EGG EXPORT CONTROL (LICENCES) REGULATIONS - Incorporating all amendments by
legislation made to 30 June 1980
- Reprinted as at 30 June 1980 (HISTREG CHAP 101 #DATE 30:06:1980)
*1* The Egg Export Control (Licences) Regulations (in force under the Egg
Export Control Act 1947) as shown in this reprint comprise Statutory Rules
1954 No. 72
as amended by the other Statutory Rules specified in the following table:
----------------------------------------------------------------------------
Year and
number Date of
notification
in Gazette Date of
commencement Application,
saving or
transitional
provisions
----------------------------------------------------------------------------
1954 No. 72 10 June 1954 10 June 1954
1967 No. 51 27 Apr 1967 27 Apr 1967 -
1979 No. 18 15 Feb 1979 15 Feb 1979 -
----------------------------------------------------------------------------
EGG EXPORT CONTROL (LICENCES) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal
3. Interpretation
4. Regulation of export
5. Issue of licences
6. Form of licence
7. Conditions and restrictions
8. Certificate of authority to export
9. Determination of minimum prices
10. Returns and information to be furnished, &c.
11. Notices
12. False information
SCHEDULE
Forms
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Egg Export Control (Licences)
Regulations.*1*
See notes to first article of this Chapter.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 2.
Repeal
2. The Egg Export Control (Licences) Regulations (being Statutory Rules
1948, No. 18) are repealed.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 3.
Interpretation
3. (1) In these Regulations, unless the contrary intention appears-
"authorized person ", in relation to the exercise of a power or the
performance of a duty or function under these Regulations, means a person
authorized for that purpose by the Board;
"authorized price ", in relation to a sale of eggs, means the minimum price
for that sale calculated in accordance with the determination under regulation
9 of these Regulations that is applicable to the sale, or, where that price is
expressed in a currency other than that in which the sale is made, the
equivalent price in the currency in which the sale is made according to the
rate of exchange applicable at the time of the sale;
"export" means export from the Commonwealth;
"licence" means a licence to export eggs issued in pursuance of these
Regulations;
"licensee" means the holder of a licence;
"overseas" means in a place outside the Commonwealth;
"the Act" means the Egg Export Control Act 1947-1954;
"the Board" means the Australian Egg Board constituted by the Act and, in
relation to a power or function of the Board which the Executive Committee of
the Board is authorized to exercise or perform, includes the Executive
Committee;
"the Secretary" means the Secretary to the Board, and includes a person
for the time being acting as Secretary to the Board.
(2) In these Regulations, a reference to a Form shall be read as a reference
to a Form in the Schedule to these Regulations.
(3) Strict compliance with a Form in the Schedule to these Regulations is
not necessary and substantial compliance is sufficient.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 4.
Regulation of export
4. The export of eggs is prohibited-
(a) except by licensees; and
(b) except in accordance with the conditions and restrictions prescribed by
these Regulations.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 5.
Issue of licences
5. (1) The Minister or a person authorized in writing by the Minister to
grant licences under these Regulations may, in his discretion, issue or refuse
to issue a licence to export eggs.
(2) A licence granted in pursuance of the last preceding sub-regulation
shall, subject to sub-section (3) of section 14 of the Act, be in force for
the period specified in the licence.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 6.
Form of licence
6. A licence to export eggs shall be in accordance with Form A.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 7.
Conditions and restrictions
7. (1) A licensee shall not export eggs unless-
(a) any purchaser, agent or representative to or through whom the eggs are
shipped is approved by the Board for the purposes of these Regulations;
(b) the eggs are insured with a person approved by the Board;
(c) the eggs have been sold before export, or are consigned, upon terms and
conditions approved by the Board;
(d) the export of the eggs is in accordance with any directions of the
Board with respect to the quantities of eggs which may be exported by the
licensee either generally or to particular places;
(e) he has, if so required by the Board, given an undertaking to the
satisfaction of the Board that he will not, without the consent of the Board-
(i) sell any of the eggs overseas at a price less than the authorized
price;
(ii) enter into a contract or agreement or a variation of a contract or
agreement whereby a person is enabled, authorized or permitted to sell any of
the eggs overseas at a price less than the authorized price;
(iii) give an authority, licence, consent or approval to a person to
sell any of the eggs overseas at a price less than the authorized price;
(iv) facilitate, counsel, procure or encourage the sale overseas of any
of the eggs at a price less than the authorized price;
(v) give or allow, or promise or agree to give or allow, in relation to
the sale of any of the eggs, any brokerage, rebate, discount, commission,
allowance, option or benefit, whether in money, money's worth, credit, goods
or otherwise, that is not provided for in the terms and conditions upon which
the eggs have been sold before export, or are consigned, and would have the
effect, directly or indirectly, of reducing the price of the eggs to less than
the authorized price; or
(vi) fail or omit to take all reasonable and proper steps to ensure that
any agent, representative or consignee of the licensee does not sell any of
the eggs overseas at a price less than the authorized price; and
(f) the licensee has obtained from the Secretary a certificate in
accordance with Form C (which certificate has not been revoked) certifying
that the export is authorized by the Board, and the export is in accordance
with the particulars shown in the certificate.
Amended by 1967 No. 51
(2) Paragraph (f) of the last preceding sub-regulation does not apply in the
case of-
(a) the export (other than export to the United Kingdom), on the one ship,
of a quantity of eggs in shell not exceeding six hundred dozen in number; or
(b) the export, on the one ship, for use on the ship as ship's stores, of a
quantity of eggs in shell not exceeding six hundred dozen in number.
(3) A licensee shall not export eggs to the United Kingdom on consignment
unless he has given an undertaking to the satisfaction of the Board that-
(a) the sale or other disposal of the eggs will not be completed until the
terms of sale or other disposal are approved by the Board; and
(b) the licensee will comply, or cause the consignee to comply, with any
order of the Board in respect of the storage, care and protection of the eggs.
(4) A licensee shall not ship eggs for export to the United Kingdom except
in accordance with such shipping arrangements and allocations as are
determined by the Board.
(5) A licensee shall not export eggs to a country other than the United
Kingdom, otherwise than in pursuance of a sale made before the export takes
place, unless he has given an undertaking to the satisfaction of the Board
that every contract by which any of the eggs are sold or disposed of by him or
on his behalf will contain a provision that the person to whom the eggs are
sold or disposed of will not tranship or re-export the eggs to the United
Kingdom, and that the licensee will take all reasonable steps to enforce that
provision.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 8.
Certificate of authority to export
Sub-reg. (1) amended by 1979 No. 18 r. 1
8. (1) An application by a licensee for a certificate referred to in
paragraph 7 (1) (f) in relation to any eggs proposed to be exported shall be
in accordance with Form B and shall be lodged with the Secretary not less than
fourteen days before the date of export.
(2) Where an application is made in accordance with the last preceding
sub-regulation, the Secretary may-
(a) if he is satisfied that the proposed export will, if the certificate is
granted, be in conformity with these Regulations and with any directions or
determinations of the Board-grant the certificate; or
(b) if he is not so satisfied-refuse to grant the certificate.
(3) If the Secretary refuses to grant a certificate for which application
has been made in accordance with sub-regulation (1) of this regulation, he
shall notify the applicant, in writing, of his reason for so refusing.
(4) A certificate granted under this regulation may be revoked by the
Secretary by notice in writing to the licensee at any time before the export
of the eggs to which it relates.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 9.
Determination of minimum prices
9. (1) For the purposes of these Regulations, the Board may, from time to
time, determine, or determine the manner of calculation of, minimum prices for
the sale of eggs to be exported or for the sale overseas of exported eggs.
(2) A determination under this regulation may make different provision with
respect to eggs exported or to be exported to different countries.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 10.
Returns and information to be furnished, &c.
10. (1) A licensee shall, within seven days after the export of any eggs by
him, furnish to the Secretary, in duplicate, a return signed by or on behalf
of the licensee in accordance with Form D, Form E or Form F, as the case
requires.
(2) A licensee shall, upon demand in writing by the Secretary or an
authorized person, furnish to the Secretary or to the authorized person, as
the case may be, such information as is required in relation to the sale,
disposal or export, or the intended sale, disposal or export, by the licensee
of eggs or in relation to eggs at any time owned by, or in the custody,
possession or control of, the licensee.
Penalty: Fifty pounds.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 11.
Notices
11. A notice or other document may, for the purposes of these Regulations,
be served on a licensee by post at his address specified in his licence.
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 12.
False information
12. A person shall not, for the purposes of these Regulations, make a
statement or furnish information which is false or misleading.
Penalty: Fifty pounds.
-----------
EGG EXPORT CONTROL (LICENCES) REGULATIONS - SCHEDULE
Schedule substituted by 1979 No. 18 r. 2
SCH
SCHEDULE
FORM A
Regulation
6
No.
COMMONWEALTH OF AUSTRALIA
Egg Export Control (Licences) Regulations
LICENCE TO EXPORT EGGS
In pursuance of regulation 5 of the Egg Export Control (Licences)
Regulations,
I,
(*) the Minister of State for Primary Industry,
(*) a person authorized by the Minister of State for Primary Industry to
grant licences under those Regulations,
hereby grant to
of
a licence to export eggs from the Commonwealth, subject to those Regulations,
during the period commencing on 19
and ending on 19
Dated this day of 19
(*) Minister of State for Primary
Industry (*) An authorized person * Strike out whichever is inapplicable.
--------
FORM B
Sub-regulation 8
(1)
COMMONWEALTH OF AUSTRALIA
Egg Export Control (Licences) Regulations
APPLICATION FOR AUTHORITY TO EXPORT EGGS
To-
The Secretary to the
Australian Egg Board
I/We of
hereby apply for a Certificate of Authority to export the following eggs:
------------------------------------------------------------------------------
-- Description Quantity Price (including
charge including
Export charges
Act) Commission
(percentage
or amount) Whether
f.o.b., c.i.f. or on
consignment
------------------------------------------------------------------------------
--
Eggs in shell-
45g pack . . . c/s ea. doz. per doz.
50g pack . . . c/s ea. doz. per doz.
55g pack . . . c/s ea. doz. per doz.
60g pack . . . c/s ea. doz. per doz.
Liquid whole
egg . . . . . . tins ea. kg per kg
Other egg
products . . .
------------------------------------------------------------------------------
--
The following additional particulars are furnished in respect of this
application:
Name of vessel
Approximate date of sailing
Port of discharge
Name and address of consignee or purchaser
Any further circumstances connected with this application
I/We declare that the information given in this application is true and
correct
in every particular.
Dated this day of 19
(Signature of licensee)
--------
FORM C
Paragraph 7 (1)
(f)
No.
COMMONWEALTH OF AUSTRALIA
Egg Export Control (Licences) Regulations
CERTIFICATE OF AUTHORITY TO EXPORT EGGS
This is to certify that approval is granted by the Australian Egg Board to
, being the holder of a licence
issued under the Egg Export Control (Licences) Regulations, to export the
following
eggs in accordance with particulars furnished in the Licensee's Application
for
Authority to Export Eggs dated the 19 , and the particulars
set
out at the foot of this certificate:
------------------------------------------------------------------------------
--
Description Quantity
------------------------------------------------------------------------------
--
Eggs in shell-
45 g pack . . . . . . . . . . . . . . . . . . . . . . c/s ea. doz.
50 g pack . . . . . . . . . . . . . . . . . . . . . . c/s ea. doz.
55 g pack . . . . . . . . . . . . . . . . . . . . . . c/s ea. doz.
60 g pack . . . . . . . . . . . . . . . . . . . . . . c/s ea. doz.
Liquid whole egg . . . . . . . . . . . . . . . . . . . tins ea. kg
Other egg products . . . . . . . . . . . . . . . . . .
------------------------------------------------------------------------------
--
Particulars
Port of shipment-
Name of vessel-
Port of discharge-
To whom shipped-
Dated this day of 19
Secretary to the
Australian Egg Board
--------
FORM D
Sub-regulation 10
(1)
COMMONWEALTH OF AUSTRALIA
Egg Export Control (Licences) Regulations
RETURN OF EGGS IN SHELL EXPORTED
The Secretary to the
Australian Egg Board
Shipment on the " " from the port of .
Date shipped .
I, of , the
holder of licence No. granted for the period commencing on 19 and
ending on 19 to export eggs, hereby furnish the following particulars
with respect to eggs in shell exported pursuant to the licence:
(a) The following eggs in shell have been shipped on the abovenamed vessel
pursuant to the licence:
------------------------------------------------------------------------------
-- Name and
address of
owner Name and
address of
packer Number of cases each
containing 30 doz.
eggs shipped Name of
person to
whom shipped Port and
country to
which shipped
45g 50g 55g 60g Total
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
*(b) The price at which the eggs were sold is per dozen**
(c) Particulars of withdrawals from cold store for shipment are as follows:
------------------------------------------------------------------------------
--
Name of cold
store Name of cold
store Name of cold
store Name of cold
store Total
Date number
of
Number Certificate
Number Certificate
Number Certificate
Number Certificate
cases
of cases numbers of cases numbers of cases numbers
of cases numbers
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
I declare that the particulars shown in this return are true and correct in
every detail.
Dated this day of 19
(Signature of licensee)
*If the eggs were shipped on behalf of the Australian Egg Board, this
information is not required.
**Indicate whether f.o.b., c.i.f., ex store or into store.
--------
FORM E
Sub-regulation 10
(1)
COMMONWEALTH OF AUSTRALIA
Egg Export Control (Licences) Regulations
RETURN OF LIQUID WHOLE EGG, LIQUID EGG WHITE OR LIQUID EGG YOLK
EXPORTED
The Secretary to the
Australian Egg Board
Shipment on the " " from the port of .
Date shipped .
I, of , the
holder of licence No. granted for the period commencing on 19 and
ending on 19 to export eggs, hereby furnish the following particulars
with respect to liquid whole egg, liquid egg white or liquid egg yolk
exported
pursuant to the licence:
(a) The following * has been shipped on the
abovenamed vessel pursuant to the licence:
------------------------------------------------------------------------------
--
Quantity
shipped
Name and Name and Name of Port and
address of address of No. of No. of person to whom country to
which owner manufacturer tins tins shipped shipped
ea. kg ea. kg
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
-- (b) All tins shipped were/were not** packed in cartons.
***(c) The price at which the * was sold is per kg****
(d) Particulars of withdrawals from cold store for shipment are as
follows:
------------------------------------------------------------------------------
--
Name of cold
store Name of cold
store Name of cold
store Name of cold
store Total
Date number
of
Number Certificate
Number Certificate
Number Certificate
Number Certificate
tins
of tins numbers of tins numbers of tins numbers of tins numbers
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
I declare that the particulars shown in this return are true and correct in
every detail.
Dated this day of 19
(Signature of licensee)
* Here insert "liquid whole egg ", "liquid egg white" or "liquid egg
yolk ".
** Strike out whichever is inapplicable.
*** If the egg products were shipped on behalf of the Australian Egg
Board, this information is not required.
**** Indicate whether f.o.b., c.i.f., ex store or into store.
--------
FORM F
Sub-regulation 10
(1)
COMMONWEALTH OF AUSTRALIA
Egg Export Control (Licences) Regulations
RETURN OF DRIED EGG PRODUCTS EXPORTED
The Secretary to the
Australian Egg Board
Shipment on the " " from the port of .
Date shipped
I, of , the
holder of licence No. granted for the period commencing on 19 and
ending on 19 to export eggs, hereby furnish the following return with
respect to egg products exported pursuant to the licence:
(a) The following * has been shipped on the abovenamed
vessel pursuant to the licence:
------------------------------------------------------------------------------
--
Quantity shipped
Name and Name and Name of Port and
address of address of No. of No. of person to whom country to
which
owner manufacturer kg kg shipped shipped
containers containers
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
-- ** (b) The price at which the egg product was sold is per kg***
(c) Particulars of withdrawals from cold store for shipment are as
follows:
------------------------------------------------------------------------------
--
Name of cold
store Name of cold
store Name of cold
store Name of cold
store
Total
Date Number Number Number Number number
of
of Certificate
of Certificate
of Certificate
of Certificate
containers containers
numbers
containers
numbers
containers
numbers
containers
numbers
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
I declare that the particulars shown in this return are true and correct in
every detail.
Dated this day of 19
(Signature of licensee)
* Here insert "dried whole egg ", "sugared dried egg" or "dried
egg
white ".
** If the egg product was shipped on behalf of the Australian Egg
Board,
this information is not required.
*** Indicate whether f.o.b., c.i.f., ex store or into store.
------------------------------------------------------------------------------
--