stead the word “Commerce”.

Declaration as to grapes delivered.

2. Regulation 4 of the Wine Grapes Charges Regulations is amended by omitting the wards “Markets and Transport” and inserting in their stead the words “Commerce at Melbourne in the State of Victoria”.

Payment of charges.

3. Regulation 5 of the Wine Grapes Charges Regulations is amended by omitting the words “Markets and Transport” and inserting in their stead the word “Commerce”.

4. After Regulation 6 of the Wine Grapes Charges Regulations the following regulations are inserted:—

Certificates of Secretary to be judicially noticed.

“7.—(1.) In any proceedings under the Act or these Regulations, any certificate bearing the written, stamped or printed signature of the Secretary, Department of Commerce, shall, until the contrary is proved, be deemed to have been duly signed by the person by whom it purports to have been signed.

“(2.) Judicial notice shall be taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of Secretary, Department of Commerce.

Certificate of failure to furnish statutory declaration.

“8. In any proceedings against a person for failing to furnish the statutory declaration prescribed in Regulation 4 of these Regulations, a certificate in writing signed by the Secretary, Department of

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* Notified in the Commonwealth Gazette on 29th November, 1934.

† Statutory Rules 1929, No. 139 as amended by Statutory Rules 1931, No. 11, and by 1932, No.5.

5070.—Price 3d.

Commerce, certifying that the statutory declaration has not been received from that person by the Secretary, Department of Commerce, shall be prima facie evidence that the defendant has failed to furnish a statutory declaration in accordance with that regulation.

Certificate in respect of charges imposed under section 3 of Act.

“9. In any action against a person for the recovery of the charge imposed by section 3 of the Act, a certificate in writing signed by the Secretary, Department of Commerce, certifying that—

(a) the person named in the certificate is the owner of the winery or distillery named in the certificate;

(b) the particulars of grapes delivered to him during a year are as stated in the certificate;

(c) the particulars of grapes handled by him for use in the manufacture of wine during a year are as stated in the certificate;

(d) the sum named in the certificate was at the date of the certificate due by him to the King on behalf of the Commonwealth in respect of the charge imposed by the Act,

shall be prime facie evidence of the facts stated in the certificate.

Venus is certain prosecutions.

“10. A prosecution under Regulation 6 of these Regulations for failing to furnish a statutory declaration may, at the option of the prosecutor, be instituted—

(a) in a court of summary jurisdiction having  jurisdiction at the place where under these Regulations the statutory declaration is to be furnished; or

(b) in a court of summary jurisdiction having jurisdiction at or nearest to the usual or last known place of business or abode of the defendant.”

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.