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

STATUTORY RULES.

1928. No. 91.

 

REGULATIONS UNDER THE DRIED FRUITS ACT 1928.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following regulations under the Dried Fruits Act 1928, to come into operation on and from 10th September 1928.

Dated this twenty-ninth day of August, 1928.

Deputy of the Governor-General.

By His Excellency’s Command,

(Sgd) T. Paterson

Minister of State for Markets.

 

Dried Fruits (Inter-state Trade) Regulations.

Short title.

1. These Regulations may be cited as the Dried Fruits (Inter-state Trade) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“owner’s licence” means a licence issued to an owner under regulation 4 of these Regulations;

“owner” includes any person having possession or custody of any dried fruits 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;

“carrier’s licence” means a licence issued to a carrier under regulation 8 of these Regulations;

“carrier” means any person who carries any dried fruits from a place in one State into or through another State to a place in Australia beyond the State in which the carriage begins;

“prescribed authority” means the Dried Fruits Board of the State of Victoria, New South Wales, South Australia or Western Australia, as the case may be, constituted by the Dried Fruits Acts of the respective States.

Application for owner’s licence to trade inter-state.

3.—(1.) Any owner may make application for an owner’s licence in accordance with Form A. in the Schedule to these Regulations.

(2.) The application shall be supported by such evidence as the prescribed authority requires.

Owner’s licence to trade inter-state.

4. The prescribed authority of the State in which the dried fruits are delivered to any person for carriage into or through another State to a place in Australia beyond the State in which delivery is made may grant an owner’s licence in accordance with Form B. in the Schedule to these Regulations upon and subject to the following conditions:—

(a) That the licensee shall on or before the expiration of seven days after the close of each calendar month furnish a return in accordance with Form C. in the Schedule to these Regulations to that prescribed authority;

1523.—Price 3d.

 

(b) That the licensee shall market outside the Commonwealth such percentage of the output of dried fruits produced in any particular year as the Minister, on the recommendation of the prescribed authority, from time to time determines;

(c) That the licensee shall give security to that prescribed authority, on or before the expiration of seven days after the date of the licence, in the form of a deposit, bank guarantee, Government bonds or inscribed stock or otherwise and in such amount as the Minister approves, for compliance with the terms and conditions of the licence;

(d) That the licensee shall affix in a prominent position on one end of the package containing the dried fruits to which the licence relates—

(i) the number of the consignment delivered to a carrier for carriage inter-state;

(ii) the initial letter of the name of the State from which the dried fruits are to be carried; and

(iii) the number of the licence and the year to which the licence relates,

in letters and figures which shall not be less than one-half inch in height; and

(e) That the licensee shall, within such period as the prescribed authority specifies, furnish or produce the licence and such documents and particulars in relation to any dried fruits in his possession or custody as the prescribed authority specifies.

Effect of security.

5.—(1.) Whenever any security given in pursuance of these Regulations is put in suit by a prescribed authority, the production thereof without further proof shall entitle the prescribed authority to judgment, for their stated liability, against the persons appearing to have executed the same, unless

(a) the defendants prove that they have complied with the condition of the security;

(b) the security was not in fact executed by them;

(c) the prescribed authority has discharged the defendants from any right of action;

(d) the amount of the security has already been paid to the prescribed authority by the defendants.

(2.) Any amount so recovered shall be paid into the Consolidated Revenue Fund of the Commonwealth.

Prescribed authority may enter and inspect place where dried fruits processed.

6. A prescribed authority, or any officer authorized in that behalf by a prescribed authority, may enter and inspect any place where any process in connexion with the drying of fruits is carried on, or where dried fruits are or are believed by a prescribed authority or officer to be.

Application for carrier’s licence to carry dried fruits inter-state.

7.—(1.) Any carrier may make application for a carrier’s licence in accordance with Form D. in the Schedule to these Regulations.

 

(2.) The application shall be supported by such evidence as a prescribed authority requires.

Carrier’s licence to carry dried fruits inter-state.

8. The prescribed authority of the State in which the dried fruits are delivered for carriage into or through another State to a place in Australia beyond the State in which delivery is made may grant a carrier’s licence in accordance with Form E. in the Schedule to these Regulations upon and subject to the condition that the licensee shall not accept delivery of any dried fruits from the owner for carriage from a place in one State to a place in Australia beyond the State in which the carriage begins unless the owner of such dried fruits is the holder of an owner’s licence.

Maximum quantity of dried fruits which may be carried inter-state without licence.

9. Notwithstanding anything contained in these Regulations, an owner’s licence or a carrier’s licence shall not be necessary where the maximum quantity contained in a consignment of dried fruits carried from a place in one State to a place in Australia beyond that State does not exceed Ten pounds in weight.

Distillery fruit.

10. Notwithstanding anything contained in these Regulations, any dried fruits delivered to a winery or distillery may be regarded by a prescribed authority as being exported from the Commonwealth:

Provided that the dried fruits have been passed and graded by an inspector authorized in that behalf by the Minister and that a statutory declaration by the Manager, Director, or Proprietor of the winery or distillery is produced to the prescribed authority to the effect that the fruit has actually been used for distillation purposes.

Seizure of forfeited dried fruits.

11.—(1.) A prescribed authority, or a person authorized in writing by a prescribed authority, may seize any dried fruits which have been, or are in process of being, carried in contravention of the Act.

(2.) When any dried fruits have been seized as forfeited, the prescribed authority or person affecting the seizure shall give notice thereof in accordance with Form F in the schedule to these Regulations to the owner of the goods either by delivering such notice to him personally or by letter addressed to him and transmitted by post to or delivered at, his last known place of abode or business.

(3.) All such dried fruits seized shall be deemed to be condemned and may be forthwith sold by the prescribed authority. The proceeds of the sale shall be paid into the Consolidated Revenue Fund of the Commonwealth.

Penalties for breaches of these Regulations.

12. Any person guilty of any contravention of these Regulations or of any condition of any licence issued thereunder shall be liable to a penalty not exceeding a fine of Fifty pounds or imprisonment for six months.

 

THE SCHEDULE.

Form A.

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

Commonwealth of Australia.

Dried Fruits Act 1928.

application for an owner’s licence to trade inter-state.

The Secretary,

Dried Fruits Board,

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

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

I, (1)......................................... of.............................................................. hereby make application for a licence to deliver

* Dried currants

* Dried sultanas

* Dried lexias

(2) Here insert the State from which the dried fruit is to be carried.

(3) Here insert States(s) to which licence desired to carry dried fruit.

for carriage from (2)....................................... to (3)............................................

In connexion with this application, I declare—

(а) that I am the owner as defined in the Dried Fruits (Inter-state Trade) Regulations of dried currants, dried sultanas or dried lexias, in respect of which I am applying for a licence to trade inter-state;

(b) that I am registered with the Dried Fruits Board in the State of................ as a

* grower

* dealer

* packer; and

(c) that the estimated quantities of dried fruits to be packed or controlled by me during the 19.................................................. season are as follows:—

Dried currants.......................................... tons

Dried sultanas.......................................... tons

Dried lexias............................................. tons

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

Signature of Applicant.

Dated this.................................... day of..................................... 19 .

 

Form B.

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

Commonwealth of Australia.

Dried Fruits Act 1928.

owner’s licence to trade inter-state in dried fruits.

This is to certify that, in pursuance of the Dried Fruits Act 1928 and the regulations thereunder, an owner’s licence for the year ended 31st December, 19............... , has been granted to................ of....................... to deliver *dried currants *dried sultanas *dried lexias for carriage from the State of.................... to the State(s) of. on and subject to the following conditions:—

(a) That the licensee shall on or before the expiration of seven days after the close of each calendar month furnish a return in accordance with Form C. in the Schedule to the Dried Fruits (Inter-state Trade) Regulations to the Dried Fruits Board of the state of........................................................................ ;

(b) That the licensee shall market outside the Commonwealth such percentage of the output of dried fruits produced in any particular year as the Minister on the recommendation of the said Dried Fruits Board from time to time determines;

 

*Strike out words which are inapplicable.

 

(c) That the licensee shall give security for compliance with the terms and conditions of this licence in an amount of....................... pounds (£................................ ) to the said Dried Fruits Board on or before the expiration of seven days after the date of this licence. Such security may be in the form of a deposit, bank guarantee, government bonds or inscribed stock, or otherwise, as the Minister approves;

(d) That the licensee shall affix in a prominent position on one end of the package containing the dried fruits to which the licence relates—

(i) the number of the consignment delivered to a carrier for carriage inter-state;

(ii) the initial letter of the name of the State from which the dried fruits are to be carried; and

(iii) the number of the licence and the year to which the licence relates,

in letters and figures which shall not be less than one-half inch in height; and

(e) That the licensee shall within such period as the said Dried Fruits Board specifies furnish or produce this licence and such documents and particulars in relation to any dried fruits in his possession or custody as the Board specifies.

Dated this.................................... day of..................................... , 19

Secretary,

Dried Fruits Board,

State of......................

N.B.—Sub-section (5) of section 3 of the Dried Fruits Act 1928 is 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 12 of the Dried Fruits (Inter-state Trade) Regulations provides that any person guilty of any contravention of these Regulations or of any condition of any licence issued thereunder shall be liable to a penalty not exceeding a fine of Fifty pounds or imprisonment for six months.

 

Form C.

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

Commonwealth of Australia.

Dried Fruits Act 1928.

inter-state trade in dried fruits.

Note.—This return is to be furnished by the owner licensee to the Dried Fruits Board in the State from which the dried fruits are delivered for carriage inter-state, before the expiration of seven days after the close of each calendar month.

The Secretary,

Dried Fruits Board,

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

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

I, (1)........................................ of.................................................. holder of owner’s licence No................................................ granted for the year ended 31st December, 19 to deliver

* Dried currants

* Dried sultanas

* Dried lexias

(2) Here insert the State from which licence granted to carry dried fruits inter-state.

(3) Here insert State(s) to which licence granted to carry dried fruits.

for carriage from (2)........................................ to (3).................................... do hereby furnish the following particulars with respect to dried fruits—

(a) received from packing sheds, growers or dealers;

(b) delivered for carriage inter-state;

(c) sold within the State;

 

* Strike out words which are inapplicable.

 

Form C.—continued.

(d) shipped overseas;

(e) sold for distillation purposes; and

(f) held in stock,

during the month of......................................... 19 , pursuant to the licence.

(a) dried fruits received from packing sheds, growers or dealers.

Names of Packing Sheds, Growers or dealers from which or from whom Dried Fruits received.	Total Quantity received from each Packing Shed, &c.
	Currants.		Sultanas.		Lexias.
	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.
Totals as per last return.........
Total.........

(b) dried fruits delivered for carriage inter-state.

—	Currants.		Sultanas.		Lexias.		State to which Consigned.
	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.
Totals as per last return
Total.........

(c) dried fruits sold within the state.

—	Currants.		Sultanas.		Lexias.
	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.
Totals as per last return.........
Total.........................

 

Form C.—continued.

(d) dried fruits shipped overseas.

Country of Destination.	Name of Vessel.	Date of Sailing.	Quantity Exported.
			Currants.		Sultanas.		Lexias.
			No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.
Totals as per last return...
Total

(e) graded dried fruits sold for distillation purposes.

Name and Address of Distiller.	Currants.		Sultanas.		Lexias.
	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.	No. of Boxes.	Tons cwt. qrs.
Totals as per last return.........
Total.........................

Note.—Regulation 10 of the Dried Fruits (Inter-state Trade) Regulations is as follows:—

“(10) Notwithstanding anything contained in these Regulations, any dried fruits delivered to a winery or distillery may be regarded by a prescribed authority as being exported from the Commonwealth:

Provided that the dried fruits have been passed and graded by an inspector authorized in that behalf by the Minister and that a statutory declaration by the Manager, Director, or Proprietor of the winery or distillery is produced to the prescribed authority to the effect that the fruit has actually been used for distillation purposes.”.

(f) 19........Season’s Dried Fruits held in Stock on the Last Day of the Month in Respect of which the Return is Made.

—		No of Boxes.	Tons cwt. qrs.	Address at which Stored.
Currants....................................................... Sultanas....................................................... Lexias...........................................................
Total...........................

I,......................................................... declare that the particulars shown in this Form are true in every detail.

Signature..................................

Holder of Licence No.......

Dated this.................................... day of..................................... 19 .

 

Form D.

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

Commonwealth of Australia.

Dried Fruits Act 1928.

application for carrier’s licence to carry dried fruits inter-state.

The Secretary,

Dried Fruits Board,

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

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

I, (1)........................................................... of......................................... hereby make application for a licence to carry

* Dried currants

* Dried sultanas

* Dried lexias

(2) Here insert the State from which the dried fruit is to be carried.

from (2).......................................................... to a place or places in Australia beyond that State.

I, the person making this application, declare that I am a bona fide carrier of dried fruits.

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

Signature of Applicant.

Dated this.................................... day of..................................... 19 .

 

Form E.

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

Commonwealth of Australia.

Dried Fruits Act 1928.

carrier’s licence to carry dried fruits inter-state.

This is to certify that in pursuance of the Dried Fruits Act 1928, and the regulations thereunder, a carrier’s licence for the year ended 31st December, 19............... , has been granted to........................................... of to carry *dried currants, *dried sultanas, *dried lexias from the State of.. to a place in Australia beyond that State on the condition that the licensee shall not accept delivery of any dried fruits from the owner for carriage from a place in one State to a place in Australia beyond the State in which the carriage begins unless the owner of such dried fruits is the holder of an owner’s licence.

Dated this.................................... day of..................................... 19 .

Secretary,

Dried Fruits Board,

State of..........................

N.B.—Sub-section (5) of section 3 of the Dried Fruits Act 1928 is 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 12 of the Dried Fruits (Inter-state Trade) Regulations provides that any person guilty of any contravention of these Regulations or of any condition of any licence issued thereunder shall be liable to a penalty not exceeding a fine of Fifty pounds or imprisonment for six months.

 

* Strike out words which are inapplicable.

 

Form F.

Commonwealth of Australia.

Dried Fruits Act 1928.

notice of seizure.

(a) Here insert name of owner

(b) Here insert particulars of dried fruits seized.

(c) Here insert particulars of offence.

State of

To (a)

Take notice that (b)

has (or have) this day been seized as forfeited to His Majesty the King on account of a contravention of the Dried Fruits Act 1928 and the regulations thereunder, namely, that (c)

Dated at this day of 19 .

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

(Prescribed authority or authorized person.)

 

Note.—Regulation 11 of the Dried Fruits Regulations is as follows:—

“11.—(1.) A prescribed authority, or a person authorized in writing by a prescribed authority, may seize any dried fruits which have been, or are in process of being, carried in contravention of the Act.

(2.) When any dried fruits have been seized as forfeited, the prescribed authority or person effecting the seizure shall give notice thereof in accordance with Form F in the schedule to these Regulations to the owner of the goods either by delivering such notice to him personally or by letter addressed to him and transmitted by post to, or delivered at, his last known place of abode or business.

(2.) All such dried fruits seized shall be deemed to be condemned and may be forthwith sold by the prescribed authority. The proceeds of the sale shall be paid into the Consolidated Revenue Fund of the Commonwealth.”

 

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