Dried Fruits (Interstate Trade) Regulations (Cth)

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STATUTORY RULES.

1934. No. 40.

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REGULATIONS UNDER THE DRIED FRUITS ACT 1928‑1938.

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 fourth day of April, 1934.

ISAAC A. ISAACS

Governor‑General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce.

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Dried Fruits (Inter‑state trade) Regulations.

Citation.

1. These Regulations may be cited as the Dried Fruits (Inter‑State Trade) Regulations.

Repeal.

2. The Dried Fruits (Inter‑State Trade) Regulations (being Statutory Rules 1928, No. 91, as amended by Statutory Rules 1928, No. 135; 1930, No. 151 and 1931, No. 28) are repeated.

Definitions.

3.—(1.)In these Regulations, unless the contrary intention appears—

“carrier’s licence” means a licence issued under regulation 8;
“licence” means a carrier licence, or an owner’s licence, as the case may be;
“licensee” means a person to whom a carrier’s licence, or an owner’s licence, as the case may be, has been issued;
“owner” means any person who owns, or has in his possession or custody, 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;
“owner’s licence” means a licence issued under regulation 6;
“prescribed authority” means an authority prescribed by regulation 4;
“security” means a security given for compliance with the terms and conditions of a licence;
“the Act” means the Dried Fruits Act 1928‑1933;
“the Minister” mean the Minister of State for Commerce.

(2.) In these Regulations, unless the contrary intention appears, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations, and any reference to a regulation shall be read as a reference to a regulation contained in these Regulations.

479.—Price 3d.

Prescribed authorities.

4. The following authorities shall be prescribed authorities for the purposes of sections 3 and 4 of the Act:—The Dried Fruits Boards of the States of New South Wales, Victoria, South Australia and Western Australia, constituted by the Dried Fruits Acts of the respective States, the Collector of Customs for the State of Queensland and the Collector of Customs for the State of Tasmania.

Application for owner’s licence.

5. An application by an owner for a licence permitting him to deliver dried fruits forcarriage from a place in one State into or through another State to a place in Australia beyond the first‑mentioned State—

(a) shall be in accordance with Form A;
(b) shall be made to the prescribed authority in the State beyond which the dried fruits are to be carried; and
(c) shall be supported by such information as that prescribed authority requires.

Owner’s licence.

6. An owner’s licence shall be in accordance with Form B, and shall be issued—

(a) 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; and
(b) upon the following terms and conditions—
(i) That the licensee shall, within seven days after the end of each calendar months furnish to the prescribed authority which issued his licence a return in accordance with Form C.
(ii) That the licensee shall export from Australia 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 year which come 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:
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.
(iii) That the licensee shall, whenever so required by a prescribed authority, give to that prescribed authority, within such time as that prescribed authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That the licensee shall number consecutively each consignment of 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, 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 dried fruits—
(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.
(v) That the licensee shall, if so required by a prescribed authority, furnish or produce to that prescribed authority, within such period as that prescribed authority fixes, his licence, and such documents relating to any dried fruits in his possession or custody as that prescribed authority specifies.

Application for carrier’s licence,

7. An application by a person for a licence permitting him to carry dried fruits from a place in one State into or through another State tea place in Australia beyond the State in which the carriage begins—

(a)shall be in accordance with Form D;
(b) shall be made to the prescribed authority in the State in which it is intended that the carriage shall begin; and
(c) shall be supported by such information as that prescribed authority requires.

Carrier’s licence.

8. A carrier’s licence shall be in accordance with Form E and shall be issued—

(a) 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; and
(b) upon the condition 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.

Security need not be sealed.

9. Where the Minister has approved of a security in accordance with Form F, a security in accordance with that Form shall suffice for all the purposes of a bond and shall, without sealing, bind its subscribers as if it were sealed, and, unless otherwise provided therein, jointly and severally and for the full amount.

Effect of security.

10.—(1.) Whenever any security is put in suit by a prescribed authority, the production thereof shall, without further proof, entitle the prescribed authority to judgment against the defendants appearing to have executed the same for their respective stated liabilities, unless the defendants prove that—

(a) the conditions of the security have been complied with;
(b) the security was not in fact executed by them;
(c) the prescribed authority has discharged the defendants from all liability under or in respect of the security;
(d) the defendants have already paid the amount of the security to the prescribed authority; or
(e) the security has been otherwise satisfied.

(2.) Any amount recovered in respect of a security shall be paid into the Consolidated Revenue Fund of the Commonwealth.

Security not subject to stamp duty.

11. A security shall not be subject to any tax in the nature of a stamp duty payable under any law of a State.

Insufficiency of securities.

12. 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.

Prescribed authority may enter and inspect places where dried fruits are produced, open packages and take samples.

13. A prescribed authority, or any officer authorized by a prescribed authority in that behalf, may—

(a) enter 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 to be;
(b)open any packages which the prescribed authority or officer reasonably suspects to contain dried fruits which have been, or are in process of being, carried in contravention of the Act or these Regulations; and
(c) take samples of any dried fruits referred to in this regulation.

Obstructing or hindering officers.

14. A person who obstructs or hinders a prescribed authority or officer in or from carrying out the provisions of the last preceding regulation shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

Fruit delivered for distillation stock feed, or for destruction &c.

15. Where a licensee satisfies a prescribed authority that, any dried fruits have been permanently withdrawn from sale for human consumption, that such dried fruits have been examined and graded by an inspector authorized in that behalf by the Minister, and that such dried fruits have been—

(a) delivered to a winery or distillery;
(b) used as feed for stock;
(c) destroyed; or
(d) used in any manner which, in the opinion of the prescribed authority, prevents such dried fruits from being used for human consumption, such dried fruits shall, for the purposes of these Regulations, be deemed to have been exported from Australia.

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

16. Notwithstanding anything contained in these Regulations, a licence shall not be necessary in respect of the carriage from a place in one State to a place in Australia beyond1 that State, of a consignment of dried fruits which does not exceed ten pounds in weight.

Seizure of forfeited dried fruits.

17.—(1.) A prescribed authority, or a person authorized by a prescribed authority, may seize any dried fruits which are forfeited to the King in pursuance of the Act.

(2.) When any dried fruits have been seized as forfeited, the person affecting the seizure shall give notice thereof in accordance with Form G to the owner of the dried fruits, either by delivering the notice to him personally or by transmitting the notice by post as a letter addressed to the owner’s last known place of abode or business.

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

Incorrect applications or returns.

18. Any person who makes any false or incorrect statement in any application for a licence, or return, under these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

Offences.

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 term or condition of a licence, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

(2.) In any prosecution for an offence against these Regulations the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

Strict compliance with forms not required.

20. Strict compliance with the Forms contained in the Schedule to these Regulations shall not be required and substantial compliance shall be sufficient.

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THE SCHEDULE.

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Form A. Reg. 5.

Commonwealth of Australia.

Dried Fruits Act 1928‑1933.

Dried Fruits (Inter‑State Trade) Regulations.

APPLICATION FOR AN OWNER’S LICENCE TO TRADE INTER‑STATE

_____

The Secretary,

Dried Fruits Board,

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

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

Here insert full name and address and occupation of applicant

Strike out words which are inapplicable.

I, (1).......................................................................................................................................

of..................................................................................................................................................

hereby apply for a licence to deliver the following dried fruits:—

*Currants	*Apricots
*Sultanas	*Peaches
*Lexias	*Pears
*Prunes	*Nectarines.

Here insert the State from which the dried fruits are to be carried.

Here insert the State or States to which the dried fruits are to be carried

for carriage from (2)......................................................................................................................

to (3).............................................................................................................................................

Dated this ..............................................................................................................................

day of……………………………………………………………………………………………., 19 .

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

(Signature of applicant.)

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Commonwealth of Australia.

Dried Fruits Act 1928‑1933.

Dried Fruits (Inter‑State Trade) Regulations.

OWNER’S LICENCE TO TRADE INTER‑STATE IN DRIED FRUITS.

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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...........................an owner’s licence for the period’ commencing on................................ 19 , and ending on 31st December, 19 , permitting him to deliver the following dried fruits:—...................

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

for carriage from the State of.................................................................................................... to

the State(s) of.............................................................................................................................

upon the following terms and conditions:—

(i) That the licensee shall, within seven days after the end of each calendar month, furnish to the prescribed authority which issued his licence a return in accordance with Form C.
(ii) That the licensee shall export from Australia 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 year which come 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.
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.
(iii) That the licensee shall, whenever so required by a prescribed authority, give to that prescribed authority, within such time as that prescribed authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That the licensee shall number consecutively each consignment of 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 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 dried fruits—
(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.
(v) That the licensee shall, if so required by a prescribed authority, furnish or produce to that prescribed authority, within such period as that prescribed authority fixes, his licence and such documents relating to any dried fruits in his possession or custody as that prescribed authority specifies.

Dated this...................................................................................................................... day

of..................................................................................................................................... 19

N.B.—Sub‑section (5.) of section 3 of the Dried Fruits Act 1928‑1933 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 any cancel the licence and the licence shall thereupon cease to be of any force or effect.”

Regulation 19 (i.) of the Dried Fruits (Inter‑State 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 term or condition of a licence, shall be guilty of an offence.

Penalty Fifty pounds or imprisonment for six months.”

Regulation 12 of the Dried Fruits (Inter‑State Trade) Regulations reads as follows:—

“12. Whenever the Minister is not satisfied either as to the sufficient 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.”.

Form C Commonwealth of Australia. Reg. 6.

Dried Fruits Act 1928‑1933.

Dried fruits (Inter‑State Trade) Regulations. No.

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 within seven days after the end of each calendar month.

To the Secretary,

Dried Fruits Board,
.........................................
...............................................

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

*Strike out words which are inapplicable

(2) Here insert the State from which dried fruits may be carried pursuant to the licence.

(3) Here insert State(s) to which dried fruits may be carried pursuant to the licence.

I, (1) of being the holder of owner’s licence No. issued for the period commencing on , 19 , and ending on, 31st December, 19 permitting me to deliver the following dried fruits—

*Currants	*Apricots
*Sultanas	*Peaches
*Lexias	*Pears
*Prunes	*Nectarines.

for carriage from (2) to (3) do hereby furnish, in pursuance of the terms and conditions of the licence, the fallowing 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;
(d) shipped overseas;
(e) delivered for distillation, stock feed, or for destruction, &c.; and
(f) held in stock

during the month of 19

(a) Dried fruits Received from Packing Sheds, Growers or Dealers.

Names and Addresses 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.

Prunes.

Apricots.

Peaches.

Pears.

Nectarines.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Ton.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Totals as per last return…..

TOTALS..

(b) Dried Fruits Delivered for Carriage Inter‑State.

State to which consigned.

Currants.

Sultanas.

Lexias.

Prunes.

Apricots.

Peaches.

Pears.

Nectarines

Ton.

cwt.

qrs.

Ton.

cwt.

qrs.

Ton.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Ton.

cwt.

qrs.

Totals

as per last return….

TOTALS…..

(e) Dried Fruits Sold Within the State.

—

Currants.

Sultanas.

Lexias.

Prunes.

Apricots.

Peaches.

Pears.

Nectarines.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons

cwt.

qrs.

Tons

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Totals as per last return….

Totals..

„

(d) Dried Fruits Shipped Overseas.

Country of Destination.

Name of Vessel.

Date of sailing.

Quantity Exported.

Currants.

Sultanas.

Lexias.

Prunes.

Apricots.

Peaches.

Pears.

Nectarines.

Ton.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons..

cwt.

qrs.

Tons...

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Totals as per last return…….

Total……

(e) Graded Dried Fruits Delivered for Distillation, Stock feed or for Destruction, etc.

Manner, in which dried fruits disposed of—

Names and addresses of persons to whom dried fruits delivered.

Currants.

Sultanas.

Lexias.

Prunes.

Apricots.

Peaches.

Pears.

Nectarines.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

Tons

cwt.

qrs.

Tons.

cwt.

qrs.

Tons

cwt.

qrs.

Tons.

cwt.

qrs.

Tons.

cwt.

qrs.

(a) For distillation purposes….

(b)For stock feed............

(c) For destruction.

(d) Otherwise disposed ofnot being for human consumption

Aggregate Totals (a), (b), (c) and (d) as per last return……………

Totals………

NOTE:—Regulation 15 of the Dried Fruits (Inter‑State Trade) Regulations is as follows:—

15. Where a licensee satisfies a prescribed authority that any dried fruits have been permanently withdrawn from sale for human consumption that such dried fruits have been examined and graded by an inspector authorized in that behalf by the Minister; and that such dried fruits have been—

(a)delivered to a winery or distillery;
(b)used as feed for stock;
(c) destroyed or
(d)used in any manner which in the opinion of the prescribed authority prevents such dried fruits from being used for human consumption,
such dried fruits shall for the purposes of these Regulations, be deemed to have been exported from Australia.”.

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Dried Fruits (Interstate Trade) Regulations (Cth)

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