Dairy Produce Export Control (Licences) Regulations (Amendment) (Cth)

STATUTORY RULES.

1933. No. 39.

 

REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924.

I,THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and in accordance with a recommendation by the Dairy Produce Control Board, hereby make the following Regulations under the Dairy Produce Export Control Act 1924, to come into operation on and from 15th March, 1933.

Dated this fifteenth day of March, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED. H. STEWART

Minister of State for Commerce.

 

Amendment of Dairy Produce Export Control (Licences) Regulations.

(Statutory Rules 1925, No. 124, as amended to this date.)

1. Regulation 3 of the Dairy Produce Export Control (Licences) Regulations is amended—

(a) by inserting after the letters “c.i.f.” in sub-paragraph (iii) of paragraph (a) the word and letters “or c.i.f. & e.”

(b) by inserting after the letters “c.i.f.” in sub-paragraph (iv) of paragraph (a) the word and letters “or c.i.f. & e.”

(c) by omitting from paragraph (e) the words “, after fourteen days’ notice from the Board,”;

(d) by inserting after paragraph (ea) the following paragraph:—

“(eb) the licensee shall not enter into any contract or agreement for the sale of butter f.o.b. or c.i.f. or c.i.f. & e. for shipment to the United Kingdom unless—

(a) the butter has previously been delivered to an appointed place for examination and marking in accordance with the Commerce (Export Dairy Produce) Regulations provided, however, that in case the licensee shall enter into a contract or agreement for the sale of butter as aforesaid before the butter, the subject of such contract or agreement, has been delivered to an appointed place, the licensee shall not be deemed to have committed a breach of this paragraph of this condition if the butter, the subject of such contract or agreement, is delivered to the appointed place for examination and marking as aforesaid within seven days after the date upon which the licensee enters into such contract or agreement; and

358.—Price 3d.

 

(b) the price fixed under the contract or agreement is not less than such price as is for the time being determined by the Board upon the basis of the price ruling in London after taking into account such rates of commissions and other charges and allowances as are for the time being fixed by the Board as reasonable.”

(e) by omitting from paragraph (f) the words “, after fourteen days’ notice in writing by the Board;”; and

(f) by inserting after the word “restrictions” in paragraph (f) the words “(including amendments of any conditions)”.

2.—(1.) Form A in the Schedule to the Dairy Produce Export Control (Licences) Regulations is amended—

(a) by inserting after the letters “c.i.f.” in paragraph (c) of condition (1) the word and letters “or c.i.f. & e.”;

(b) by inserting after the letters “c.i.f.” in paragraph (d) of condition (1) the word and letters “or c.i.f. & e.”;

(c) by omitting from condition (5) the words “, after fourteen days’ notice from the Board,”;

(d) by inserting after condition (5a) the following condition:—

“(5b) That the licensee shall not enter into any contract or agreement for the sale of butter f.o.b. or c.i.f. or c.i.f. & e. for shipment to the United Kingdom unless—

(a) the butter has previously been delivered to an appointed place for examination and marking in accordance with the Commerce (Export Dairy Produce) Regulations provided, however, that in case the licensee shall enter into a contract or agreement for the sale of butter as aforesaid before the butter, the subject of such contract or agreement, has been delivered to an appointed place, the licensee shall not be deemed to have committed a breach of this paragraph of this condition if the butter, the subject of such contract or agreement, is delivered to the appointed place for examination and marking as aforesaid within seven days after the date upon which the licensee enters into such contract or agreement; and

(b). the price fixed under the contract or agreement is not less than such price as is for the time being determined by the Board upon the basis of the price ruling in London after taking into account such rates of commissions and other charges and allowances as are for the time being fixed by the Board as reasonable.”

(e) by omitting from condition 6 the words “, after fourteen days’ notice in writing by the Board,”; and

(f) by inserting after the word “restrictions” in condition (6) the words “(including amendments to any conditions or restrictions)”.

(2.) All licences issued prior to the commencement of these Regulations shall be deemed to be amended in accordance with the amendments effected by this regulation.

 

3. Form D in the Schedule to the Dairy Produce Export Control (Licences) Regulations is repealed and the following Form inserted in its stead:—

Form D.

Commonwealth of Australia.

Dairy Produce Export Control Act 1924.

BUTTER EXPORTED AND SOLD F.O.B. OR C.I.F. OR C.I.F. & E.

The Secretary,

Dairy Produce Control Board,

I (1) of Holder of Licence No. granted for the period from 19 to 19 to export dairy produce do solemnly and sincerely declare that the following particulars furnished by me with respect to butter exported and sold f.o.b. or c.i.f. or c.i.f. & e, pursuant to the licence are true and correct in every detail:—

(a) The following butter has been shipped pursuant to the licence:—

Name and address  of owner.	Name and address of manufacturer.	Brands.	Grades.	Salted or unsalted	Number of boxes shipped each brand and grade.	Total net weight.				Name and address of purchaser.	Net price paid by purchaser. (State whether sold f.o.b. or c.i.f. or c.i.f.& o.)
Tons.	cwt.	qr.	lb.	0

(ii) (b) The date of the contract or agreement for the sale of the butter is 19 .

(ii) (c) The date on which the butter was delivered to the appointed place at for examination, and marking in accordance with the Commerce (Export Dairy Produce) Regulations is 19 .

(d) The date on which the butter was shipped is 19 .

(e) The name of the vessel on which the butter was shipped is

(f) The port from which the butter was shipped is

(g) The ports/port at which the butter will be loaded are/is

(h) The name of the Insurance Company with which the butter is insured is

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

(iii)

Declared at the day of 19 .

Before me—

(iv)

(v)

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.

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

(ii) Paragraphs (b) and (c) should be completed only in respect of butter shipped to the United Kingdom.

(iii) Signature of person (licensee) making the declaration.

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

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

4. Form E in the Schedule to the Dairy Produce Export Control (Licences) Regulations is amended by inserting after the letters “c.i.f.” (wherever occurring) the word and letters “or c.i.f. & e.”

 

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