Canned Fruits Export Control (Licences) Regulations (Cth)

STATUTORY RULES.

1927. No. 16.

 

REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926.

WHEREAS it is enacted by the Canned Fruits Export Control Act 1926 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 on and after the fourteenth day of February, 1927, 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 in the Regulations hereunder:

Now therefore I, the Deputy of 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, to come into operation forthwith.

Dated this tenth day of February, 1927.

SOMERS,

Deputy of the Governor-General.

By His Excellency’s Command,

T. PATERSON,

Minister of State for Markets and Migration.

 

Canned Fruits Export Control (Licences) Regulations.

Short title.

1. These Regulations may be cited as the Canned Fruits Export Control (Licences) 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 to the Department of Markets and Migration;

“licence” means a licence under section fourteen of the Act.

Application for licence to export to the United Kingdom.

3. Anapplication for a licence to export canned fruits to the United Kingdom shall be in accordance with Form A in the schedule to these Regulations, and shall be supported by such evidence as the Minister requires.

Licence to export.

4. A licence to export canned fruits to the United Kingdom shall be granted upon and subject to the following conditions:—

(a) That the exporter shall insure each shipment of canned fruits with such company or companies as the Board determines;

(b) That the exporter shall ship all canned fruits through such shipping companies as the Board determines;

(c) That the exporter shall not complete the sale of the canned fruits until the contract of sale is approved of by the Board, or some person authorized in that behalf by the Board; and

(d) That the statements contained in the application are true and correct in every particular.

Certificate to be issued to licensee.

5. Upon the granting of a licence to export canned fruits to the United Kingdom, the Secretary or any officer authorized in that behalf by the Secretary shall issue to the licensee a certificate in accordance with Form B in the schedule to these Regulations.

Certificate of issue of licence.

6. A certificate in accordance with Form C in the schedule to these Regulations, signed by the Secretary, or an officer authorized in that behalf by the Secretary, shall be evidence of the granting of a licence by the Minister to export canned fruits to the United Kingdom.

Licence to export to destinations other than the United Kingdom.

7. A licence to export canned fruits to destinations other than the United Kingdom shall be granted upon and subject to the following conditions:—

(a) That the licensee shall within seven days after the shipment of canned fruits to any destination other than the United Kingdom furnish a return to the Board in accordance with Form E in the schedule to these Regulations;

(b) that the canned fruits have actually been sold for consumption outside Australia at a price which is not less than that fixed by the Board;

(c) That the exporter shall insure each shipment of canned fruits with such company or companies as the Board determines;

(d) That the exporter shall ship all canned fruits through such shipping companies as the Board determines;

(e) that the licence shall, after fourteen days’ notice in writing by the Board, comply with such other conditions or restrictions as are prescribed after the licence is granted; and

(f) that the statements contained in the returns furnished in accordance with paragraph (a) of this regulation are true and correct in every particular.

Certificate to be issued to licensee.

8. Upon the granting of a licence to export canned fruits to destinations other than the United Kingdom, the Secretary or an officer authorized in that behalf by the Secretary shall issue a certificate in accordance with Form D in the schedule to these Regulations.

THE SCHEDULE.

Form A.

No………..

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

APPLICATION FOR LICENCE TO EXPORT CANNED FRUITS TO THE UNITED KINGDOM.

(1) Here insert full name and address of applicant.

(2) Here insert destination of fruit.

I (1).........................of.......................hereby make application for a licence to export canned fruits to (2)...............................

In connexion with this application I furnish the following particulars:—

(a) The canned fruits in respect of which the licence is desired are as follows:—

Variety of Fruit.	Number of Dozen Tins.	Size of Tins.	Grade.	Total net Weight.
Apricots......................................
Clingstone Peaches......................
Pears...........................................

(b) The name of the vessel on which the canned fruits will be shipped is………...............

(c) The port at which the fruits will be landed for sale is...........................

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

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

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

 (e) The fruits are to be shipped (3)..............................to (4)...............................

(f) The full name and address of the—

(i) packer of the fruit is........................

(ii) owner of the fruits at time of shipment from Australia is………………..

 (g) The price paid to the packer of the fruits is as follows:—

(i) Gross price.

(ii) Deductions by way of—

(1) Discount.

(2) Commission.

(3) Brokerage.

(4) Rebate.

(5) Any other allowances.

(iii) Net price.

 

(h) The price at which the fruits have been sold to the oversea purchaser is as follows:—

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

(ii) Deductions by way of—

(1) Discount.

(2) Commission.

(3) Brokerage.

(4) Rebate.

(5) Any other allowances.

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

(i) 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, the person making this application, declare that the particulars shown herein are true and correct in every detail.

Dated this day of , 1927.

Signature of applicant—

 

Form B.

No……….

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

LICENCE TO EXPORT CANNED FRUITS TO THE UNITED KINGDOM.

This is to certify that in pursuance of section fourteen of the Canned Fruits Export Control Act 1926, a licence for the period from................to................. (both inclusive) has beengranted to..................of............. to export to..........................the following canned fruits:—

Variety of Fruit. Grade of Fruit. Number of Dozen Tins. Size of Tins. Total net Weight. Name and Address of Consignee.

The licence is granted upon the following conditions:—

(a) That the exporter shall insure each shipment of canned fruits with such company or companies as the Board determines;

(b) that the exporter shall ship all canned fruits through suchshipping companies as the Board determines;

(c)that the exporter shall not complete the sale of the canned fruits until the contract of sale is approved of by the Board or any person authorized in that behalf by the Board: and

(d) that the statements contained in the application dated............. made by................are true and correct in every particular.

Dated this day of , 192 .

Secretary,

Department of Markets and Migration.

N.B.—

Section 14 (3) of the Canned Fruits Export Control Act 1926, reads—

“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.”

Form C.

No.............

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

CERTIFICATE OF ISSUE OF A LICENCE TO EXPORT CANNED FRUITS TO THE UNITED KINGDOM.

(1) Here insert full name and address of person to whom licence issued.

This is to certify that a licence No...... dated.....................has been issued to (1).............................to export canned fruits to the United Kingdom.

The particulars of the licence are as following—

(a)

Variety of Fruit.	Number of Dozen Tins.	Size of Tins.	Grade.	Total net Weight
Apricots......................................
Clingstone Peaches......................
Pears...........................................

(b) The fruits are to be exported from...............to..............by the s.s........

Dated this day of 192 .

Secretary,

Department of Markets and Migration.

 

Form D.

No. of Licence…….....

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

LICENCE TO EXPORT CANNED FRUITS TO DESTINATIONS OTHER THAN THE UNITED KINGDOM.

This is to certify that, in pursuance of section 14 of the Canned Fruits Export Control Act 1926, a licence for the period from…............to................ 192 (both inclusive) has been granted to..................to export canned fruits to destinations other than the United Kingdom on the following conditions:—

(a) That the licence shall within seven days after the shipment of canned fruits to any destination other than the United Kingdom, furnish a return to the Board in accordance with Form E in the schedule to the Canned Fruits Export Control (Licence) Regulations;

(b) That the canned fruits have actually been sold for consumption outside Australia at a price which is not less than that fixed by the Board;

(c) That the exporter shall insure each shipment of canned fruits with such company or companies as the Board determines;

(d) That the exporter shall ship all canned fruits through such shipping companies as the Board determines; and

(e) That the licensee shall, after fourteen days’ notice in writing by the Board, comply with such other conditions or restrictions as are prescribed after the licence is granted.

Dated this day of , 192 .

Secretary,

Department of Markets and Migration,

N.B.—

Section 14 (3) of the Canned Fruits Export Control Act 1926, reads:—

“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.”

Form E

Licence No.............

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

CANNED FRUITS EXPORTED TO DESTINATIONS OTHER THAN THE UNITED KINGDOM.

The Secretary,

Canned Fruits Control Board;

*Here insert full name and address of licensee.

I*.........................................of.......................................holder of Licence No.............to export canned fruits to destinations other than the United Kingdom, granted for the period from...............to.......192 , do hereby furnish the following particulars in respect of canned fruits shipped pursuant to the licence:—

(a) The following canned fruits have been shipped pursuant to the licence:—

Variety of Fruit.	Number of Dozen Tins.	Size of Tins.	Grade of Fruit.	Total net Weight.
Apricots......................................
Clingstone Peaches......................
Pears...........................................

(b) The date on which the canned fruits were shipped is.............. 192 .

(c) The name of the vessel on which the canned fruits were shipped is.......................

(d) The port from which the canned fruits were shipped is............

(e) The port at which the canned fruits will be landed for sale is........

(f) 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 case may be).

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

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

(h) The full name and address of the—

(i) packer of the fruit is................

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

(i) The price paid to the packer of the fruits is as follows:—

(i) Gross price.

(ii) Deductions by way of—

(1) Discount.

(2) Commission.

(3) Brokerage.

(4) Rebate

(5) Any other allowances.

(iii) Net price.

(j) The price at which the fruits have been sold to the oversea purchaser is as follows:—

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

(ii) Deductions by way of—

(1) Discount.

(2) Commission.

(3) Brokerage.

(4) Rebate.

(5) Any other allowance.

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

(k) 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..............................declare that the particulars shown herein are true and correct in every detail.

Dated this day of , 192 .

Signature of Licensee................................

 

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