Dried Fruits (Interstate Trade) Regulations (Amendment) (Cth)

STATUTORY RULES.

1934. No. 164.

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REGULATIONS UNDER THE DRIED FRUITS ACT 1928-1933.*

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 Dried Fruits Act 1928-1933.

Dated this twenty-first day of December, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

THOS. C. BRENNAN

for the Minister of State for Commerce.

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Amendments of the Dried Fruits (Inter-State Trade) Regulations.

Commencement.

1. These Regulations shall come into operation on the first day of January, 1935.

Interpretation.

2. In these Regulations, any reference to a regulation shall be read as reference to a regulation contained in the Dried Fruits (Interstate) Trade Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Schedule to those Regulations.

Prescribed authorities.

3. Regulation 4 is amended by omitting the words “the Collector of Customs for the State of Queensland” and inserting in their stead the words “the Chief Veterinary Officer of the Department of Commerce in the State of Queensland”.

Owner’s License.

4. Regulation. 6 is amended—

(a) by omitting, sub-paragraph (ii) of paragraph (b) and inserting in its stead the following sub-paragraph:—

“(ii) That the licensee shall, export from Australia, or cause to be exported on his behalf, during the period for which his licence has been issued and during such further period as a prescribed authority considers necessary, such percentage

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* Notified in the Commonwealth Gazette on 21st December, 1934.

 Statutory Rules 1934, No.40.

5891.—Price 3d.

of the dried fruits produced in Australia during any specified periods which came into the possession or custody of the licensee prior to the date of issue of his license, or which come into the possession or custody of the licensee on and after the date of issue of this-licence, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:

Provided that, in the calculation of the percentage of dried fruits to be exported by the licensee; there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried fruits which have been taken into account in applying the percentage in respect of any other licensee.”; and

(b) by inserting after sub-paragraph (v) of paragraph (b) the following paragraph:—

“(vi) 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 license

5. Regulation 8 is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) upon the following terms and conditions:—

(i) That the licensee shall not accept from any person delivery of any dried fruits for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence.

(ii) 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”.

Form B.

6. Form B is amended—

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

“(ii) That the licensee shall expert from Australia, or cause to be exported on his behalf, during the period for which his licence has been issued and during such further period as a prescribed authority considers necessary, such percentage of the dried fruits produced in Australia during any specified periods which came into the possession or custody of the

licensee prior to the date of issue of his licence, or which come into the possession or custody of the licensee on and after the date of issue of this licence, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:

Provided that, in the calculation of the percentage of dried fruits to be exported by the licensee, there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried fruits which have been taken into account in applying the percentage in respect of any other licensee.”; and

(b) by inserting after paragraph (v) the following paragraph:—

“(vi) 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.”.

Form E

7. Form E is repealed and the following Form inserted in its stead:—

“Form E Regulation 8.

Licence No....

Commonwealth of Australia.

Dried Fruits Act 1928-1933.

Dried Fruits (Inter-State Trade) Regulations.

CARRIER’S LICENCE TO CARRY DRIED FRUITS INTERSTATE.

In pursuance of the Dried Fruits Act 1928-1933, and the Dried Fruits (Inter-State Trade) Regulations, the Dried Fruits Board of the State of...........................................a Prescribed Authority under the Dried Fruits Act 1928-1933, hereby grants to.............,...........of.........................a Carrier’s Licence for the period commencing on...................19...., and ending on 31st December,19.....permitting him to carry the following dried fruits:—

……………………………………………………………………………………………………..

……………………………………………………………………………………………………..

……………………………………………………………………………………………………..

from the State of..............to a place in Australia beyond that State upon the following terms and conditions:—

(i) That the licensee shall not accept from any person delivery of any dried fruits for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence.

(ii).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.— sub-section(5.) of section 3 of the DriedFruits Act 1928-1933 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 19 (1.) of the Dried Fruits (Interstate Trade) Regulations reads as follows:—

19.—(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 terms or condition of a licence shall be guilty of an offence.

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

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