Wine Overseas Marketing (Licences) Regulations (Cth)

STATUTORY RULES.

1930. No. 56.

REGULATIONS UNDER THE WINE OVERSEAS MARKETING ACT 1929.

WHEREAS it is provided by the Wine Overseas Marketing Act 1929 that for the purpose of enabling the Board effectively to control the export and the sale and distribution after export of Australian wine, the Governor-General may by Proclamation prohibit the export from the Commonwealth of any wine except in accordance with a licence issued by the Minister subject to such conditions and restrictions as are prescribed after recommendation to the Minister by the Board:

And whereas by Proclamation dated the twenty first day of May, 1930, and published in the Gazette of the twenty-fourth day of May, 1930, the Governor-General prohibited the export from the Commonwealth on and after the second day of June, 1930, of any wine (except wine to be exported to the Dominion of New Zealand) except in accordance with a licence issued by the Minister subject to such conditions and restrictions as are prescribed after recommendation to the Minister by the Board:

And whereas the Board has recommended to the Minister that licences for export of wine from the Commonwealth should be issued subject to the conditions and restrictions prescribed in the Regulations hereunder:

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 Wine Overseas Marketing Act 1929, to come into operation on the second day of June, One thousand nine hundred and thirty.

Dated this twenty-eighth day of May, 1930.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

PARKER MOLONEY

Minister of State for Markets.

 

WINE OVERSEAS MARKETING (LICENCES) REGULATIONS.

Short Title.

1. These Regulations may be cited as the Wine Overseas Marketing (Licences) Regulations.

Definitions

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

“ the Act ” means the Wine Overseas Marketing Act 1929 and, if that Act is amended, includes that Act as so amended;

“licence” means a licence under, section fifteen of the Act;

“the Minister” means the Minister for Markets;

“the Secretary” means the Secretary to the Department of Markets.

 

(2.) Any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Application to export wines

3. An application for a licence to export wine shall be in accordance with Form A and shall be supported by such information as the Minister requires.

Licence to export wine.

4. Upon the granting of a licence the Secretary, or any person authorized in that behalf by the Secretary, may issue a licence to export wine in accordance with Form B.

Licensee to furnish particulars of wine to be exported.

5. The licensee shall furnish to the Secretary, or to any person authorized in that behalf by the Secretary, not less than two days before the shipment of any wine, a statement (in duplicate) in accordance with Form C.

Authority to export a particular shipment of wine.

6. The Secretary, or any person authorized in that behalf by the Secretary, may issue a certificate in accordance with Form D authorizing the export of a particular shipment of wine in pursuance of the licence.

 

THE SCHEDULE.

Form A. Regulation 3.

No 

COMMONWEALTH OF AUSTRALIA.

Wine Overseas Marketing Act 1929.

APPLICATION FOR LICENCE TO EXPORT WINE.

To—

*.......................................................................

...........................................................................

.........................................................................

I

We.......................................................................................

(Here insert full name of Applicant.)

of................................................................................................

(Here insert full address of Applicant.)

hereby make application for a licence to export wine.

I

We, the person(s) making this application, undertake in the event of the licence being granted, to comply with all the conditions on which the licence is granted.

Dated this........................... day of........................, 19 .

...........................................................................

Signature (s) of Applicant(s). ,

 

* Applications should be forwarded to the address shown hereunder in the State in which the applicant resides, namely :—

New South Wales—Department of Markets, Customs House, Sydney.

Victoria—Department of Markets, 527 Collins-street, Melbourne, C.1.

Queensland—Department of Markets, Desmond Chambers, Adelaide-street, Brisbane South Australia—Wine Overseas Marketing Board, 23 Waymouth-street, Adelaide.

Western Australia—The Collector of Customs, Fremantle.

Tasmania—The Collector of Customs, Hobart.

 

Form b. Regulation 4

Licence No 

Commonwealth of Australia.

Wine Overseas Marketing Act 1929.

LICENCE TO EXPORT WINE.

This is to certify that, in pursuance of section 15 of the Wine OverseasMarketing Act 1929, a licence for a period of twelve months from......................................................................................19....., to........................................................19....., to export wine has been granted to......................................................................................of......................................................................on the following conditions:—

(а) That the licensee furnishes to the*……………… not less than two days before the shipment of any wine, a statement (in duplicate) in accordance with Form C in the Schedule to the Wine Overseas Marketing (Licences) Regulations;

(b) That the licensee undertakes that wine shall not be exported in pursuance of this licence unless a certificate of authority to export a particular shipment of wine in accordance with Form D in the Schedule to the Wine Overseas Marketing (Licences) Regulations has been issued to the licensee in respect of such wine;

(c) That the licensee undertakes to comply with all regulations which have been or shall be made under the Act;

(d) That the licensee undertakes to produce such documents and to furnish to the Wine Overseas Marketing Board all such information in regard to the wine as the Board requires;

(e) That the licensee undertakes not to sell, or to offer for sale—

(i) the wine;

(ii) the wine with the casks included, at a price less than the price (or its equivalent) fixed by the Board;

(f) That, in the event of the licensee having purchased the wine in Australia, such wine shall have been purchased at a price not less than the minimum net f.o.b. price (or its equivalent) fixed by the Board;

(g) That the licensee undertakes to permit the Board or its representative to take samples of the wine either before shipment or on arrival at port of discharge, or at such other time or place as may be acceptable to the Board or its representative;

(h) That the licensee shall, after seven days’ notice in writing from the Board, withhold from shipment such proportion of wine as the Board determines; and

(i)That the licensee shall, after seven days’ notice in writing by the Board, comply with such other conditions and restrictions as are prescribed after the licence is granted.

Dated this....................... day of............................ 19

 

Secretary, Department of Markets,

  For or on behalf of the Secretary,

Department of Markets.

N.B.—Section 15 (3.) of the Wine Overseas Marketing Act 1929 reads as follows:—

“ Where the Minister is satisfied, on report by the Board, that any person to whom a licence under this section has been granted has contravened or failed to comply with any term or condition upon which the licence was granted, the Minister may cancel the licence.”.

 

* Here Insert Secretary, Department of Markets, or other authority to whom statement is to be furnished, together with address.

  Strikeout the words which are inapplicable.

 

Form C. Regulation 5

No 

COMMONWEALTH OF AUSTRALIA.

Wine Overseas Marketing Act 1929.

STATEMENT CONTAINING PARTICULARS OF WINE FOR EXPORT.

To—

*.......................................................................

...........................................................................

.........................................................................

I

We........................................................................

of.................................................................................

being the holder (s) of Licence No. ............... , granted for the period from

..........................  19 , to.............................. , 19 , to export wine, do hereby furnish the following particulars in respect of wine to be exported pursuant to the licence:—

(a) The following, wine is to be submitted for shipment pursuant to the licence:—

Type. Quantity—in gallons (approximate). Particulars and number of packages. Approximate alcoholic strength in proof spirit. Approximate Beaume.

(b) The vessel in which it is proposed to ship the wine is..................................................

leaving................................. on or about........................... ......................19........

(c) The port to which the wine will be consigned is..........................................................

(d) The wine was manufactured by.................................................................................

(Give full name and address of manufacturer.)

(e)   The wine was purchased from.................................................................................

(Give full name and address of person, firm or company from whom the wine was purchased.)

................................................................................................................................

at the following price and on the following terms.....................................................

................................................................................................................................

which price is not less than the minimum net f.o.b. price (or its equivalent) fixed by the Board.

I

We declare that the particulars shown herein are true and correct in every detail.

....................................................................

Signature of licensee.

Dated this....................... day of............................ 19 .

 

* Here insert authority to whom statement is to be furnished in pursuance of condition (a) of the licence.

  To be filled in only when the shipper or owner of the wine at time of shipment is a person, firm or company other than the manufacturer of the wine.

 

Form D. Regulation 6

No 

Commonwealth of Australia.

Wine Overseas Marketing Act 1929.

CERTIFICATE OF AUTHORITY TO EXPORT WINE.

This is to certify that...............................................................................................................

of.................................................................... to whom a Licence No..........................................

dated........................ , 19 , has been granted to export wine, is authorized in pursuance of that licence to export from the Commonwealth the wine described hereunder:—

Type. Quantity—in gallons (approximate). Particulars and number of packages. Approximate alcoholic strength in proof spirit. Approximate Beaume.

The wine is to be shipped from...............................................................................................

to.................................................................... by the SS...............................................................

leaving............................................................ on or about........................................................... 19 .

Dated this....................... day of............................ , 19

..............................................................

Secretary, Department of Markets.

* For or on behalf of the Secretary,

Department of Markets.

 

* Strike out the words which are inapplicable.

 

By Authority: H. .J. Green, Government Printer, Canberra.