Dairy Produce (Inter-state Trade) Regulations (Amendment) (Cth)

STATUTORY RULES.

1934. No. 131.

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REGULATIONS UNDER THE DAIRY PRODUCE ACT 1933.*

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 Dairy Produce Act 1933.

Dated this twenty-third day of October, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce.

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Amendments of Dairy Produce (Inter-State Trade) Regulations.  

Definitions.

1. Regulation 2 of the Dairy Produce (Inter-State Trade) Regulations is amended by inserting after the words “these Regulations” (wherever occurring in sub-regulation (2.) of that regulation) the words “as amended from time to time,”.

2. Regulation 6 of the Dairy Produce (Inter-State Trade) Regulations is repealed and the following regulation inserted in its stead:—

Owner’s licences.

“6.—(1.) An owner’s licence shall be in accordance with Form B, and shall be issued for the period commencing with the date on which the licence is issued and ending on the thirty-first day of December of the year in which the licence is issued.

(2.) An owner’s licence shall be issued upon the following terms and conditions:—

(i) That the licensee shall, at the time of delivery by him of any consignment of dairy produce to a carrier for carriage from a place in one State into or through another State to a place in Australia beyond the first-mentioned State, submit to the carrier for certification a Statement, in accordance with Form D, completed by the licensee, containing particulars of the consignment.

(ii) That the licensee shall, within ten days after the end of each calendar month, furnish to the prescribed authority which issued his licence on return in accordance with Form C, together with a Statement and Carrier’s Certificate in accordance with Form D in respect of each consignment of dairy produce delivered during that month by the licensee to a carrier for carriage from a place in one State into or through another State to a place in Australia beyond the first-mentioned State.

(iii) That this licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of the dairy produce produced in Australia during any specified period, which comes into the possession or custody of the

* Notified in the Commonwealth Gazette on 1st November,1934.   Statutory Rules 1934, No. 59.

3984.—Price 5d.

licenses, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette.

(iv) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of the dairy produce produced in Australia during any period specified by the Minister in any notification of the kind referred toin the last preceding paragraph, which is held in stock by the licensee at the date of the issue of his licence, and of any other dairy produce produced in Australia during that period which comes into his custody or possession, as is determined by a prescribed authority to be necessary to place him (so far as it is possible to do so without requiring him to acquire for the purpose of export additional quantities of dairy produce produced during any period so specified) upon the same footing with respect to the export of dairy produce as licensees to whom licences were issued prior to that date.

(v.) That, in the calculation of this percentage of dairy produce which has been exported by the licensee, of which the licensee is required to export in pursuance of paragraphs (iii) and (iv) of these terms and conditions; there shall be excepted from the dairy produce coming into the possession or custody of the licensee any dairy produce which has been taken into account in applying the percentage in respect of any other licensee.

(vi) That the licensee shall whenever so required by a prescribed authority, give to that authority, within such time as that authority fixes, security for compliance by the licensee with the forms and conditions of his license.

(vii) That whenever the Minister is not satisfied either as to the sufficiency of the amount of, or otherwise as to, any security, the prescribed authority may require the licensee to give a fresh security and the licensee shall give a fresh security accordingly.

(viii) That the licensee shall number consecutively each consignment of dairy produce intended for delivery to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made, and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dairy producer. —

(a) the number of the consignment;

(b)the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and

(c) the number of his licence, and the year on the last day of which the licence expires.

(ix) That the licensee shall, if so required bya prescribed authority, furnish or produce to that authority, within such period as that authority fixes, his licence, and such documents relating to any dairy produce in his possession or custody as that authority specifies.

(x) That the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such other terms and conditions as are prescribed after his licence is issued either in lieu of or in addition to the terms and conditions specified in his licence”.

Carrier’s licence.

3. Regulation 8 of the Dairy Produce (Inter-State Trade) Regulations is amended by omitting sub-paragraph (ii) of paragraph (b) and inserting in its stead the following paragraphs;—

“(ii) That the licensee shall, forthwith after he has accepted any consignment of dairy produce for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, complete the Carrier’s Certificate on the Owner’s Statement (in accordance with Form D) submitted to him by the owner of that dairy produce and return that statement so certified to the owner.

“(iii) That the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such other terms and conditions as are prescribed after his licence is issued either in lieu of or in addition to the conditions specified in his licence.”

Incorrect application, return statement or certificate.

4. Regulation 16 of the Dairy Produce (Inter-State Trade) Regulations is amended, by inserting after the word “return,” the word “statement”.

Form B.

5. Form B in the Schedule to the Dairy Produce (Inter-State Trade) Regulations is repealed and the following Form inserted in its stead:—

“FORM B. Regulation 6.

Licence No.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

OWNER’S LICENCE TO TRADE INTER-STATE IN DAIRY PRODUCE.

In pursuance of the Dairy Produce Act 1933 and the Dairy Produce (Inter-State Trade) Regulations, of the State of , a prescribed authority under the Dairy Produce Act 1933; hereby grants to of , an owner’s licence for the period commencing on 10 , and ending on 31st December, 19 , permitting him to deliver the following dairy produce:—

for carriage from the State of to the State(s) of  upon the following terms and conditions:—

(i) That the licensee, shall at the time of delivery by him of any consignment of dairy produce to a carrier for carriage from a place in one State into or through another State to aplace in Australia beyond the first-mentioned State, submit to the carrier for certification a Statement, in accordance with Form D, completed by the licensee, containing particulars of the consignment.

(ii) That the licensee shall, within ten days after the end of each calendar month, furnish to the prescribed authority which issued his licence a return in accordance with Form C, together with a Statement and Carrier’s Certificate in accordance with Form D in respect of

 

each consignment of dairy produce delivered during that month by the licensee to a carrier for carriage from a place in one State into or through another State to a place in Australia beyond the first-mentioned State.

(iii) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of the dairy produce produced in Australia during any specified period, which comes into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette.

(iv) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of the dairy produce produced in Australia during any period specified by the Minister in any notification of the kind referred to in the last preceding paragraph, which is held in stock by the licensee at the date of the issue of his licence, and of any other dairy produce produced in Australia during that period which comes into his custody or possession, as is determined by a prescribed authority to be necessary to place him (so far as it is possible to do so without requiring him to acquire for the purpose of expert additional quantities of dairy produce produced during any period so specified upon the same footing with respect to the export, of dairy produce as licensees to whom licences were issued, prior to that date.

(v) That, in the calculation of the percentage of dairy produce which has been exported by the licensee, or which the licensee is required to export in pursuance of paragraphs (iii) and (iv) of these terms and conditions, there shall be excepted from the dairy produce coming into the possession or custody of the licensee any dairy produce which has been taken into account in applying the percentage in respect of any other licensee.

(vi) That the licensee shall, whenever so required by a prescribed authority, give to that authority, within such time as that authority fixes, security for compliance by the licensee with the terms and conditions of his licence.

(vii) That whenever the Minister is not satisfied either as to the sufficiency of the amount of, or otherwise as to, any security, the prescribed authority may require the licensee to give a fresh security and the licensee shall give a fresh security accordingly.

(viii) That the licensee shall number consecutively each consignment of dairy produce intended for delivery to any person for carriage into or through author State to aplace in Australia beyond the State in which the delivery is made, and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dairy produce-

(a) the number of the consignment;

(b) the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and

(c) the number of his licence, and the year on the last, day of which the licence expires.

(ix) That the licensee shall, if so required by a prescribed authority, furnish or produce to that authority, within such period as that authority fixes, his licence, and such documents relating to any dairy produce in his possession or custody as that authority specifies.

(x) That the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such other terms and conditions as are prescribed after his licence is issued either in lieu of or in addition to the terms and conditions specified in his licence.

Dated this day of , 19  .

N.B.—Section 5 (5.) of the Dairy Produce Act 1933 reads as follows—

‘(5.) Where the Minister, on report by a prescribed authority, is satisfied that any person to whom a licence has been issued under this section has

contravened or failed to comply with any term or condition of the licence, the Minister may cancel the licence and the licence shall thereupon cease to be of any force or effect.’

Regulation 17 (1.) of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

17.—(1.) Any person, who fails to comply with, or contravenes, any of these regulations, and any licensee who fails to comply with, or contravenes, any term or condition of a licence, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.’.”.

Form C

6. Form C in the Schedule to the Dairy Produce (Inter-State Trade) Regulations is amended—

(a) by omitting, the words “Totals as per last return” (wherever occurring); and

(b) by inserting, after the words “Any person who makes any false or incorrect statement in any application, return,”, the word “statement,”.

Form D.

7. Form D in the Schedule to the Dairy Produce (Inter-State Trade) Regulations is repealed and the following Form inserted in its stead:

“Form D. Regulation 6.

No.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

OWNER’S STATEMENT.

Note.—This Statement is to be submitted by the owner-licensee to the owner-licensee at the time of delivery to this carrier licensee of any consignment of dairy produce for carriage inter-State.

* Strike out word which is inapplicable

 Here insert name and address for carrier-licensee.

I, of being

the holder of owner’s licence No. issued for the period commencing on 19  , and ending on 31st December, 19  , to deliver *butter/*cheese for carriage from the State of   to the State (s) of    do hereby furnish the following particulars with; respect to*butter/*cheese delivered by me on   19  , to  

of   , the holder of a carrier’s licence:—

Name and Address of each consignee.	Quantity Delivered by the Owner-Licensee to the Carrier-Licensee for carriage to Each Consignee.
	Butter	Cheese.
1b.	lb.	‡Cable Feet.
Totals..........................

 Insert cable measurement of cheese as well as weight in pounds only if dairy produce is delivered to a carrier-licensee for carriage interstate by sea.

The particulars shown in the foregoing statement are true and correct in every detail.

Dated this day of , 19

(Signature of owner-licensee.)

CARRIER’S CERTIFICATE.

I, of being the holder of carrier’s licence No. , issued for the period commencing on   10 , and ending on 31st December, 19 hereby certify that the dairy produce-shown in the foregoing Owner’s Statement was received by me on  , 19 , for carriage to the consignees specified in that statement.

Dated this day of  19 .

(Signature of carrier-licensee.)

N.B.—Regulation 16 of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

16. Any person who makes any false or incorrect statement in any application, return, statement, or certificate, under these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.’.”.

Form E.

8. Form E in the Schedule to the Dairy Produce (Inter-State Trade) Regulations is amended by inserting after the words “Any person, who makes any false or incorrect statement in any application, return,” the word “statement,”.

Form F.

9. Form F in the Schedule to the Dairy Produce (Inter-State Trade) Regulations is amended by omitting paragraph (ii) and inserting in its stead the following paragraphs:—

“(ii) That the licensee shall, forthwith after he has accepted any consignment of dairy produce for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, complete the Carrier’s Certificate on the Owner’s Statement (in accordance with Form D) submitted to him by the owner of that dairy produce and return that statement so certified to the owner.

“(iii) That the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such other terms and conditions as are prescribed after his licence is issued either in lieu of or in addition to the terms and conditions specified in his licence”.

Conditions in existing licences deemed to be altered.

10.On and after the date of the commencement of these Regulations the terms and conditions prescribed by regulation 6 or regulation 8 of the Dairy Produce (Inter-State Trade) Regulations, as amended by these Regulations, shall be deemed to have been inserted, as from that date, in all owners’ licences or carriers’ licences, as the case may be, issued prior to that date, in lieu of the terms and conditions inserted upon the issue of those licences.

New licences may be issued.

11.—(1.) A prescribed authority may, by notice in writing, require any licensee to whom a licence was issued prior to the date of commencement of these Regulations to deliver that licence to the prescribed authority, who shall thereupon issue a new licence upon the terms and conditions prescribed by regulation 6, or regulation 8, as the case may be, of the Dairy Produce (Inter-State Trade) Regulations, as amended by these Regulations.

(2.) Any licensee who neglects or fails to deliver his licence to a prescribed authority when required to do so in pursuance of this regulation shall be guilty of an offence.

Penalty: Fifty pounds.

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