Honey Export Control (Licences) Regulations (Amendment) (Cth)

STATUTORY RULES

1967 No.

 

REGULATIONS UNDER THE HONEY INDUSTRY ACT 1962-1966*

WHEREAS by sub-section (1.) of section 22 of the Honey Industry Act 1962-1966 it is enacted that the regulations may prohibit the export from Australia of honey by a person other than the Australian Honey Board unless—

(a) the person holds a licence to export honey issued, on the recommendation of the Australian Honey Board, by the Minister or by a person authorized by the Minister;

(b) the Australian Honey Board has issued a permit to the person to export the honey and any conditions contained in the permit are complied with; and

(c) the export is in accordance with such conditions and restrictions as are prescribed:

And whereas by sub-section (2.) of section 22 of the Honey Industry Act 1962-1966 it is enacted that regulations prescribing conditions or restrictions for the purposes of paragraph (c) of sub-section (1.) of section 22 of the Honey Industry Act 1962-1966 shall not be made unless the conditions or restrictions, as the case may be, have been recommended to the Minister by the Australian Honey Board:

And whereas the Australian Honey Board has recommended to the Minister that the conditions and restrictions applying to the export from Australia of honey should be the conditions and restrictions set forth in the Honey Export Control (Licences) Regulations as amended in the manner set forth in the following Regulations:

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 Honey Industry Act 1962-1966.

Dated this sixteenth day of March, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

 

Amendments of the Honey Export Control (Licences) Regulations

Interpretation.

1. Regulation 3 of the Honey Export Control (Licences) Regulations is amended—

(a) by inserting after the definition of “authorized person” the following definition:—

“‘authorized price’, in relation to a sale of honey, means the minimum price for that sale—

(a) determined under regulation 10aof these Regulations; or

(b) calculated in accordance with such determination under that regulation as is applicable to the sale,

 

* Notified in the Commonwealth Gazette on  1967.

  Statutory Rules 1964, No. 10.

1754/67.—Price 8c.  9/20.2.1967

as the case may be, or where the price so determined or calculated is expressed in a currency other than that in which the sale is made, the equivalent of that price expressed in the currency in which the sale is made according to the rate of exchange applicable at the time of sale;”; and

(b) by inserting after the definition of “licensee” the following definition:—

“‘overseas’ means a place outside Australia;”.

2. Regulation 10 of the Honey Export Control (Licences) Regulations is repealed and the following Regulations are inserted in its stead:—

Conditions and restrictions.

“10. A licensee shall not export honey unless—

(a) if the Board so requires—any purchaser, agent or representative to or through whom the honey is shipped is approved by the Board for the purposes of these Regulations;

(b) the honey is insured with a person approved by the Board;

(c) the honey—

(i) has been sold before export upon terms and conditions approved by the Board; or

(ii) is, with the approval of the Board, exported on consignment and the consignment is upon terms and conditions approved by the Board;

(d) the export of the honey is in accordance with any directions of the Board with respect to the quantities of honey that may be exported by the licensee either generally or to particular places; and

(e) the licensee has, if so required by the Board or an authorized person, given, in respect of the export by him of honey, an undertaking to the satisfaction of the Board that he will not, without the consent of the Board—

(i) sell overseas any honey to which the undertaking applies at a price less than the authorized price;

(ii) enter into a contract or agreement or a variation of a contract or agreement whereby a person is enabled, authorized or permitted to sell overseas any honey to which the undertaking applies at a price less than the authorized price;

(iii) give an authority, licence, consent or approval to a person to sell overseas any honey to which the undertaking applies at a price less than the authorized price;

(iv) facilitate, counsel, procure or encourage the sale overseas of any honey to which the undertaking applies at a price less than the authorized price;

(v) give or allow, or promise or agree to give or allow, in relation to the sale of any honey to which the undertaking applies any brokerage, rebate, discount, commission, allowance, option or benefit, whether in money, money’s worth, credit, goods or otherwise, that is not provided for in the terms and conditions upon which the honey has been sold before export, or is consigned; or

(vi) fail or omit to take all reasonable and proper steps to ensure that his agents or representatives do not sell overseas any honey to which the undertaking applies at a price less than the authorized price.

 

Determination of minimum prices.

“10A.—(1.) For the purposes of these Regulations, the Board or an authorized person may, from time to time, determine, or determine the manner of calculation of, minimum prices for the sale of honey to be exported or for the sale overseas of exported honey.

“(2.) A determination under this regulation may make different provisions with respect to honey exported or to be exported to different countries.”.

Furnishing of information on demand.

3. Regulation 11 of the Honey Export Control (Licences) Regulations is amended by omitting the words “Fifty pounds” and inserting in their stead the words “One hundred dollars”.

False information.

4. Regulation 14 of the Honey Export Control (Licences) Regulations is amended by omitting the words “Fifty pounds” and inserting in their stead the words “One hundred dollars”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra