EXPORTS (GRAIN) REGULATIONS - Incorporating all amendments by legislation made
to 31 July 1980
- Reprinted as at 31 July 1980 (HISTREG CHAP 151 #DATE 31:07:1980)
*1* The Exports (Grain) Regulations (in force under the Customs Act 1901) as shown in this reprint comprise Statutory Rules 1963 No. 10 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Year and number Date of notification in Gazette Date of commencement Application, saving or transitional provisions ---------------------------------------------------------------------------- 1963 No. 10 14 Feb 1963 1 Mar 1963 144 24 Dec 1963 24 Dec 1963 - 1966 No. 44 11 Feb 1966 14 Feb 1966 - 1968 No. 121 17 Oct 1968 17 Oct 1968 - 144 28 Nov 1968 1 Dec 1968 - 1969 No. 28 13 Mar 1969 13 Mar 1969 - 1970 No. 80 25 June 1970 1 July 1970 - 1972 No. 151 7 Sept 1972 7 Sept 1972 - 1974 No. 232 6 Dec 1974 6 Dec 1974 - 1977 No. 29 15 Mar 1977 15 Mar 1977 - ---------------------------------------------------------------------------- EXPORTS (GRAIN) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Compliance with forms
5. Delegation
6. Exemptions
7. Circumstances in which the export of grain is prohibited
8. Application for export permit
8A. Export permit
9. Inspection by an officer and cleaning, &c., of grain and grain
holder
10. Master not to load without permit
11. Officer to inspect ship before issuing permit
12. Officer may direct that ship be cleaned
13. Officer may give directions as to other cargoes loaded with grain
14. Certificate of export
15. Fees for officers' services
16. Cancellation of export permit
17. Surrender of cancelled export permit
THE SCHEDULE
Forms
EXPORTS (GRAIN) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Exports (Grain) Regulations.*1*
See notes to first article of this Chapter.
EXPORTS (GRAIN) REGULATIONS - SECT. 2.
Commencement
2. These Regulations shall come into operation on the first day of March,
1963.
EXPORTS (GRAIN) REGULATIONS - SECT. 3.
Interpretation
Sub-reg. (1) amended by 1968 No. 144 r. 2; 1970 No. 80 r. 2; 1972 No. 151
3. (1) In these Regulations, unless the contrary intention appears-
"crew's quarters" does not include any room or other place in a ship-
(a) designed for the storage or handling of any of the ship's stores or
for the preparation of food for consumption by the passengers or crew of the
ship; or
(b) in which any of the ship's stores are stored or handled or food is
prepared for consumption by the passengers or crew of the ship;
"grain" means grain of wheat, oats, barley or sorghum;
"officer" includes-
(a) an officer of the Department of Primary Industry;
(b) an employee of the Department of Primary Industry;
(c) an officer of the Department of Health;
(d) an employee of the Department of Health;
(e) an officer or employee of the Department of the Interior holding, or
performing the duties of, an office in the Northern Territory Administration
of that Department; and
(f) an officer of a State engaged in the performance or execution for
the Government of the Commonwealth of any work connected with the inspection
or examination of grain intended for export or of ships into which grain is
loaded for export;
"the Secretary" means the person for the time being holding, or performing
the duties of, the office of Secretary to the Department of Primary Industry.
(2) In these Regulations, a reference to a Form by number shall be read as a
reference to the Form so numbered in the Schedule to these Regulations.
EXPORTS (GRAIN) REGULATIONS - SECT. 4.
Compliance with forms
4. Strict compliance with the Forms contained in the Schedule is not
necessary, and substantial compliance is sufficient.
EXPORTS (GRAIN) REGULATIONS - SECT. 5.
Delegation
5. (1) The Secretary may, either generally or in relation to a matter or
class of matters and either in relation to the whole of the Commonwealth or to
a State or part of the Commonwealth, by writing under his hand, delegate any
of his powers or functions under these Regulations (except this power of
delegation).
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
(3) A delegation under this Regulation is revocable at will and does not
prevent the exercise of a power or performance of a function by the Secretary.
EXPORTS (GRAIN) REGULATIONS - SECT. 6.
Exemptions
6. Where the Secretary is satisfied that grain is being exported for
experimental purposes or in exceptional circumstances, the Secretary may
specify in an instrument under his hand the provisions of these Regulations
that he is satisfied need not apply to or in relation to the exportation of
that grain and, upon the issue of the instrument, those provisions do not
apply to or in relation to the exportation of that grain.
EXPORTS (GRAIN) REGULATIONS - SECT. 7.
Circumstances in which the export of grain is prohibited
Amended by 1968 No. 121 r. 1
7. The exportation from Australia of grain in a ship is prohibited-
(a) unless the exporter holds an export permit granted under regulation 8
of these Regulations in respect of the grain;
(aa) unless the grain has been loaded in the presence of an officer;
(b) unless a permit authorizing the loading of the grain into the ship has
been granted under regulation 11 of these Regulations;
(c) unless, in a case where cargo other than grain is loaded into the same
cargo space as the grain, the master complies with any directions made by an
officer under regulation 13 of these Regulations;
(d) unless, in the case of grain in bags or other containers, the bags or
other containers are sound and free from insect infestation and extraneous
matter; and
(e) if, after the grain has been loaded into the cargo space, other cargo
that is likely to infest the grain with insect pests or contaminate the grain
is loaded into the cargo space.
EXPORTS (GRAIN) REGULATIONS - SECT. 8.
Application for export permit
Substituted by 1968 No. 121 r. 2
8. (1) An application for an export permit shall be in accordance with Form
1.
(2) The application shall be in duplicate and, unless the officer with whom
the application is lodged otherwise approves, shall be lodged at least three
clear working days before the day on which it is proposed to commence the
loading of the grain.
(3) An export permit shall be in accordance with Form 1A and shall be
written on both copies of the application made by the exporter.
(4) One copy of the application bearing the export permit shall be delivered
to the exporter.
(5) An application for an export permit shall only be refused if, on
inspection by an officer, it is found that the grain is infested with insect
pests or it is otherwise in a condition that renders it unfit for export.
EXPORTS (GRAIN) REGULATIONS - SECT. 8A.
Export permit
Inserted by 1968 No. 121 r. 2
8A. Where an export permit is issued in respect of grain, the exporter shall
deliver the export permit to the officer of Customs performing duty in
relation to the ship by which the grain is to be exported.
EXPORTS (GRAIN) REGULATIONS - SECT. 9.
Inspection by an officer and cleaning, &c., of grain and grain holder
9. (1) In this regulation, "grain holder" means a gallery, conveyor, rail
truck, motor vehicle or other appliance used or to be used in the movement,
into or at a port, of grain intended for export.
(2) For the purposes of these Regulations, an officer-
(a) may enter-
(i) a place at which grain intended for export is stored; and
(ii) a grain holder; and
(b) may examine the place or the grain holder and any grain in the place
or in or upon the grain holder.
(3) Where, in the course of examination under the last preceding
sub-section, the officer finds that- (a) the place in which the grain is
stored, the grain holder or the grain in or upon the grain holder is infested
by insect pests; or
(b) the grain is otherwise in a condition that renders it, in the opinion
of the officer, unsuitable for export,
the officer may direct the person under whose control the place, grain holder
or grain is to clean, fumigate or treat the place, the grain holder and the
grain to the extent necessary to eradicate the infestation or otherwise remove
the condition that renders the grain unsuitable for export.
EXPORTS (GRAIN) REGULATIONS - SECT. 10.
Master not to load without permit
10. The loading into a ship of grain intended for export shall not be
commenced unless the master has, upon an application in accordance with Form 2
being made by the owner, agent or master of the ship, been granted a permit in
accordance with Form 3 to load the grain into the ship.
EXPORTS (GRAIN) REGULATIONS - SECT. 11.
Officer to inspect ship before issuing permit
11. An officer shall not issue a permit in accordance with Form 3-
(a) until he has examined the cargo spaces in respect of which the
application for the permit was lodged and other parts of the ship, excluding
the crew's quarters, from or through which infestation by insect pests or
contamination of grain that is loaded into the cargo space, is likely to
occur; and
(b) unless he is satisfied that those cargo spaces and other parts of the
ship will not infest with insect pests grain that is loaded into the cargo
spaces or contaminate it.
EXPORTS (GRAIN) REGULATIONS - SECT. 12.
Officer may direct that ship be cleaned
12. Where, as a result of an examination of a ship made in accordance with
the last preceding regulation, an officer is of opinion that grain loaded into
the cargo spaces will be infested by insect pests or contaminated, he may
direct the master to clean, fumigate or treat the cargo spaces or other parts
of the ship, excluding the crew's quarters, from or through which he considers
the infestation or contamination will occur, to the extent necessary to
eradicate the infestation and remove the conditions likely to cause the
contamination.
EXPORTS (GRAIN) REGULATIONS - SECT. 13.
Officer may give directions as to other cargoes loaded with grain
13. If, at any time after the loading of grain into a cargo space of a ship,
cargo other than grain that, in the opinion of an officer, is likely to infest
the grain with insects or contaminate the grain, is loaded into the cargo
space, the officer may direct the master to clean, fumigate or treat the cargo
including the grain, the cargo and other parts of the ship, excluding the
crew's quarters, to the extent necessary to ensure that the grain is not and
will not be infested by insect pests from, or contaminated by, the other
cargo.
EXPORTS (GRAIN) REGULATIONS - SECT. 14.
Certificate of export
14. An officer who is satisfied, with respect to grain that has been loaded
for export that the grain is free from insect pests and injurious diseases,
shall, at the request of the exporter, issue to the exporter a certificate
certifying accordingly.
EXPORTS (GRAIN) REGULATIONS - SECT. 15.
Fees for officers' services
Substituted by 1966 No. 44 r. 2 Sub-reg. (1) substituted by 1974 No. 232;
amended by 1977 No. 29
15. (1) Subject to sub-regulation (3), where, at the request of a person,
the services of an officer are made available to the person for the purposes
of these Regulations, the person shall be charged-
(a) in respect of services rendered on a Saturday, Sunday or holiday-a fee
of $2.50 for each quarter-hour or part of a quarter-hour during which the
services are so rendered;
(b) in respect of services rendered on a week day either before the hour of
7 o'clock in the morning or after the hour of 5 o'clock in the evening of that
day-a fee of $1.90 for each quarter-hour or part of a quarter-hour during
which the services are so rendered; or
(c) in respect of services rendered on a week day after the hour of 7
o'clock in the morning and before the hour of 5 o'clock in the afternoon of
that day, being services so rendered for more than eight hours-a fee of $1.90
for each quarter-hour or part of a quarter-hour during which the services are
so rendered after the services have been so rendered for eight hours.
Substituted by 1974 No. 232
(2) In calculating the fee to be charged a person under sub-regulation (1)
in respect of the services of an officer made available to him, the time
reasonably occupied by the officer in proceeding to and returning from the
place where his attendance is required shall be treated as time during which
the services are rendered.
(3) Where an officer is required to proceed on duty away from his ordinary
station, the rate of charge to be made in respect of his services shall be
fixed by the Minister.
Amended by 1974 No. 232
(4) In this regulation-
"holiday" in relation to the services of an officer on a day, means a day
observed, at the place at which the attendance of the officer is required, as
a holiday under section 76 of the Public Service Act 1922-1964;
"officer" has the same meaning as in section 4 of the Customs Act
1901-1965;
"week day" in relation to the services of an officer on a day, means a
Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.
EXPORTS (GRAIN) REGULATIONS - SECT. 16.
Cancellation of export permit
Inserted by 1968 No. 121 r. 3
16. Where the grain in respect of which an export permit has been granted
has, after the grant of the permit, become infested with insect pests or
otherwise become unfit for export, an officer may cancel the export permit,
and, if a certificate has been issued under regulation 14 of these
Regulations, the officer may cancel that certificate.
EXPORTS (GRAIN) REGULATIONS - SECT. 17.
Surrender of cancelled export permit
Inserted by 1968 No. 121 r. 3
17. Where an export permit or certificate has been cancelled under the last
preceding regulation, the exporter shall, if so required by an officer,
forthwith surrender the permit or the certificate, as the case may be, to the
officer.
Penalty: One hundred dollars.
-----------
EXPORTS (GRAIN) REGULATIONS - SCHEDULE
SCH
THE SCHEDULE
Form 1 substituted by 1968 No. 121 r. 3
SCH
FORM 1
Regulation
8
Commonwealth of Australia
Exports (Grain) Regulations
APPLICATION FOR EXPORT PERMIT
To the Regional Officer,
Department of Primary Industry,
(State)
....................................................................19........
..
Application is hereby made for an export permit in respect of the grain
described below.
Name of Exporter .... Address
..................................................
.................................................. Port from which grain is to
be exported......................................... Name of
Ship...................................................... Loading Berth
............................................................ a.m.
Estimated time for commencement of loading p.m. on
........../........../..........
Destination of Grain.............................................. Type of
Grain .................................................. Bagged
................ Season of Production................... Quantity in tons
Bulk
.................. The grain is stored in the port
at.............................................. The grain has not been
subjected to any treatment within the last preceding 28
days.
or
The grain was subjected to the following treatment within the last preceding
28
days-
..............................................................................
.. (Signature of Exporter)
--------
Inserted by 1968 No. 121 r. 3
SCH
FORM 1A
Regulation
16
Commonwealth of Australia
Exports (Grain) Regulations
EXPORT PERMIT
To the Collector of Customs, No.
......................................................................
(State)
Permission is hereby granted, under the Exports (Grain) Regulations, for
the
export of the grain described above.
..............................................................................
.. Officer of the Department of Primary Industry
--------
FORM 2
Regulation
10
Commonwealth of Australia
Exports (Grain) Regulations
APPLICATION FOR PERMISSION TO LOAD GRAIN
....................................................................19........
..
To the Officer-in-Charge,
Department of Primary Industry,
Port
of.........................................................................
owner m.v.
I, , the agent of the
master
s.s.
apply for permission to load the ship with grain for its next overseas
voyage.
The particulars below, which relate to the proposed loading/s, are, to the
best
of my knowledge, correct.
PARTICULARS OF PROPOSED LOADING OF GRAIN
------------------------------------------------------------------------------
--
Port and
-- loading
berth Cargo
spaces to
be loaded Type of
grain Quantity in
tons Approximate time for
commencement of
loading Destination of
grain
------------------------------------------------------------------------------
--
First bulk a.m.
loading bagged p.m. on / /19
------------------------------------------------------------------------------
--
Second bulk a.m.
loading bagged p.m. on / /19
------------------------------------------------------------------------------
--
Third bulk a.m.
loading bagged p.m. on / /19
------------------------------------------------------------------------------
--
owner Signature
of agent master
--------
FORM 3
Regulations 10 and
11
Commonwealth of Australia
Exports (Grain) Regulations
GRAIN LOADING PERMIT
m.v.
To the master of the
s.s. lying at
Permission to load grain in the above-mentioned ship in accordance with the
particulars set out in the following table is hereby granted.
------------------------------------------------------------------------------
--
Port and
-- loading
berth Cargo
spaces to
be loaded Type of
grain Quantity in
tons Approximate
time for
commencement
of loading Destination
of grain
------------------------------------------------------------------------------
--
First bulk a.m.
loading bagged p.m. on / /19
------------------------------------------------------------------------------
--
Second bulk a.m.
loading bagged p.m. on / /19
------------------------------------------------------------------------------
--
Third bulk a.m.
loading bagged p.m. on / /19
------------------------------------------------------------------------------
--
a.m.
Issued at
p.m. on 19
Signature of
Officer
--------
------------------------------------------------------------------------------
--
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