Egg Export Control (Licences) Regulations (Cth)

EGG EXPORT CONTROL (LICENCES) REGULATIONS.

Statutory Rules 1948, No. 18.(y)

Citation.

1. These Regulations may he cited as the Egg Export Control (Licences) Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of February, 1048.

Definitions.

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

“licence” means a licence granted under the Act;

“licensee” means a person to whom a licence has been granted;

“person” includes company, corporation, firm, syndicate, association (co-operative or otherwise) and any other body or group of persons whether incorporated or not;

“sale” includes agreement to sell, offering for sale, supply or other disposition, and “sell” and “sold” have corresponding meanings;

“the Act” means the Egg Export Control Act 1947;

“the Board” means the Australian Egg Board constituted under section five of the Act, and includes the Executive Committee of the Board in respect of any powers or functions of the Board exercised by the Executive Committee;

“the Secretary” means the Secretary of the Board.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.

(y) Made under Egg Export Control Act 1947 on 30th January, 1948, notified in Gazette on 30th January, 1948.

Export of eggs prohibited.

4. A person shall not export eggs from the Commonwealth unless he is a licensee or otherwise than in accordance with these Regulations.

Application for licence.

5. An application for a licence shall be in accordance with Form A and shall be forwarded to the Secretary together with such information in support of the application as the Secretary requires.

Form of licence.

6. A licence shall be in accordance with Form B and shall be issued for a period not exceeding twelve months.

Terms and conditions of licences.

7. A licence shall be subject to the following conditions and restrictions:—

(1.) The licensee shall comply with all regulations from time to time made under the Act so far as the same arc applicable to him.

(2.) In respect of eggs exported to the United Kingdom or New Zealand the licensee shall, whenever so required by the Board—

(a) Export only such eggs as have been previously purchased by the Board;

(b)Export all such eggs on behalf of the Board;

(c) Export such quantities of eggs on such ships as the Board may direct;

(d)Export each shipment of eggs to such destination and to such person as the Board may direct;

(e)Arrange for the shipment of eggs in shell in the order in which they are placed in cold store awaiting shipment and for the shipment of egg products in the order in which they were processed or manufactured unless otherwise directed by the Board;

(f) Take out or obtain all shipping documents that are required by the Board in respect of each shipment and deliver those documents to the Board or such other person as the Board directs as soon as practicable after each shipment has been loaded; and

(g)Insure each shipment of eggs with such Company or Companies as the Board determines.

(3.) Where the Board gives a licensee approval to export eggs to the United Kingdom or to New Zealand on his own behalf or on behalf of a person who is not a licensee, the licensee may export such eggs provided he complies with the conditions specified in sub-paragraphs (a) and (b) of paragraph (4.) of this regulation.

(4.) In respect of eggs exported to destinations other than the United Kingdom or New Zealand on behalf of the licensee or on behalf of a person who is not a licensee the licensee shall—

(a)obtain the approval of the Board in respect of each shipment prior to such shipment being made provided that this condition shall not apply to shipments of eggs in shell not exceeding 600 dozen on one ship or sales for ships’ stores not exceeding 3,900 dozen on one ship; and

(b) be responsible for payment of charges due, in respect of each shipment, under the Egg Export Charges Act 1947.

(5.) In respect of eggs export* to destinations other than the United Kingdom or New Zealand by the licensee on behalf of the Board, the licensee shall—

(a)not refuse to export any such eggs on being requested to do so by the Board; and

(b)conform to the conditions set out in sub-paragraphs (a) to (g)inclusive of paragraph 2 of this regulation.

(6.) The licensee shall comply with such conditions and restrictions (including amendments of any conditions and restrictions) as are prescribed after the licence is granted.

Returns.

8. A licensee shall, within seven days after the shipment of any eggs, furnish to the Secretary a return in duplicate, signed by the licensee or by a person authorized by the licensee to sign on his behalf—

(a)in the case of eggs in shell—in accordance with Form C;

(b)in the case of liquid whole egg, or liquid egg white or liquid egg yolk—in accordance with Form D; and

(c)in the case of egg products other than those specified in paragraph (2.) of this condition—in accordance with Form E.

Notice to licensee.

9. Any notice to be given to a licensee by the Board or the Secretary may be sent by post to the licensee at his address specified in the licence.

False or misleading returns.

10.— (1.) A person shall not make any false or misleading statement, or omit to furnish any information called for, in any return required to be furnished under these regulations.

Penalty: Fifty pounds.

(2.) In any prosecution for any offence against the last preceding sub-regulation, the averments of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

THE SCHEDULE.

Form A. Reg. 5.

Commonwealth of Australia.

Egg Export Control Act 1047.

Egg Export Control (Licences) Regulations.

APPLICATION FOR LICENCE TO EXPORT EGGS.

To the Secretary,

Australian Egg Board,

I	[here insert full name of applicant] of [here insert full address
We

of applicant] hereby apply for a licence to export eggs.

Dated this day of 19 

(Signature(s) of applicant(s).)

* Sembleshould be “exported”.

 

Form B.	Reg. 6.
	Licence No.

Commonwealth of Australia.

Egg Export Control Act 1947.

Egg Export Control (Licences) Regulations.

LICENCE TO EXPORT EGGS.

In pursuance of section 14 of the Egg Export Control Act 1947, 1

hereby grant to of

a licence to export eggs from the Commonwealth during the period commencing on the day of

 

19

  and ending on the day of

 19 upon the terms and conditions prescribed by the Egg Export Control (Licences) Regulations.

Dated this day of 19 

N.B.—Section 14 of the Egg Export Control Act 1947 reads as follows:—

“14.— (1.) For the purpose of enabling the Board effectively to control the export and distribution after export of Australian eggs, the Governor-General may make regulations prohibiting the export from the Commonwealth of any eggs except by persons who hold licences issued by the Minister or by a person thereto authorized in writing by the Minister, and subject to such conditions and restrictions as are prescribed after recommendation to the Minister by the Board.

(2.) A person who exports eggs from the Commonwealth in contravention of the regulations made in pursuance of this section (including the prescribed conditions and restrictions) shall be guilty of an offence.

Penalty: Five hundred pounds.

(3.) Where the Minister is satisfied, on report by the Board that a person, to whom a licence under this section has been granted, has contravened or failed to comply with the the prescribed conditions and restrictions, the Minister may cancel the licence.

Form C. Reg. 8.

Commonwealth of Australia.

Egg Export Control (Licences) Regulations.

RETURN OF EGGS IN SHELL.

The Secretary,

Australian Egg Board,

Sydney.

Shipment on the “ “

From the port of Date shipped

I, [here insert full name and address of licensee] of

the holder of licence No. granted for the period from

19 to 19 to export eggs hereby furnish the following particulars with respect to eggs in shell exported pursuant to the licence: —

(a) The following eggs in shell have been shipped on the abovenamed vessel pursuant to the licence: —

    

Name and address of owner.	Name and address of packer.	Number of cases each 30 doz. eggs shipped.							Name of person to whom shipped.	Port and country to which shipped.
		12	13½	14	15	16	17	Total.
lb.	lb.	lb.	lb.	lb.	lb.

 

f.o.b.
(b)The price at which the eggs were sold is per dozen	c.i.f.
ex store
into store

(Note.—If the eggs were shipped on behalf of the Australian Egg Board, this information is not required.)

(c) Particulars of withdrawals from cold store for shipment are as follows: —

 

Name of cold store.		Name of cold store.		Name of cold store.		Total number of cases.
Date,	Number of cases.	Certificate numbers.	Number of cases.	Certificate numbers.	Number of eases.		Certificate numbers.

I declare that the particulars shown in this return are true and correct in every detail.

Dated this day of 19

(Signature of licensee.)

Note.—Any person making any false or misleading statement or omitting to furnish any information called for in this return is guilty of an offence punishable by a fine not exceeding £50.

Form D. Reg. 8.

Commonwealth of Australia.

Egg Export Control (Licences) Regulations.

RETURN OF LIQUID WHOLE EGG, LIQUID EGG WHITE, OR LIQUID EGG YOLK.

The Secretary,

Australian Egg Board,

Sydney.

Shipment on the “ ” from the port of

Date shipped

I, [here insert full name and address of licensee] of

the holder of licence No granted for the period from 19 to 19 to export eggs hereby furnish the following particulars with respect to liquid whole egg, liquid egg white, liquid egg yolk exported pursuant to the licence: —

(a)The following * has been shipped on the abovenamed vessel pursuant to the licence:—

    

Name and address of owner.	Name and address of manufacturer.	Quantity shipped.		Name of person to whom shipped.	Tort and country to which shipped.
		Tins each 28 lb.	Tins each 40 lb.

(b) All tins shipped were packed in

f.o.b.
(c) The price at which the *	was sold is per lb.	c.i.f.
ex store
into store

(Note.—If the egg products were shipped on behalf of the Australian Egg Board, this information is not required.)

 (d)The particulars of withdrawals from cold store for shipment are as follows: —

Date.	Name of cold store.		Name of cold store.		Name of cold store.		Total
	Number of tins.	Certificate numbers.	Number of tins.	Certificate numbers.	Number of tins.	Certificate numbers.	number of tins.

I declare that, the particulars shown in this return are true and correct in every detail.

Dated this day of 19

(Signature of licensee.)

* Hero insert “liquid whole egg” or “liquid egg white” or “liquid egg yolk”.

Note.—Any person making any false or misleading statement or omitting to furnish information called for in this return is guilty of an offence punishable by a fine not exceeding £50.

Form E. Reg. 8.

Commonwealth of Australia.

Egg Export Control (Licences) Regulations.

RETURN OF DRIED EGG PRODUCTS.

The Secretary,

Australian Egg Board,

Sydney.

Shipment on the “ ”from the port of

Date of shipment

I, [here insert full name and address of licensee] of

the holder of licence No. granted for the period from

19 to 19 to export eggs hereby furnish the following return with respect to egg products exported pursuant to the licence: —

(a)The following * has been shipped on the abovenamed vessel pursuant to the licence: —

  

Name and address of owner.	Name and address of manufacturer.	Quantity shipped.		Name of person to whom shipped.	Port and country to which shipped.
		Number of containers each.	Number of containers each.
lb.	lb.

 

f.o.b.
(b) The price at which the egg product was sold is	per lb.	c.i.f.
ex store
into store

(Note.—If the egg product was shipped on behalf of the Australian Egg Board, this information is not required.)

 (c) Particulars of withdrawals from cold store for shipment are as follows: —

 

Date.	Name of cold store.		Name of cold store.		Name of cold store.		Total number of containers.
	Number of containers,	Certificate numbers.	Number of containers.	Certificate numbers,	Number of containers.	Certificate numbers.

I declare that the particulars shown in this return are true and correct in every detail.

Dated this day of 19

(Signature of licensee.)

*Dried whole egg, sugared dried egg, or dried egg white.

Note.—Any person making a false or misleading statement or omitting to furnish information called for in this return is guilty of an offence punishable by a fine not exceeding £50.