STATUTORY RULES.

1935. No. 30.

REGULATIONS UNDER THE DRIED FRUITS EXPORT CONTROL ACT 1924-1934.*

WHEREAS it is enacted by the Dried Fruits Export Control Act 1924-1934 that for the purpose of enabling the Board effectively to control the export and the sale and distribution after export of Australian dried fruits, the Governor-General may by proclamation prohibit the export from the Commonwealth of any dried fruits except in accordance with a licence issued by the Minister subject to such conditions and restrictions as are prescribed after recommendation to the Minister by the Board:

And whereas by proclamation dated the twenty-fifth day of February, 1925, and published in the Gazette of the twenty-sixth day of February, 1925, the Governor-General prohibited the export from the Commonwealth of any dried fruits except in accordance with a licence issued by the Minister subject to such conditions and restrictions as are prescribed after recommendation to the Minister by the Board:

And whereas the Board has recommended to the Minister that licences for the export from the Commonwealth of dried fruits should be issued subject to the conditions and restrictions prescribed in the Regulations hereunder:

Now therefore 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 Dried Fruits Export Control Act 1924-1934.

Dated this twenty-sixth day of March, 1935.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

Dried Fruits Export Control (Licences) Regulations.

Citation.

1. These Regulations may be cited as the Dried Fruits Export Control (Licences) Regulations.

Commencement.

2. These Regulations shall come into operation on the eighth day of April, 1935.

Repeal.

3. The Dried Fruits Export Control (Licenses) Regulations (being Statutory Rules 1925, No. 63, as amended by Statutory Rules 1926, No. 107, and 1927, Nos. 10 and 31) are hereby repealed.

* Notified in the Commonwealth Gazette on , 1935.

4239.—12/20.3.1935.—Price 5d.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“authorized person” means a person appointed to act as such for the purpose of these Regulations by a resolution of the Board;

“authorized price” means the price for the time being fixed by the Board or by any authorized person for the sale of dried fruits overseas, and where any price is stated in any currency other than the currency in which the authorized price is fixed the authorized price shall be deemed to be the equivalent price in the former currency at the rate of exchange ruling at the time of sale;

“export” means export from the Commonwealth;

“licence” means a licence granted by the Minister in pursuance of section 14 of the Act;

“licensee” means a person to whom a licence has been granted;

“overseas” means in any place outside the Commonwealth;

“person” includes company, corporation, firm, syndicate, association (co-operative or otherwise), and any other body or group of persons whether incorporated or not;

“sale” includes agreement to sell, offering for sale, supply or other disposition, and “sell” and “sold” have corresponding meanings;

“the Act” means the Dried Fruits Export Control Act 1924-1934;

“the London Agency” means the London Agency of the Board constituted under section 11 of the Act;

“the Minister” means the Minister of State for Commerce, and includes any Minister or member of the Executive Council for the time being acting for or on behalf of such Minister;

“the Secretary” means the Secretary of the Board.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.

Application for licence to export dried fruits.

5. Any person who desires to export dried fruits shall forward to the Secretary an application in accordance with Form A and shall furnish such information in support of the application as the Secretary requires.

Form of licence to export dried fruits.

6. A licence to export dried fruits shall be in accordance with Form B.

Conditions of licences to export dried fruits.

7. The terms and conditions upon which licences to export dried fruits may be granted shall be as follows:—

(1) That the licensee shall comply with all regulations from time to time made under the Act so far as the same are applicable to him.

(2) That the licensee shall not—

(a) sell any dried fruits overseas at a price less than the authorized price;

(b) export any dried fruits for sale overseas at a price less than the authorized price;

(c) enter into any contract or agreement whereby any person is enabled, authorized, or permitted to sell any dried fruits overseas at a price less than the authorized price;

(d) give any authority, licence, consent or approval, either generally or with respect to any particular case, to any person to sell any dried fruits overseas at a price less than the authorized price;

(e) facilitate, counsel, procure, or encourage the sale overseas of any dried fruits at a price less than the authorized price;

(f) give or allow, or promise or agree to give or allow, any brokerage, rebate, discount, commission, allowance, option or benefit, whether in money, money’s worth, credit, goods, or otherwise, to any person in respect of the sale overseas of any dried fruits at a price less than the authorized price, or whereby the sale overseas of dried fruits at a price less than the authorized price may be enabled, facilitated, or encouraged;

(g) fail or omit to take all reasonable and proper steps to ensure that any agent, representative, or consignee of the licensee, shall not sell dried fruits overseas at a price less than the authorized price.

(3) That the licensee shall ship all dried fruits through and to such agents as are authorized by the Board.

(4) That the licensee shall ship all dried fruits through such person as the Board determines.

(5) That the licensee shall insure each shipment of dried fruits with such person as the Board determines.

(6) That the licensee shall sell all dried fruits on such terms and conditions as are approved by the Board, and to such purchasers through such agents and in such quantities as the Board determines.

(7) That in the case of shipments of dried fruits shipped to the United Kingdom on consignment—

(a) the sale of the dried fruits shall not be completed until the contract of sale is approved of by the London Agency or by some person authorized in that behalf by the London Agency;

(b) the licensee shall comply, or cause the consignee to comply, with any order of the London Agency in respect of the treatment of the dried fruits by fumigation, re-cleaning or otherwise; and

(c) the dried fruits shall be stored in such places in London or elsewhere as the Board directs.

(8) That in the case of sales of dried fruits in countries other than the United Kingdom, those sales shall be made on condition that the purchaser shall not tranship or re-export the dried fruits to the United Kingdom.

(9) That the rates of commission or other charges in connexion with the shipment of dried fruits shall not exceed such amounts as are for the time being fixed by the Board.

(10) That the licensee shall, not less than fourteen days prior to the export by him of any shipment of dried fruits, forward to the Secretary or an authorized person, in duplicate, an application, in accordance with Form C, for authority to export those dried fruits.

(11) That the licensee shall not export any shipment of dried fruits unless he has first obtained from the Secretary, or authorized person, a certificate (in accordance with Form D) certifying that the export of that shipment of dried fruits is authorized by the Board.

(12) That the class and grade of the dried fruits comprised in each shipment for export shall be in accordance with the certificate of authority to export that shipment of dried fruits.

(13) That the licensee shall export each shipment of dried fruits—

(i) to the person,

(ii) by the vessel,

(iii) from the port, and

(iv) on or about the date,

specified in the certificate of authority to export that shipment of dried fruits.

(14) That the licensee shall, upon demand in writing by the Secretary or an authorized person—

(a) furnish to the Board or to the authorized person such information as is required in relation to the sale or export, or the intended sale or export, by the licensee of any dried fruits or in relation to any dried fruits at any time owned by, or in the custody, possession or power of the licensee;

(b) produce to the Board or to the authorized person all books, papers, letters, copies of letters, accounts, statements, balance-sheets, vouchers and any other writings and documents in his custody, possession or power, containing any entry, memorandum or minute relating to the sale or export, or the intended sale or export, by the licensee of any dried fruits, or relating to any dried fruits which have been exported and were at any time owned by or in the custody, possession or power of the licensee.

(15) That the licensee shall, upon demand by the Secretary or an authorized person, permit the Board or the authorized person to take samples of any dried fruits owned by, or in the custody, possession, or power of, the licensee, or of any dried fruits intended to be exported by the licensee, either before export or on arrival at the port of discharge or at such other time or place as the Board or the authorized person requires.

(16) That the licensee shall, whenever so required by notice in writing, signed by the Secretary or an authorized person, withhold from export the whole or any portion of any dried fruits intended for export.

(17) That the licensee shall comply with such other conditions as are from time to time prescribed.

Notices.

8. Any notice to be given to a licensee by the Board, the Secretary, or an authorized person, may be sent by post to the licensee at his address specified in the licence.

Offences.

9.—(1.) Any person who fails to comply with, or commits any breach of these Regulations, or makes any false or misleading statement in any application under these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds.

(2.) In any prosecution for an offence against the provisions of the last preceding sub-regulation, the averments of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

THE SCHEDULE.

Form A. Regulation 5.

Commonwealth of Australia.

Dried Fruits Export Control (Licences) Regulations.

APPLICATION FOR LICENCE TO EXPORT DRIED FRUITS

To—

The Secretary,

Dried Fruits Control Board,

Perpetual Trustee Building,

100-104 Queen-street,

Melbourne, C. l.

......................................................................

(Here insert full name of applicant.)

of..............................................................hereby apply

(Here insert full address of applicant.)

for a licence to export dried fruits.

Dated this............day of.............., 19.

............................

(Signature(s) of applicant (s).)

Form B. Regulation 6.

Commonwealth of Australia.

Dried Fruits Export Control Act 1924-1934.

LICENCE TO EXPORT DRIED FRUITS.

In pursuance of section 14 of the Dried Fruits Export Control Act 1924-1934

I..................................the Minister of State for Commerce,* hereby grant

to..........................................a licence to export dried fruits from the

Commonwealth during the period commencing on..............................193...., and ending on              , 193              , upon the terms and conditions prescribed by the Dried Fruits Export Control (Licences) Regulations.

Dated this............day of.............., 19.

.............................

Minister of State for Commerce.*

* Or "for and on behalf of the minister of State for Commerce".

N.B.—Sections 14 (3.) and 15 of the Dried Fruits Export Control Act 1924-1934 read as follows:—

"(3.) Where the Minister is satisfied, on report by the Board, that any person to whom a licence under this section has been granted, has contravened or failed to comply with any term or condition upon which the licence was granted, the Minister may cancel the licence.

"15. Any person who—

(a) exports dried fruits from the Commonwealth in contravention of any proclamation under this Act.; or

(b) being the holder of a licence under the last preceding section contravenes or fails to comply with any term or condition upon which the licence was granted,

shall be guilty of an offence.

Penalty: One hundred pounds.".

The Schedule—continued.

Form C. Regulation 7.

Commonwealth of Australia.

Dried Fruits Export Control (Licences) Regulations.

APPLICATION FOR AUTHORITY TO EXPORT DRIED FRUITS.

To—

The Secretary,

Dried Fruits Control Board,

Perpetual Trustee Building,

100-104 Queen-street,

Melbourne, C. l.

I/We...................................................................

of........................................being the holder(s) of Licence No.........

granted for the period from............................, 19.... to.................., 19              to export dried fruits, hereby apply for authority to export the following dried fruits:—

The vessel in which it is proposed to ship the dried fruits is... leaving

......................on or about.................., 19...

The port to which the dried fruits will be shipped is...................................

The fruits are to be shipped(1).................................................to (2).....

The full name and address of the...........................packer of the dried fruits

is..........................................

(1) State whether “on consignment” or “in pursuance of a sale actually made to an overseas purchaser, namely to” (as the case may be).

(2) State full name and address of consignee or purchaser.

The owner of the dried fruits at time of shipment from Australia is

..........................................................................

The deduction to be made by way of commission on the dried fruits shipped on consignment to the United Kingdom is.....

The price paid to the packer of the dried fruits is as follows:—

Gross price......................................

Deductions by way of—

Discount....................................

Commission.................................

Brokerage...................................

Rebate.....................................

Any other allowances...........................

Net price.......................................

The price at which the fruits have been sold to the oveseas purchaser is as follows:—

Gross price c.i.f. or f.o.b.............................

Deductions by way of—

Discount....................................

Commission.................................

Brokerage...................................

Rebate.....................................

Any other allowances...........................

Net price c.i.f. or f.o.b................................

The f.o.b. price Australian port of shipment, which is the equivalent of the gross price specified in the last preceding paragraph, is             

I/We declare that the particulars shown herein are true and correct in every particular.

Dated this.............day of.............., 19..

.............................

(Signature of licensee.)

N.B.—Any person who makes any false or misleading statement in this application is guilty of an offence punishable by a fine not exceeding £50.

The Schedule—continued.

Form D.  Regulation 8.

No......

Commonwealth of Australia.

Dried Fruits Export Control (Licences) Regulations.

CERTIFICATE OF AUTHORITY TO EXPORT DRIED FRUITS

This is to certify that.......................................................

of.................................to whom a Licence No................ dated

....................., 193.. has been granted to export dried fruits is hereby authorized by the Dried Fruits Control Board in pursuance of that licence to export from the Commonwealth the dried fruits described hereunder:—

The dried fruits are to be shipped from..........................................

to...........................by the SS.............................leaving

...................on or about..................., 193..

Dated this............day of.............., 19.

.............................

(†Secretary, Dried Fruits Control Board.)

(†Authorized person.)

† Strike out the words which are inapplicable.

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