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SR 1936 No. 165 Regulations as made
Principal Regulations; Repeals the former Canned Fruits Export Control (Licences) Regulations.
Gazetted 23 Dec 1936
Date of repeal 06 Apr 1955
Repealed by Canned Fruits Export Control (Licences) Regulations

STATUTORY RULES.

1936. No. 165.

 

 

REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926-1935.*

WHEREAS it is enacted by the Canned Fruits Export Control Act 1926-1935 that, for the purpose of enabling the Board effectively to control the export, and the sale and distribution after export, of Australian canned fruits, the Governor-General may by Proclamation prohibit the export from the Commonwealth of any canned 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 seventh day of February, 1927, and published in the Gazette of the eighth day of February, 1927, the Governor-General prohibited the export from the Commonwealth of any canned 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 canned fruits should be issued subject to the conditions and restrictions prescribed by 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 Canned Fruits Export Control Act 1926-1935.

Dated this nineteenth day of December, 1936.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

(sgd) Thos C Brennan

for Minister of State for Commerce.

 

Canned Fruits Export Control (Licences) Regulations.

Citation.

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

Commencement.

2. These Regulations shall come into operation on the first day of January, 1937.

Repeal.

3. The Canned Fruits Export Control (Licences) Regulations (being Statutory Rules 1927, No. 16, as amended by Statutory Rules 1930, No. 78; 1932, No. 66; and 1934, No. 57) are hereby repealed.

 

* Notified in the Commonwealth Gazette on                                                                                       , 1936.

5626.—8/9.12.1936.—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 canned 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 Canned Fruits Export Control Act 1926-1935;

“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 that Minister;

“the Secretary” means the Secretary to the Canned Fruits Control 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 canned fruits.

5. Any person who desires to export canned 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 canned fruits.

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

Conditions of licences to export canned fruits.

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

(1.) That the licensee shall not complete the sale, or purchase, of any canned fruits until the contract of sale or purchase, as the case may be, has been approved by the Board or by an authorized person.


(2.) That the licensee shall not—

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

(b) export any canned 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 canned 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 canned fruits overseas at a price less than the authorized price;

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

(3.) That, in the case of canned fruits sold on consignment, the licensee shall sell the canned fruits through such agents as are authorized by the Board.

(4.) That the licensee shall ship all canned fruits through such company or companies as the Board determines.

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

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

(7.) That, in the case of canned fruits to be shipped to the United Kingdom or the Dominion of Canada—

(a) the licensee shall, not less than three days prior to shipment, forward to the Secretary or an authorized person, in duplicate, an application, in accordance with Form C, for authority to export those canned fruits;

(b) the licensee shall not export any canned fruits until 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 canned fruits is authorized by the Board;


(c) the variety of fruit, the number of cases, the size of the tins, the grade of the fruit, and the label under which the fruit is shipped shall, in respect of each shipment of canned fruits for export, be in accordance with the certificate of authority to export that shipment; and

(d) the licensee shall export each shipment of canned 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 canned fruits.

(8.) That, in the case of canned fruits to be shipped to destinations other than the United Kingdom or the Dominion of Canada, the licensee shall, within seven days after shipment, furnish a return to the Board in accordance with Form E.

(9.) 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 by the Board or authorized person in relation to the sale or export, or the intended sale or export, by the licensee, of any canned fruits, or in relation to any canned fruits at any time owned by, or in the custody, possession or power of the licensee; and

(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 canned fruits, or relating to any canned fruits which have been exported and were at any time owned by or in the custody, possession or power of the licensee.

(10.) That the licensee shall, whenever so required by seven days’ notice in writing, signed by the Secretary or an authorized person, withhold from export such canned fruits as are specified in the notice.

Notice to licensees.

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 or return 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.

Canned Fruits Export Control (Licences) Regulations.

APPLICATION FOR LICENCE TO EXPORT CANNED FRUITS.

To—

The Secretary,

Canned Fruits Control Board,

419 Collins-street,

Melbourne, C.l.

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

(Here insert full name of applicant.)

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

(Here insert full address of applicant.)

for a licence to export canned fruits.

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

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

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

 

Form B.                                                                                                           Regulation 6.

Commonwealth of Australia.

Canned Fruits Export Control Act 1926-1935.

LICENCE TO EXPORT CANNED FRUITS.

In pursuance of section 14 of the Canned Fruits Export Control Act 1926-1935 I ........ the Minister of State for Commerce,* hereby grant to ………………………………a licence to export canned fruits from the Commonwealth during the period commencing on ……………………193…… and ending on………………… 193……, upon the terms and conditions prescribed by the Regulations for the time being in force under that Act.*

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

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

Minister of State for Commerce.

 

* The terms and conditions prescribed at the date of Issue of this Licence were as follows:—

(Here set out terms and conditions.)

N.B.—Sections 14 (3.) and 15 of the Canned Fruits Export Control Act 1926-1935 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 canned 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.”.

 

Form C.                                                                                                           Regulation 7.

Commonwealth of Australia.

Canned Fruits Expert Control (Licences) Regulations.

APPLICATION FOR AUTHORITY TO EXPORT CANNED FRUITS TO THE UNITED KINGDOM OR THE DOMINION OF CANADA.

To—

The Secretary,

Canned Fruits Control Board,

419 Collins-street,

Melbourne, C.l.

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

of ................................................................................................. being the holder (s) of Licence No ………………… granted for the period from ………………………………, 19……


The Schedule—continued.

Form C—continued.

to .............................................. , 19..... to export canned fruits, hereby apply for authority to export the following canned fruits:—

Variety of Fruit.

Number of Cases.

Size of Tins.

Grade of Fruit.

Label under which Shipped.

Apricots....................................................

Clingstone Peaches—

Halves................................................

Sliced..................................................

Pears.........................................................

Pineapples................................................

Fruit Salad...............................................

 

 

 

 

1. The vessel in which it is proposed to ship the canned fruits is ............................ leaving ……………………on or about ……………………, 19……

2. The port at which the canned fruits will be landed is......................................................

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

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

3. The name of the person, firm or company with which the canned fruits are insured is...

4. The canned fruits are to be shipped (1) ........................................... to (2)………………

5. The full name and address of the packer of the canned fruits is ……………………………

6. The owner of the canned fruits at time of shipment from Australia is…………………………………………………

7. The price paid to the packer of the canned fruits is as follows:—

(a) Gross price..........................................................................................

(b) Deductions by way of—

(i) Discount.....................................................................................

(ii) Commission...............................................................................

(iii) Brokerage.................................................................................

(iv) Rebate......................................................................................

(v) Any other allowances................................................................

(c) Net price..............................................................................................

8. The price at which the canned fruits have been sold to the overseas purchaser is as follows:—

(a) Gross price c.i.f. or f.o.b.....................................................................

(b) Deductions by way of—

(i) Discount.....................................................................................

(ii) Commission...............................................................................

(iii) Brokerage.................................................................................

(iv) Rebate......................................................................................

(v) Any other allowances................................................................

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

9. 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 set out in this application are true and correct in every particular.

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

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

(Signature of licensee.)

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

 

Form D.                                                                                                           Regulation 7.

No                        

Commonwealth of Australia.

Canned Fruits Export Control (Licences) Regulations.

CERTIFICATE OF AUTHORITY TO EXPORT CANNED FRUITS TO THE UNITED KINGDOM OR THE DOMINION OF CANADA.

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

of …………………………to whom a Licence No ………………dated ………………, 193… has been granted to export canned fruits is
The Schedule—continued.

Form D—continued.

hereby authorized by the Canned Fruits Control Board in pursuance of that licence to export from the Commonwealth the canned fruits described hereunder:—

Variety of Fruit.

Number of Cases.

Size of Tins.

Grade of Fruit.

Label under which Shipped.

Apricots.....................................

Clingstone Peaches—

Halves...................................

Sliced....................................

Pears..........................................

Pineapples.................................

Fruit Salad.................................

 

 

 

 

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

to …………………………by the SS………………………… leaving …………………………on or about ………………………, 193…

Dated this …………………… day of …………………, 19……

(*Secretary, Canned Fruits Control Board.)

(*Authorized person.)

* Strike out the words which are inapplicable.

 

Form E.                                                                                                           Regulation 7.

Commonwealth of Australia.

Canned Fruits Export Control (Licences) Regulations.

RETURN OF CANNED FRUITS EXPORTED TO DESTINATIONS OTHER THAN THE UNITED KINGDOM OR THE DOMINION OF CANADA.

To—

The Secretary,

Canned Fruits Control Board,

419 Collins-street,

Melbourne, C.l.

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

of ……………………………………being the holder (s) of Licence No ……………granted for the period from ……………………………… 19....................... to …………………………, 19… to export canned fruits, hereby furnish the following particulars in respect of canned fruits shipped in pursuance of that licence to destinations other than the United Kingdom or the Dominion of Canada:—

Variety of Fruit.

Number of Cases.

Size of Tins.

Grade of Fruit.

Label under which Shipped.

Apricots.....................................

Clingstone Peaches—

Halves...................................

Sliced....................................

Pears..........................................

Pineapples.................................

Fruit Salad.................................

 

 

 

 

1. The date on which the canned fruits were shipped was .................................. , 19……

2. The name of the vessel on which the canned fruits were shipped was..........................

3. The port from which the canned fruits were shipped was.............................................

4. The port at which the canned fruits will be landed is....................................................


The Schedule—continued.

Form E—continued.

5. The name of the person, firm, or company with which the canned fruits are insured is..

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

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

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

7. The full name and address of the—

(a) packer of the canned fruits is....................................................................................

(b) owner of the canned fruits at time of shipment from Australia is..............................

8. The price paid to the packer of the canned fruits is as follows:—

(a) Gross price................................................................................................................

(b) Deductions by way of—

(i) Discount............................................................................................................

(ii) Commission.....................................................................................................

(iii) Brokerage........................................................................................................

(iv) Rebate.............................................................................................................

(v) Any other allowances.......................................................................................

(c) Net price....................................................................................................................

9. The price at which the canned fruits have been sold to the overseas purchaser is as follows:—

(a) Gross price c.i.f. or f.o.b...........................................................................................

(b) Deductions by way of—

(i) Discount............................................................................................................

(ii) Commission.....................................................................................................

(iii) Brokerage........................................................................................................

(iv) Rebate.............................................................................................................

(v) Any other allowances.......................................................................................

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

10. 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 set out in this return are true and correct in every particular.

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

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

(Signature of licensee.)

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

 

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