Honey Export Control (Licences) Regulations (Cth)

STATUTORY RULES.

1964. No.10.

REGULATIONS UNDER THE HONEY INDUSTRY ACT 1962.*

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

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

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

And whereas the Board has recommended to the Minister that the conditions and restrictions applying to the export from the Commonwealth of honey should be the conditions and restrictions 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.

Dated this 30th day of January, 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(sgd.) C.F. ADERMAN

Minister of State for Primary Industry.

HONEY EXPORT CONTROL (LICENCES) REGULATIONS.

Citation.

1. These Regulations may be cited as the Honey Export Control (Licences) Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of March, 1964.

* Notified in the Commonwealth Gazette on 30th January, 1964.

10241/63.—PRICE 5D. 9/23.12.1963.

Interpretation.

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

“authorized person”, in relation to the exercise of a power or the performance of a duty or function under these Regulations, means a person authorized for that purpose by the Board;

“export” means export from the Commonwealth;

“licence” means a licence to export honey issued in pursuance of these Regulations;

“licensee” means the holder of a licence;

“the Act” means the Honey Industry Act 1962;

“the Board” means the Australian Honey Board established by the Act and, in relation to a power or function of the Board that the Committee is authorized, by an instrument of delegation under section 21 of the Act, to exercise or perform, includes the Committee;

“the Secretary” means the Secretary to the Board, and includes a person for the time being exercising the powers and performing the functions of Secretary to the Board.

(2.) A reference in these Regulations to a Form by number shall be read as a reference to a Form so numbered in the Schedule to these Regulations.

Compliance with Forms.

4. Strict compliance with the Forms contained in the Schedule to these Regulations is not necessary, and substantial compliance is sufficient.

Regulation of export.

5.—(1.) The export of honey is prohibited—

(a) except by a licensee; and

(b)except in accordance with the conditions and restrictions prescribed by these Regulations.

(2.) The export of honey that is intended to be used as ship’s stores by ships bound for overseas destinations is prohibited—

(a) except by a licensee; or

(b) except by a person authorized in writing by the Board to supply honey to be so used.

Application for licence.

6. Application for a licence shall be made to the Secretary in writing stating the full name and address of the applicant.

Issue of licences.

7.—(1.) The Minister or a person authorized in writing by the Minister to issue licences under these Regulations may, upon the recommendation of the Board, issue a licence to export honey.

(2.) A licence issued in pursuance of the last preceding sub-regulation—

(a)shall be in accordance with Form 1; and

(b) subject to the next succeeding regulation, remains in force for the period specified in the licence.

Cancellation or suspension of licence.

8.—(1.) Subject to the next succeeding sub-regulation, the Minister may after receiving a report from the Board in relation to a licensee, by notice in writing to the licensee, revoke the licence or suspend the licence for such period as he thinks fit.

(2.) The Minister shall not—

(a)revoke a licence unless the Board has recommended the revocation of the licence; or

(b)suspend a licence unless the Board has recommended the revocation or suspension of the licence.

Permit to export honey.

9. A person other than the Board shall not export honey from Australia unless he has been issued by the Board with a permit in accordance with Form 2 and he has complied with any conditions contained in the permit

Conditions and restrictions.

10. A person other than the Board shall not export honey from Australia unless—

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

(b) the honey is exported on a ship included in a class of ships approved by the Board;

(c) the honey—

 (i) has, before being exported, been sold, upon terms and conditions approved by the Board, to a person carrying on business outside Australia; or

(ii) is consigned upon terms and conditions approved by the Board; and

(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.

Furnishing of information on demand.

11.—(1.) A licensee shall, upon demand in writing by the Secretary or an authorized person, produce to the Secretary or to the authorized person, as the case may be, all or any books, letters, copies of letters, accounts, statements, balance-sheets, vouchers and other documents in his custody, possession or control relating to the sale, disposal or export or the intended sale, disposal or export, by the licensee of honey, or relating to honey which has been exported and was at any time owned by, or in the custody, possession or control of, the licensee.

(2.) A licensee shall, upon demand by the Secretary or an authorized person, permit an authorized person to take samples of any honey produced in the Commonwealth and owned by, or in the custody, possession or control of, the licensee, whether the honey is in the Commonwealth or overseas.

Penalty: Fifty pounds.

Return as to honey.

12. A licensee shall, not later than the twelfth day of each month of the year—

(a) furnish to the Board a return in duplicate, in accordance with Form 3, showing particulars of the honey exported by the licensee during the month immediately preceding the mouth in which the return is furnished; or

(b) where the licensee has not so exported any honey—furnish to the Board a statement to that effect.

Notices.

13. A notice or other document for the purposes of these Regulations may be served on a licensee by post at his address specified in his licence.

False information.

14. A person shall not for the purposes of these Regulations, make a statement, or furnish information, that is false or misleading in a material particular.

Penalty: Fifty pounds.

THE SCHEDULE.

FORM 1. Reg. 7.

No.

COMMONWEALTH OF AUSTRALIA.

Honey Export Control (Licences) Regulations.

LICENCE TO EXPORT HONEY.

In pursuance of regulation 7 of the Honey Export Control (Licences) Regulations, I, the Minister of State for Primary Industry (or a person authorized by the Minister of State for Primary Industry to grant licences under these regulations), upon the recommendation of the Australian Honey Board, hereby grant to

 a licence to export honey from the Commonwealth during the period from and including , 19 , to and including , 19  .

Dated this day of , 19 .

Minister of State for Primary Industry

(or art Authorized person).

FORM 2. Reg. 9.

COMMONWEALTH OF AUSTRALIA.

Honey Export Control (Licences) Regulations.

CERTIFICATE OF PERMISSION OF AUTHORITY TO EXPORT HONEY.

This is to certify that

of  , the

holder of Licence No. under the Honey Export Control (Licences) Regulations, is permitted by the Australian Honey Board to export before

19 , to each importer at named

in the first column of the following table, the honey, particulars of which are set out in that sable opposite the name of that importer:—

Importer.	Particulars of Honey.
	Weight.	Price.	Colour classification.

Dated this day of , 19

Secretary (or an Authorized person).

FORM 3. Reg. 12.

COMMONWEALTH OF AUSTRALIA.

Honey Export Control (Licences) Regulations.

RETURN OF HONEY EXPORTED.

To—

The Secretary,

Australian Honey Board.

In pursuance of regulation 12 of the Honey Export Control (Licences) Regulations,

I, of the holder of Licence No. under section 22 of the Honey Industry Act 1962, hereby furnish the following particulars of the honey exported by me during the month of ,

19 :—

Date of Shipment. Port of Shipment. Name of Vessel. Destination. Australian Honey Board Permit Number. Colour classification. Reading in millimetres according to Pfund Colour Grader. Weight. Price.

Total exports in pounds

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

Dated this day of , 19.

(Signature of licensee.)

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