Dried Fruits (Inter-State Trade) Regulations (Amendment) (Cth)

STATUTORY RULES.

1930. No. 151.

REGULATIONS UNDER THE DRIED FRUITS ACT 1928.

I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dried Fruits Act 1928, to come into operation forthwith.

Dated this sixteenth day of December, One thousand nine hundred and thirty.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command,

F. M. FORDE

Acting Minister of State for Markets.

 

Amendment of Dried Fruits (Interstate Trade) Regulations.

(Statutory Rules 1928, No. 91, as amended to this date.)

Definitions.

1. Regulation 2 of the Dried Fruits (Interstate Trade) Regulations is amended by adding at the end thereof the following definitions:—

“ ‘security’ means a security in pursuance of the Act and these Regulations; and

‘the Act ’ means the Dried Fruits Act 1928.”

Owner’s licence to trade Interstate.

2. Regulation 4 of the Dried Fruits (Interstate Trade) Regulations is amended—

(a) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) That the licensee shall export from Australia, during the period for which the licence has been issued, or such further period as the prescribed authority thinks necessary, such percentage of the output of dried fruits produced in the Commonwealth or imported into the Commonwealth and which come into the possession or custody of the licensee during the year to which the licence relates as the Minister upon report of a prescribed authority from time to time determines by notice in the Gazette:

Provided that, in the application of the percentage determined by the Minister, there shall be excepted from the dried fruits coming into the possession or custody of the licensee, any dried fruits which have, in the possession or custody of any other person, been taken into account in applying such a percentage;” ; and

(b) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) That the licensee shall, when so required by aprescribed authority, give to that prescribed authority upon the issue of the licence, or within such further time thereafter not exceeding seven days as the prescribed authority thinks fit, security for compliance with the terms and conditions of the licence; ”.

 

3. After regulation 4 of the Dried Fruits (Interstate Trade) Regulations the following regulations are inserted:—

Security.

“4a. Where the Minister has approved of security in the form of a guarantee by a bank or other body or person approved by the Minister or a deposit of cash, Government bonds or other negotiable instruments, or all or any of such forms for the whole or any part of the amount of the security, a guarantee in accordance with Form G in the Schedule to these Regulations, or, in the case of a deposit of cash, Government bonds or other negotiable instruments, a memorandum of deposit in accordance with Form H in that Schedule, or both, if the case requires, shall be given to the prescribed authority.

Form of guarantee.

“4b. A security in accordance with Form G in the Schedule to these Regulations shall suffice for all the purposes of a guarantee and shall, without sealing, bind its subscribers as if sealed and, unless otherwise provided therein, jointly and severally and for the full amount.

Insufficiency of securities.

“4c. 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 a fresh security to be given and a fresh security shall be given accordingly.”.

Effect of securities.

4. Sub-regulation (1.) of regulation 5 of the Dried Fruits (Interstate Trade) Regulations is amended—

(a) by omitting the words “given in pursuance of these Regulations ”;

(b) by inserting, after the word “unless”, the words “the defendants prove that—

(c) by omitting from paragraph (a) the words “the defendants prove that—

(d) by omitting from paragraph (c) the words “right of action” and inserting in their stead the word “liability”; and

(e) by adding, after paragraph (d), the following paragraph:—“; or (e) the security has otherwise been satisfied.”.

5. The Dried Fruits (Interstate Trade) Regulations are amended by inserting after regulation 5 the following regulation:—

Security not subject to stamp duty.

“5a. No tax in the nature of stamp duty shall be payable under any law of a State in respect of any security given in pursuance of the Act and these Regulations.”.

The Schedule.

6. The Schedule to the Dried Fruits (Interstate Trade) Regulations is amended—

(a) by omitting paragraph (b) from Form B and inserting in its stead the following paragraph:—

“(b) That the licensee shall export from Australia during the period for which this licence has been issued, and during such further period as the said Dried Fruits Board considers necessary, such percentage of the output of dried fruits produced in the Commonwealth or imported into the Commonwealth and which come into the possession or custody of the licensee during the year to which this licence relates, as the Minister upon report of the said Dried Fruits Board from time to time determines by notice in the Gazette::

Provided that in the application of the percentage determined by the Minister there shall be excepted from such dried fruits coming into the possession or custody of the licensee, any dried fruits which have, in the possession or custody of any other person, been taken into account in applying such a percentage;”; and

  

(b) by omitting paragraph (c) from Form B and inserting in its stead the following paragraph:—

“(c) That the licensee shall, when so required by the said Dried Fruits Board, give to that Board upon the issue of this licence or within such further time there after not exceeding seven days, as the said Board think fit, security, in pursuance of the Dried Fruits Act 1928 and the Regulations thereunder, for compliance with the terms and conditions of the licence;”; and

(c) by adding at the end thereof the following forms:—

The Commonwealth of Australia. Form. G.

Dried FruitsAct 1928 Reg. 4a.

SECURITY TO PRESCRIBED AUTHORITY.

By this Security the subscriber is/subscribers are pursuant to the Dried Fruits Act 1928 and the Regulations thereunder, bound to the Dried Fruits Board of the State of.......................... a prescribed authority under the said Act and Regulations, in the sum of.................................................................... pounds (£ : : ) subject only to this condition that if—

(1) all the dried fruits in respect of which an Owner’s Licence No …………… dated the ……………….day of ………………………One thousand nine hundred and …………., for the year ended 31st December, 19 ………………, has been granted by the said Dried Fruits Board to………………………. of………………….., to deliver for carriage from the State of …………………………… to the State(s) of ……………………….are duly dealt with in accordance in all respects with the said Licence and with the said Act and Regulations and any amendment thereof; and

(2) all the terms and conditions of the said Licence are in all respects duly complied with

then this Security shall be discharged.

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

Dated at…………………….the …………………day of …………………………One thousand nine hundred and……………………………

*Note.—If liability is not intended to be joint and several and for this full amount, here state what is intended, as, for example, thus:—“The liability of the subscribers is joint only ” or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit).”

 

Names, Addresses and Occupations of Subscribers. Signatures of Subscribers. Signatures and Addresses of Witnesses.

* In the case of a guarantee by a bank, or other approved body or person, here insert name, &c., of such bank, body or person.

 

Commonwealth of Australia. Form H.

Dried Fruits Act 1928. Reg. 4a.

MEMORANDUM OF DEPOSIT.

*Here insert full name of owner-licencee.

*................................. an owner-licensee residing at........ ........................................... hereby acknowledges that he has this day in pursuance of the Dried Fruits Act 1928 and the Regulations thereunder deposited with the Dried Fruits Board of the State of............. —

  Strike out words which are inapplicable.

 (i) the sum of.................. pounds (£  : : ) in cash; and/or

  (ii) Government bonds to the value of pounds (£ : : ) as follows.*—

‡ Here insert particulars of the “Government bonds,” or “negotiable instruments,” as the case may be.

‡ ...............................................

............................................... ; and/or

 (iii) other negotiable instruments to the value of …………………..pounds (£ : :), as follows:—

‡.................................................

...................................................

...................................................

upon and subject to the conditions and powers following, that is to say:—

1. Whenever and as often as—

(a) any dried fruits in respect of which an Owner’s Licence No ………………… dated the …………….day of ……………………….One thousand nine hundred and …………………..for the year ended 31st December, 19 ………………..has been granted by the said Dried Fruits Board to …………………………..of ……………to deliver for carriage from the State of ……………………. to the State(s) of ………………….. are not duly dealt with in accordance in all respects with the said Licence and with the said Act and Regulation and any amendment thereof; and

(b) any of the terms and conditions of the said Licence are not in all respects duly complied with,

the said Dried Fruits Board may appropriate they said deposit in whole or in part.

2. Whenever the right to appropriate the said deposit arises, the said Dried Fruits Board may (if the deposit or any part thereof is not each) dispose of the deposited Government bonds or other negotiable instruments or any of them by auction or private sale or otherwise in such manner as in its opinion is most favorable to the owner-licensee, and the net proceeds of such disposition shall for all the purposes hereof be deemed to have been a deposit of cash by the subscriber and may be appropriated wholly or partly accordingly.

3. A certificate signed by the said Dried Fruits Board specifying the bonds or negotiable instruments disposed of and the net proceeds of such disposition shall be proof of the matter stated.

4. Any portion of the said deposit appropriated as aforesaid shall become the property of the Commonwealth absolutely.

5. Where the conditions referred to in paragraph (a) or (b) of clause 1 hereof are complied with the owner-licensee shall be entitled to a return of so much (if any) of the deposit as shall not have been appropriated as aforesaid.

6. Where bonds or negotiable instruments bearing interest are deposited, the owner-licence shall be entitled to collect as it falls due and retain any interest payable thereon before the bonds or instruments are disposed of by the said Dried Fruits Board.

7. Where any deposited bonds or negotiable instruments are not payable to bearer, the owner-licensee shall at the time of the deposit lodge with the said Dried Fruits Board duly executed transfers or assignments thereof in such form as will enable it to dispose effectually thereof, and shall at the request of the said Dried Fruits Board execute any transfers or assignments which it may, from time to time, deem necessary or convenient to enable it to dispose effectually thereof.

In witness whereof the owner-licensee has hereunto set his hand this ............................. day of 19 .

 

Signature of Owner-Licensee.

 

By Authority: H. J. Green, Government Printer, Canberra.