Exports (Flour) Regulations (Cth)

STATUTORY RULES.

1940. No.216.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—

(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or

(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease;

And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:

And whereas I am of opinion that the exportation of flour except subject to the conditions and restrictions prescribed by the following Regulations would be harmful to the Commonwealth:

Now therefore 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 Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this first day of October, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Trade and Customs and the Minister of State for Commerce.

 

EXPORTS (FLOUR) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Exports (Flour) Regulations.

 

* Notified in the Commonwealth Gazette on  , 1940.

 

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Export Establishments.

Part III.—Trade Descriptions.

Part IV.—Registration of Brands.

Definitions.

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

“export establishment” means an export establishment registered as such in accordance with these Regulations;

“flour” means flour produced by gristing, crushing, grinding, milling or otherwise processing wheat;

“officer” means an officer of the Department of Commerce;

“the Minister” means the Minister of State for Commerce;

“the Secretary” means the Secretary of the Department of Commerce.

(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.

Ships’ stores.

4. These Regulations shall not apply to ships’ stores brought to or shipped in Australia.

Part II.—Export Establishments.

Registration of export establishments.

5.—(1.) Any person who is the owner or occupier of any premises used for the manufacture, processing, sacking or storage of flour may apply to the Secretary through the State Superintendent of the Australian Wheat Board in the State in which the premises are situated, in accordance with Form 1, for the registration of the premises as an export establishment.

(2.) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner he may, in his discretion, register the premises as an export establishment.

(3.) The registration of an export establishment shall remain in force until the expiration of a period of twelve months, or until the premises cease to be used for the manufacture, processing, sacking or storage of flour, whichever first happens:

Provided that the Secretary may at any time cancel the registration of an export establishment if he ceases to be satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner.

(4.) A certificate in accordance with Form 2, signed by the Secretary, or any officer authorized in that behalf by the Secretary, shall be prima facie evidence of the facts therein stated.

Officers may enter export establishments.

6. Any person authorized in that behalf by the Secretary may—

(a) at all reasonable times enter any export establishment and inspect any wheat, flour or sacks, and any operations or things connected with the manufacture, processing, sacking or storage of flour, and do all other things which he may consider necessary for the purposes of these Regulations; and

(b) at all reasonable times enter any premises in which he has reason to believe flour intended for exportation may be found, and open any sacks or other containers, and examine and take samples of any flour, found on those premises.

 

Export of certain flour prohibited.

7. On and after a date to be fixed by the Minister by notice in the Gazette, the exportation of any flour—

(a) which has been manufactured, processed, sacked or stored in premises other than an export establishment;

(b) which, in the opinion of an officer thereunto authorized by the Secretary, is unfit for export;

(c) which is contained in sacks or other containers which are soiled, disfigured, or otherwise damaged prior to or during the process of shipping to such an extent that the goods are, in the opinion of an authorized officer, unfit for export; or

(d) in respect of which an export permit has not been obtained by the exporter in pursuance of these Regulations,

is prohibited.

Part III.—Trade Descriptions.

Export of flour prohibited unless trade description applied.

8. The exportation of flour is prohibited unless there is applied to the flour a trade description in accordance with these Regulations.

Trade description.

9. The trade description to be applied to any flour intended for export shall comply with the following provisions:—

(a) It shall be in the form of a principal label or brand affixed to or imposed on the sacks or other containers of the flour in a conspicuous and reasonably permanent manner.

(b) It shall contain in prominent and legible characters a true description of the flour, together with the word “Australia”, and may include in addition the name of the State in which the flour was prepared and processed.

(c) It shall include one or more of the following particulars, namely—

(i) the name of the manufacturer or exporter;

(ii) the registered brand of the manufacturer or exporter;

(iii) the name or brand of the consignee:

Provided that the name or brand of the consignee shall not be included except with the consent of the Secretary, which may be granted subject to such conditions as he thinks fit:

Provided further that the trade description shall include the manufacturer’s name or registered brand, unless the exporter sets forth, in the notice of intention to export, the name and address of the manufacturer.

(d) It shall include a statement of the gross or net weight when packed (specified in pounds) conspicuously marked on the sacks or other containers in permanent and legible characters, the number of pounds representing the weight being indicated in figures only, followed by the word “gross” or “net” as the case may be.

Trade description applies as at time of shipment.f

10. The trade description to be applied to flour in pursuance of these regulations shall have relation to the condition of the flour as at time of shipment.

 

Notice of intention to ship.

11. Any person who intends to export any flour shall furnish to the Secretary a notice and declaration in writing in accordance with Form 3 at least three clear working days before the proposed date of shipment.

False declarations.

12.—(1.) A person shall not make any false or misleading statement in any declaration furnished in pursuance of the last preceding regulation.

Penalty: Fifty pounds.

(2.) In any proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary or an Assistant Secretary of the Department of Commerce certifying that the declaration was furnished in pursuance of the last preceding regulation, and was made by the person by whom it purports to have been made, shall be prima facie evidence of the matters so certified.

(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or has held, the office of Secretary or Assistant Secretary of the Department of Commerce.

Issue of export permit.

13.—(1.) Upon receipt by the Secretary of a notice of intention to export flour, if an authorized officer is satisfied that—

(a) the sacks or other containers of the flour are marked in the prescribed manner with the prescribed trade description; and

(b) the exportation of the flour is not prohibited (otherwise than under the provisions of paragraph (d) of regulation 7 of these Regulations)

he shall issue to the exporter an export permit in accordance with Form 4.

(2.) When flour is brought to a wharf for shipment the exporter shall deliver the export permit to the Officer of Customs on duty at the ship by which the flour is to be exported.

Cancellation of export permits.

14.—(1.) If an officer has reasonable cause to think that since the issue of an export permit the condition of the flour or of the sacks or other containers has changed he may cancel the export permit.

(2.) Where an export permit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit to the officer.

Penalty: Fifty pounds.

Part IV.—Registration of Brands.

Register of brands.

15. Subject to regulation 9 of these Regulations, the Secretary may register any brand as a brand which may be included in the trade description of flour intended for export and shall keep a register of brands so registered.

Application to be accompanied by copies of brand.

16. An application for the registration of a brand shall be accompanied by seven copies of the brand.

Registration as trade mark necessary.

17. A brand shall not be registered under these Regulations unless it is registered as a trade mark under the Trade Marks Act 1905-1936, and the applicant is the registered proprietor of the trade mark.

 

Registration number.

18. The Secretary shall allot a number in respect of each registered brand.

Assignments and transmissions of trade marks to be notified.

19. Where a trade mark which is registered as a brand under these Regulations is assigned or transmitted, the assignee or transmittee shall give notice in writing to the Secretary of the assignment or transmission.

Cancellation of brand where no longer registered as a trade mark.

20. Where any trade mark which is registered as a brand under these Regulations ceases to be registered as a trade mark, the Secretary shall cancel the registration of the brand.

 

THE SCHEDULE. Reg. 3 (2.).

 

Form 1. Reg. 5 (1.).

No.

Commonwealth of Australia.

Exports (Flour) Regulations.

APPLICATION FOR REGISTRATION OF EXPORT ESTABLISHMENT.

To the Secretary,

Department of Commerce,

Care of the State Superintendent,

Australian Wheat Board,

State of

* Here insert full name of applicant.

  Here insert address.

‡ Here insert name of export establishment.

§ Strike out the words inapplicable.

ǁ Strike out whichever is inapplicable.

I [or We]*  of    hereby apply in pursuance of the Exports (Flour) Regulations for the registration of the ‡  situated at in the State of  as an Export Establishment for the manufacture,§ processing,§ sacking § and storage§ of flour intended for export, and I [or we] declare—

(а) that I am ǁ/we are ǁ the owner (s)/occupier (s) of the said premises; and

(b) that the said premises are constructed, equipped and operated in an efficient and hygienic manner.

Dated this day of , 19 .

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

 

Form 2.  Reg. 5(4.).

Registration No.

Commonwealth of Australia.

Exports (Flour) Regulations.

CERTIFICATE OF REGISTRATION OF EXPORT ESTABLISHMENT.

* Strike out whichever is inapplicable.

  Strike out the words inapplicable.

This is to certify that, in pursuance of the Exports (Flour) Regulations, the premises situated at  in the State of  and *owned/*occupied by  have been registered as an Export Establishment for the manufacture , processing,   sacking  and storage  of flour intended for export.

Dated this day of , 19 .

Secretary, Department of Commerce.

 

Form 3. Reg. 11.

Commonwealth of Australia.

Exports (Flour) Regulations.

NOTICE OF INTENTION TO EXPORT FLOUR.

 , 19 .

To the Department of Commerce,

Port of

State of

Notice is hereby given that I intend to export the flour specified in the statement hereunder.

 

* Strike out where Inapplicable.

I hereby declare—

(a) that I am *the agent duly authorized by *the owner of the flour specified in the statement hereunder;

(b) that the flour has not been manufactured, processed, sacked or stored in premises other than registered export establishments;

(c) that the flour is marked in the prescribed manner with the prescribed trade description.

Statement of Flour to be Exported.

Name of Manufacturer. Brand. Quantity. Destination.

Export ship

Date of sailing

(Signature of agent or owner.)

(Witness to signature of agent or owner.)

 

Form 4. Reg. 13.

Commonwealth of Australia.

Exports (Flour) Regulations.

EXPORT PERMIT.

Port of

Date , 19 .

To the Officer of Customs,

Wharf.

The undermentioned flour is marked in the prescribed manner with the prescribed trade description, and the conditions applicable thereto under the Exports (Flour) Regulations have been complied with.

Name of exporter

Factory Brand and Marks. Quantity. Export Ship. Destination.

Officer of the Department of Commerce.

Shipped the above flour.

Officer of Customs.

Date , 19 .

Note.—This form is to be delivered by the exporter to the Officer of Customs at the export ship at the time the flour is brought for shipment, and to be returned by the Officer of Customs after shipment of the flour to the examining officer.

 

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