Apple and Pear Organization (Licences and Permits) Regulations (Amendment) (Cth)

STATUTORY RULES.

1951. No..

 

REGULATIONS UNDER THE APPLE AND PEAR ORGANIZATION ACT 1938-1948*

I, THE Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Apple and Pear Organization Act 1938–1948.

Dated this nineteenth day of July, 1951.

J. NORTHCOTT

Administrator

By His Excellency’s Command,

Minister of State for Commerce and Agriculture.

 

Amendments of the Apple and Pear Organization (Licences and Permits) Regulations. 

Interpretation.

1. Regulation 2 of the Apple and Pear Organization (Licences and Permits) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) In these Regulations, a reference to a Form by letter shall be read as a reference to the Form so lettered in the Schedule to these Regulations.

“(3.) In these Regulations, a reference to apples or pears or to apples and pears shall be read as a reference to either apples or pears or to both apples and pears, as the case requires.”.

2. After regulation 4 of the Apple and Pear Organization (Licences and Permits) Regulations the following regulation is inserted:—

Licences.

“4a.—(1.) An application for a licence shall be in accordance with Form A and shall be lodged with the Secretary together with such information in support of the application as the Secretary requires.

“(2.) A licence shall be in accordance with Form B and shall be issued for such period as the Board determines.

“(3.) A licensee may be the holder of more than one licence.”.

 

* Notified in the Commonwealth Gazette on , 1951.

  Statutory Rules 1949, No. 108.

2822.—Price 5d. 9/18.6.51.

Permits.

3. Regulation 5 of the Apple and Pear Organization (Licences and Permits) Regulations is amended—

(a) by omitting the words “be lodged with the Secretary” and inserting in their stead the words “be in accordance with Form C and be lodged with the Secretary or an authorized person”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) A permit shall be in accordance with Form D.”.

Conditions and restrictions.

4. Regulation 7 of the Apple and Pear Organization (Licences and Permits) Regulations is amended—

(a) by omitting paragraphs (e) and (f) and inserting in their stead the following word and paragraph:—

“and (e) where he desires to export apples or pears to the United Kingdom or to the continent of Europe or of North America, furnish to the Secretary or an authorized person, on or before such date in December of each year as the Board determines, a return setting out the quantity of apples or pears which he desires so to export during the following year, the place to which he desires to export the apples or pears and such other information relating to the intended export as the Secretary or authorized person requires.”; and

(b) by adding at the end thereof the following sub-regulations:—

“(2.) Where an authorized price has been determined by the Board, a licensee shall not, without the written consent of the Secretary—

(a) sell apples or pears overseas at a price less than the authorized price;

(b)export apples or pears for sale overseas at a price less than the authorized price;

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

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

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

(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 a person—

(i) in respect of the sale overseas of apples or pears at a price less than the authorized price; or

 

(ii) so that the sale overseas of apples or pears at a price less than the authorized price may be enabled, facilitated, or encouraged.

“(3.) A licensee shall not enter into any contract or agreement to export apples or pears to a place other than the United Kingdom, the continent of Europe or the continent of North America unless that contract or agreement provides—

(a) that the apples or pears shall be shipped f.o.b.; and

(b) for terms of payment not less favorable to the licensee than payment by bill of exchange payable on demand.”.

5. After regulation 7 of the Apple and Pear Organization (Licences and Permits) Regulations the following regulation is inserted:—

Ports from and to which exports may be made.

“7a.—(1.) The Board may determine the port or ports from which and the port or ports to which a licensee may export apples and pears, and those ports shall be specified in the licence.

“(2.) In determining whether a licensee may export apples or pears from a port or ports, the Board shall have regard to the experience of the licensee in exporting apples and pears from., and the packing, cold storage and shipping facilities available to the licensee at, that port or those ports and any other matter that, in the opinion of the Board, concerns the welfare of the apple and pear export trade of the Commonwealth.

“(3.) In determining whether a licensee may export apples or pears to a port or ports, the Board shall have regard to the experience of the licensee in exporting apples and pears to that port or those ports or to ports where marketing conditions similar to those at that port or those ports exist, and to any other matter that, in the opinion of the Board, concerns the welfare of the apple and pear export trade of the Commonwealth.

“(4.) A licensee shall not export apples or pears—

(a) from a port other than a port specified in his licence as a port from which he may export; or

(b) to a port other than a port specified in his licence as a port to which he may export.”.

Shipment return.

6. Regulation 9 of the Apple and Pear Organization (Licences and Permits) Regulations is amended—

(a) by omitting the word “After” and inserting in its stead the words “Within seven days after the”; and

(b) by omitting the words “the Form in the Schedule to these Regulations” and inserting in their stead the words “Form E”.

7. The Schedule to the Apple and Pear Organization (Licences and Permits) Regulations is repealed and the following Schedule inserted in its stead:—

THE SCHEDULE. The Schedule.

Form A.

Regulation 4a.

Commonwealth of Australia.

Apple and Pear Organization Act 1938-1948.

APPLICATION FOR A LICENCE TO EXPORT APPLES AND PEARS.

I/We , of , hereby apply for a licence to export apples and pears from* to—

  (a) ports of the United Kingdom and Northern Ireland;

  (b) ports of the continent of Europe [other than the United Kingdom and Northern Ireland];

  (c) ports of the continents of North America and South America;

  (d) ports of Malta and such of the ports of the continents of Africa and Asia as are on the Mediterranean Sea or the Red Sea;

  (e) ports of India, Pakistan and Ceylon and ports on the Persian Gulf and the Gulf of Aden;

  (f) ports of Asia [other than Asian ports specified in paragraphs (d) and (e) above];

  (g) ports in Madagascar and Mauritius and such ports of the continent of Africa as are on the Indian Ocean;

  (h) ports of the West Indies;

  (i) ports of islands in the Pacific Ocean;

‡ (j)

Dated this day of , 19

Signature of applicant (s)

* Here insert name (s) of the port (s) from which you desire to export.

  Strike out such of the paragraphs (a) to (i) as do not include a port to which you desire to export.

‡ Here insert the name of any port to which you desire to export but which is not included in paragraphs (a) to (i).

 

Form B.

Regulation 4a.

Licence No.

Commonwealth of Australia.

Apple and Pear Organization Act 1938-1948.

LICENCE TO EXPORT APPLES AND PEARS.

In pursuance of section 14 of the Apple and Pear Organization Act 1938-1948, and on the recommendation of the Australian Apple and Pear Board, I , a person authorized in writing by the Minister of State, for Commerce and Agriculture to issue licences under that Act, hereby issue to of a licence to export apples and pears from the Commonwealth from the port (s) of to the port (s) specified in paragraph (s) of the Schedule to this licence during the period commencing on , 19 , and ending on , 19 , in accordance with the conditions and restrictions prescribed by the Regulations for the time being in force under that Act, and subject to a permit being obtained under that Act to export the apples and pears.

Dated this day of , 19 .

Signature of authorized person.

 

Schedule.

Ports to which Apples and Pears may be Exported.

(a) Ports of the United Kingdom and Northern Ireland.

(b) Ports of the continent of Europe [other than the United Kingdom and Northern Ireland].

(c) Ports of the continents of North America and South America.

(d)Ports of Malta and such of the ports of the continents of Africa and Asia as are on the Mediterranean Sea or the Red Sea.

(e) Ports of India, Pakistan and Ceylon and ports on the Persian Gulf and the Gulf of Aden.

(f) Ports of Asia [other than Asian ports specified in paragraphs (d) and (e) above].

(g)Ports in Madagascar and Mauritius and such ports of the continent of Africa as are on the Indian Ocean.

(h) Ports of the West Indies.

(i) Ports of islands in the Pacific Ocean.

*(j)

* Here insert the name of any port to which the licensee may export but which is not included in paragraphs (a) to (i) above.

 

Form C

Regulation 5.

Commonwealth of Australia.

Apple and Pear Organization Act 1938-1948.

APPLICATION FOR PERMIT TO EXPORT APPLES AND PEARS.

To: The Secretary,

Australian Apple and Pear Board.

I/We* of (being the holder (s) of Licence to Export Apples and Pears No. issued under the Apple and Pear Organization Act 1938-1948 for the period from , 19 , to , 19 ) hereby apply for a permit to export packages of apples (being the equivalent of bushels) and packages of pears (being the equivalent of bushels) from the port of in the refrigerated/non-refrigerated *vessel

Dated this day of , 19 .

Signature of Licensee (s)

* Strike out the word which is not applicable.

 

Permit No. Form D.

Regulation 5.

Commonwealth of Australia.

Apple and Pear Organization Act 1938-1948.

PERMIT TO EXPORT APPLES AND PEARS.

Permission is hereby granted by the Australian Apple and Pear Board to    of (being the holder (s) of Licence to Export Apples and Pears No.   ) to export  packages of apples (being the equivalent of   bushels) and   packages of pears (being the equivalent of bushels) from the port of to the port of   in the refrigerated/non-refrigerated vessel

Dated this day of , 19 .

for and on behalf of the Australian Apple and Pear Board.

Form E.

Regulation 9.

Commonwealth of Australia.

Apple and Pear Organization Act 1938-1948.

SHIPMENT RETURN.

I/we   (being the holder (s) of Permit to Export Apples and Pears No.   ) hereby declare that the apples and pears specified in the Permit were shipped in accordance with the permit except as stated hereunder*

Exceptions.

Dated this  day of , 19 .

Signature (s)

* Strike out the words in italics if the shipment was made in accordance with the Permit. If the shipment was not so made, insert particulars of the variations in the space provided under the word “Exceptions”.

 

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