Dried Fruits Export Control (Licences) Regulations (Cth)
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - In force under the
Australian Dried Fruits Corporation Act 1978
- Reprinted as at 31 July 1982 (HISTREG CHAP 353 #DATE 31:07:1982)
Australian Dried Fruits Corporation Act 1978
- Reprinted as at 31 July 1982 (HISTREG CHAP 353 #DATE 31:07:1982)
*1* The Dried Fruits Export Control (Licences) Regulations (in force under the
Statutory Rules 1978 No. 284 amended as indicated in the Tables below.
Table of Statutory Rules
-----------------------------------------------------------------------------
Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
----------------------------------------------------------------------------- 1978 No. 284 29 Dec 1978 29 Dec 1978
1980 No. 331 12 Nov 1980 12 Nov 1980 -
-----------------------------------------------------------------------------
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- R. 4 . . . . . . . . . rs. 1980 No. 331
R. 5 . . . . . . . . . am. 1980 No. 331
R. 8 . . . . . . . . . am. 1980 No. 331
R. 10 . . . . . . . . am. 1980 No. 331
R. 10A . . . . . . . . ad. 1980 No. 331
R. 13 . . . . . . . . rep. 1980 No. 331
The Schedule . . . . . am. 1980 No. 331
-----------------------------------------------------------------------------
DRIED FRUITS 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. Authorized person may take samples
10A. Application for review of decisions
11. Notices
12. False information
THE SCHEDULE
Forms
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Dried Fruits Export Control (Licences) Regulations.*1*
See notes to first article of this CHAPTER.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 2.
Repeal
2. The Dried Fruits Export Control (Licences) Regulations (being Statutory Rules 1954 No. 53, Statutory Rules 1960 No. 83 and Statutory Rules 1963 No. 39) are repealed.
DRIED FRUITS 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 Corporation;
"authorized price", in relation to a sale of dried fruits, 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 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 Australian Dried Fruits Corporation Act 1978.
(2) In these Regulations, a reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 4.
Regulation of export
4. The export of dried fruits otherwise than by the Corporation is prohibited except by a licensee.
DRIED FRUITS 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 grant a licence to export dried fruits.
(2) A licence granted in pursuance of the last preceding sub-regulation shall, subject to this regulation, be in force for the period specified in the licence.
(3) Where a person to whom a licence has been granted has failed to comply with a provision of these Regulations or with an undertaking given for the purposes of these Regulations, the Minister may cancel the licence or suspend the licence for such period as he thinks fit.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 6.
Form of licence
6. A licence to export dried fruits shall be in accordance with Form A.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 7.
Conditions and restrictions
7. (1) A licensee shall not export dried fruits unless-
(a) any purchaser, agent or representative to or through whom the dried fruits are shipped is approved by the Corporation for the purposes of these Regulations;
(b) the dried fruits are insured with a person approved by the Corporation;
(c) the dried fruits have been sold before export, or are consigned, upon terms and conditions approved by the Corporation;
(d) the export of the dried fruits is in accordance with any directions of the Corporation with respect to the quantities of each kind and grade of dried fruits which may be exported by the licensee either generally or to particular places;
(e) he has, if so required by the Corporation or an authorized person, given an undertaking to the satisfaction of the Corporation that he will not, without the consent of the Corporation-
(i) sell any of the dried fruits 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 dried fruits 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 dried fruits overseas at a price less than the authorized price;
(iv) facilitate, counsel, procure or encourage the sale overseas of any of the dried fruits 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 dried fruits 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 dried fruits have been sold before export, or are consigned; 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 dried fruits overseas at a price less than the authorized price; and
(f) the licensee has obtained from the Corporation or an authorized person a certificate in accordance with Form C (which certificate has not been revoked) certifying that the export is authorized by the Corporation, and the export is in accordance with the particulars shown in the certificate.
(2) A licensee shall not export dried fruits on consignment unless he has given an undertaking to the satisfaction of the Corporation that-
(a) the sale or other disposal of the dried fruits will not be completed until the terms of sale or other disposal are approved by the Corporation or an authorized person;
(b) the licensee will comply, or cause the consignee to comply, with any order of the Corporation in respect of the treatment of the dried fruits by fumigation, re-cleaning or otherwise; and
(c) the dried fruits will, while they are under the control of the consignee, be stored in such places as the Corporation approves.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 8.
Certificate of authority to export
8. (1) An application by a licensee for a certificate in accordance with Form C in relation to any dried fruits proposed to be exported shall be in accordance with Form B and shall be lodged, in duplicate, with the Corporation or an authorized person not less than fourteen days before the date of export.
(2) Where an application is made in accordance with sub-regulation (1), the Corporation or an authorized person shall grant a certificate for the export of the dried fruits unless the export would not be in conformity with these Regulations or with any direction or determination of the Corporation.
(3) A certificate granted under this regulation may be revoked by the Corporation or an authorized person by notice in writing to the licensee at any time before the export of the dried fruits to which it relates.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 9.
Determination of minimum prices
9. (1) For the purposes of these Regulations, the Corporation or an authorized person may, from time to time, determine, or determine the manner of calculation of, minimum prices for the sale of dried fruits to be exported or for the sale overseas of exported dried fruits.
(2) A determination under this regulation may make provision with respect to-
(a) different varieties of dried fruits; and
(b) different grades of varieties of dried fruits,
exported or to be exported to different countries.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 10.
Authorized person may take samples
10.
(2) A licensee shall, upon demand by the Corporation or an authorized person, permit an authorized person to take samples of any dried fruits produced in the Commonwealth and owned by, or in the custody, possession, or control of, the licensee, whether the dried fruits are in the Commonwealth or are overseas.
Penalty: $200.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 10A.
Application for review of decisions
10A. An application may be made to the Administrative Appeals Tribunal for the review of-
(a) a decision by the Minister, or a person authorized in writing by the Minister to grant licences under these Regulations, not to grant under sub-regulation 5 (1) a licence to export dried fruits;
(b) a decision by the Minister under sub-regulation 5 (3) to cancel or suspend a licence;
(c) a decision by the Corporation or an authorized person not to grant under sub-regulation 8 (2) a certificate for the export of dried fruits; and
(d) a decision by the Corporation or an authorized person under sub-regulation 8 (3) to revoke a certificate for the export of dried fruits.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SECT. 11.
Notices
11. A notice or other document for the purposes of these Regulations may be served on a licensee by post at his address specified in his licence.
DRIED FRUITS 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: $200.
DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS - SCHEDULE SCH
THE SCHEDULE
Regulation 6
FORM A No .
COMMONWEALTH OF AUSTRALIA
Dried Fruits Export Control (Licences) Regulations
LICENCE TO EXPORT DRIED FRUITS
In pursuance of regulation 5 of the Dried Fruits Export Control (Licences)
Regulations, I
(a) the Minister of State for
(a) a person authorized by the Minister of State for
to grant licences under those Regulations,
hereby grant to
of
a licence to export dried fruits from the Commonwealth, subject to those
Regulations, during the period commencing on , 19 and ending on , 19 .
Dated the day of , 19 .
(a) Minister of State for
(a) An authorized person.
(a) Strike out whichever is inapplicable.
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FORM B Regulation 8
COMMONWEALTH OF AUSTRALIA
Dried Fruits Export Control (Licences) Regulations
APPLICATION FOR AUTHORITY TO EXPORT DRIED FRUITS
To-
The Australian Dried Fruits Corporation
I
We
of
being the holder(s) of Licence No.
to export dried fruits, granted for the period commencing on , 19 and ending on , 19 , hereby apply for a certificate of authority to export the following dried fruits:
------------------------------------------------------------------------------ -- Number of
Boxes or other
Containers and Total Net Class of Fruit Net Weight of
Each Grade Shipping Marks Weight ------------------------------------------------------------------------------ -- Currants . . . .
Sultanas . . . .
Raisins . . . .
------------------------------------------------------------------------------ --
The vessel in which it is proposed to ship the dried fruits is
leaving on or about ,
19 .
The port to which the dried fruits will be shipped is
The fruits are to be shipped (a)
to (b)
The full name and address of the packer of the dried fruits is
The owner of the dried fruits at the time of shipment from Australia is
The price paid to the packer of the dried fruits is as follows:
Gross price
Deductions by way of-
Discount
Commission
Brokerage
Rebate
Any other allowances
Net price
(c) The price at which the fruits have been sold to the overseas purchaser is as follows:
Gross price c.i.f. or f.o.b.
Deductions by way of-
Discount
Commission
Brokerage
Rebate
Any other allowances
Net price c.i.f. or f.o.b.
(d) 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
We
declare that the information given in this application is true and correct in
every particular.
Dated this day of , 19 .
(Signature of licensee)
(a) State whether "on consignment" or "in pursuance of a sale actually made to an overseas purchaser, namely to" (as the case may be). (b) State full name and address of consignee or purchaser.
(c) Strike out if the fruits are to be shipped on consignment.
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FORM C Regulations 7 and 8
No.
COMMONWEALTH OF AUSTRALIA
Dried Fruits Export Control (Licences) Regulations
CERTIFICATE OF AUTHORITY TO EXPORT DRIED FRUITS
This is to certify that
of
to whom Licence No. dated , 19 , has been granted to export dried fruits is authorized by the Australian Dried
Fruits Corporation to export from the Commonwealth the following dried fruits:
------------------------------------------------------------------------------ -- Number of Boxes
or other
Containers
and Net Weight Total Net Class of Fruit of Each Grade Shipping Marks Weight ------------------------------------------------------------------------------ -- Currants . . . .
Sultanas . . . .
Raisins . . . .
------------------------------------------------------------------------------ --
The dried fruits are to be shipped from
to by , leaving on or about , 19 .
Dated this day of , 19 .
(signature of person granting certificate)
0
0
0