Wine Overseas Marketing Act 1953 (Cth)

WINE OVERSEAS MARKETING.

No. 36 of 1953.

An Act to amend the Wine Overseas Marketing Act 1929-1945.

[Assented to 17th April, 1953.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Wine Overseas Marketing Act 1953.

(2.) The Wine Overseas Marketing Act 1929-1945 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Wine Overseas Marketing Act 1929-1953.

 

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Sections seven and eight of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

Deputies of members.

3. Section eight of the Principal Act is amended by omitting sub-section (3.).

4. Section nine of the Principal Act is repealed and the following section inserted in its stead:—

Fees, allowances and expenses.

“9.—(1.) Subject to this section, members of the Board and deputies of members shall be paid, in respect of attendance at meetings of the Board or of the Executive Committee of the Board or while engaged (whether in Australia or overseas), with the approval of the Board, on business of the Board, such fees, allowances and expenses as the Governor-General determines.

“(2.) If a member or a deputy of a member is also a member of the Parliament of the Commonwealth or of a State, he shall not be paid fees, allowances or expenses under the last preceding sub-section, but shall be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of the Executive Committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.”.

Chairman of the Board.

5. Section ten of the Principal Act is amended by omitting from sub-section (2.) the word “members” (second occurring) and inserting in its stead the word “number”.

London Agency of Board.

6. Section twelve of the Principal Act is amended by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-section:—

“(4.) A member of the London Agency shall be paid such fees, allowances and expenses as the Minister, after a recommendation has been made by the Board, determines.”.

7. Section thirteen of the Principal Act is repealed and the following section inserted in its stead:—

Employment of staff.

“13.—(1.) Subject to this section, the Board may employ such persons as it thinks necessary to assist the Board in exercising its powers and performing its functions under this Act.

“(2.) The terms and conditions of employment of persons employed under this section shall be such as are determined by the Board with the approval of the Public Service Board.

“(3.) Where a person employed in pursuance of this section was, immediately before he became employed by the Board, an officer of the Public Service of the Commonwealth, his service as a person

 

employed by the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1953 applies as if this Act and this section had been specified in the Schedule to that Act.”.

8. Sections fourteen to sixteen (inclusive) of the Principal Act are repealed and the following section is inserted in their stead:—

Power to make regulations controlling export of wine.

“14.—(1.) For the purpose of enabling the Board effectively to control the export, and the sale and distribution after export, of Australian wine, the regulations may prohibit the export from the Commonwealth of wine—

(a) except by a person who holds a licence granted as prescribed; and

(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Board.

“(2.) A person shall not export wine from the Commonwealth in contravention of the regulations (including the prescribed conditions and restrictions).

Penalty: One hundred pounds.”.

9. Section nineteen of the Principal Act is repealed and the following sections are inserted in its stead:—

Contracts for shipment of wine.

“19.—(1.) A contract for the carriage of wine by sea to a place beyond the Commonwealth shall not be made except—

(a) by the Board acting as the agent of the owner of the wine or of another person having authority to export the wine; or

(b) in conformity with conditions approved by the Board.

“(2.) A contract for the carriage of wine by sea to a place beyond the Commonwealth made otherwise than in accordance with this section is void.

“(3.) A Collector of Customs or other officer of Customs may require a person who seeks to export wine from the Commonwealth, on making entry of the wine under the Customs Act 1901-1952 and before the entry has been passed, to satisfy him that the contract for the carriage of the wine is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.

Operation of Customs Act and Commerce (Trade Descriptions) Act not affected.

“19a. Nothing in this Act or the regulations affects the operation of the Customs Act 1901-1952 or of the Commerce (Trade Descriptions) Act 1905-1950, or of regulations made under either or both of those Acts.”.

 

Application of money paid into Fund.

10. Section twenty-two of the Principal Act is amended by omitting paragraphs (b) and (c) and inserting in their stead the following paragraph:—

“(b) In payment of the salaries, fees, allowances and expenses payable under sections nine, twelve and thirteen of this Act;”.

Money in Fund uninvested may be lodged in bank.

11. Section twenty-three of the Principal Act is amended by omitting the words “Commonwealth Bank,” and inserting in their stead the words “Commonwealth Bank of Australia, or with any other prescribed bank,”.

Moneys received by Board.

12.