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SR 1926 No. 134 Regulations as made
Principal Regulations
Gazetted 30 Sep 1926
Date of repeal 04 Oct 1956
Repealed by Canned Fruits Export Control (Election of Board) Regulations

STATUTORY RULES.

1926. No. 134.

––––––

REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Canned Fruits Export Control Act 1926, to come into operation forthwith.

Dated this twenty-fourth day of September, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

T. PATERSON,

Minister of State for Markets and Migration.

Canned Fruits Export Control (Preparation of Rolls) Regulations.

Short title.

1. These Regulations may be cited as the Canned Fruits Export Control (Preparation of Rolls) Regulations.

Definitions.

2. In these Regulations unless the contrary intention appears—

“The Act” means the Canned Fruits Export Control Act 1926;

“The Minister” means the Minister for Markets and Migration;

“The Secretary” means the Secretary of the Department of Markets and Migration;

“The poll” means the poll of owners of canneries under section two of the Act;

“The election” means the election of members of the Board in pursuance of sub-section (2) of Section four of the Act;

“Owner” includes—

(a) in the case of a proprietary or co-operative cannery, the chairman of the Board of Directors of the cannery;

(b) in the case of a privately-owned cannery, a partner of the firm owning the cannery; and

(c) in the case of a State-controlled cannery, a person nominated by the Government of the State controlling the cannery;

“Co-operative cannery” means any cannery which the Secretary is satisfied distributes the whole or any portion of its surplus profits to the persons supplying fruit to the cannery;

“State-controlled cannery” means any cannery whose operations are controlled by the Government of any State, or by any Commission or other body representing the Government of any State;

C.14547.—Price 3d.


 

“Privately-owned cannery” means any cannery which is owned by any person or firm;

“Proprietary cannery” means any cannery which is owned by any registered company which the Secretary is satisfied does not distribute the whole or any portion of its surplus profits to the persons supplying fruit to the cannery.

List of voters to be prepared.

3. (1) Pursuant to claims made under these Regulations, the Secretary shall prepare a roll of co-operative and State-controlled canneries, and also a roll of privately-owned and proprietary canneries, showing the total quantity of canned fruit processed by each cannery during the canning season of 1925-1926.

(2) The rolls shall be certified by the Secretary by writing under his hand to be correct and shall be the rolls of canneries to be used for the purposes of the poll and the election.

(3) The owner shall appoint a representative to vote on his behalf at the poll and at the election.

(4) The rolls shall be conclusive evidence of the rights of the representatives of the owners of the canneries named therein to vote at the poll and the election.

Claims for enrolment.

4. (1) The only representatives entitled to vote at the poll and the election are representatives of canneries which have been placed on the roll pursuant to claims made by the owners of such canneries.

(2) Claims for enrolment shall be made on or before a date notified in the Gazette by the Minister, and no claims received after that date shall be accepted for enrolment.

(3) A claim for enrolment shall be in accordance with the following form and shall be supported by a Statutory Declaration:—

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

CLAIM FOR ENROLMENT.

Statutory Declaration.

(a) See footnote.

I,                                                                                                               the owner(a) of the cannery specified in the Statutory Declaration made below, claim to have the name of the cannery and the particulars set out in the Statutory Declaration placed on the roll of canneries.

(b) Insert full name of representative.

(c) Insert address of representative.

And I hereby appoint(b)                                                                                                               of (c)                                                                                       to act as representative of the cannery specified in this claim.

Note.—For the purposes of these regulations—

“Owner” includes—

(a) in the case of a proprietary or co-operative cannery, the chairman of the Board of Directors of that cannery:

(b) in the case of a privately-owned cannery, a partner of a firm owning the cannery; and

(c) in the case of a State-controlled cannery, a person nominated by the Government of the State controlling the cannery.


 

And I do solemnly and sincerely declare that the total output of such cannery during the canning season of 1925-1926 was respectively as stated in columns (3), (4), (5) and (6) hereunder:—

Name of Cannery.

Address of Cannery.

Production (in doz. 30-oz. tins) of Canned Fruits.

Apricots.

Clingstone Peaches.

Pears.

Total.

(1)

(2)

(3)

(4)

(5)

(6)

 

 

 

 

 

 

(d) Signature of person making the declaration.

(e) Signature of Magistrate, Justice of the Peace, or Commissioner for taking Affidavits, or Commissioner for Declarations before whom the declaration is made.

(f) Here insert title of person before whom the declaration is made.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1922, conscientiously believing the statements contained therein to be true in every particular.

                                                                        (d)

Declared at                                               the                                           day of

192      , before me—

                                                                                                (e)

                                                                                                (f)

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.