Wine Overseas Marketing (Preparation of Rolls) Regulations (Cth)

STATUTORY RULES.

1929. No. 39.

 

REGULATIONS UNDER THE WINE OVERSEAS MARKETING ACT 1929.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Wine Overseas Marketing Act 1929, to come into operation forthwith.

Dated this nineteenth day of April, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

T. PATERSON

Minister of State for Markets and Transport.

 

Wine Overseas Marketing (Preparation of Rolls) Regulations.

Short title.

1. These Regulations may be cited as the Wine Overseas Marketing (Preparation of Rolls) Regulations.

Definitions.

2. In these Regulations unless the contrary intention appears—

“the Act” means the Wine Overseas Marketing Act 1929;

“the Minister” means the Minister for Markets and Transport;

“the Secretary” means the Secretary to the Department of Markets and Transport;

“the poll” means the poll of owners of wineries and distilleries under section two of the Act; and includes any poll under section three of the Act;

“the election” means the election of members of the Board in pursuance of sub-section (2.) of section five of the Act;

“Owner” includes—

(a) in the case of a proprietary or co-operative winery or distillery, the chairman of the Board of Directors of that winery or distillery or a person appointed by the chairman to act in that behalf; and

(b) in the case of a privately-owned winery or distillery any one partner of the firm owning the winery or distillery;

“Co-operative winery” means any winery which the Secretary is satisfied distributes the whole or any portion of its surplus profits to the persons supplying grapes to the winery;

“Co-operative distillery” means any distillery which the Secretary is satisfied distributes the whole or any portion of its surplus profits to the persons supplying the grapes to the distillery;

821.—Price 3d.

 

“Proprietary winery” means any winery which is owned by any registered company other than a co-operative company;

“Proprietary distillery” means any distillery which is owned by any registered company other than a co-operative company;

“Privately-owned winery” means any winery which is owned by any person or firm;

“Privately-owned distillery” means any distillery which is owned by any person or firm.

List of voters to be prepared.

3. (1)Pursuant to claims made under these Regulations the Secretary shall prepare a roll of owners of co-operative wineries and distilleries, and also a roll for each State of owners of proprietary and privately-owned wineries and distilleries entitled to vote at the poll and the election.

(2) The rolls shall be certified by the Secretary by writing under his hand to be correct and shall be the rolls of owners of wineries or distilleries to be used for the purposes of the poll and the election.

(3) The rolls shall be conclusive evidence of the rights of the owners of the wineries or distilleries named therein to vote at the poll and the election.

Claims for enrolment.

4. (1)An owner of a winery or distillery shall only be entitled to vote at the poll and the election if his name is placed on a roll pursuant to a claim for enrolment made by him in accordance with the Form in the Schedule to these Regulations.

(2) Claims for enrolment shall be made on or before a date notified in the Gazette by the Minister, and any claim received after that date shall not be accepted for enrolment.

(3) Where two or more wineries or distilleries in any one State are owned by the same person, firm or company, those wineries or distilleries shall, for the purposes of this Regulation be deemed to be one winery or distillery.

Witnessing of claims for enrolment.

5. A claim for enrolment shall be witnessed by an elector, or a person qualified to be an elector, of the Commonwealth or of a State.

Witness to see claimant sign claim.

6. The person witnessing a claim for enrolment shall not sign his name as witness unless he has seen the person whose signature he purports to witness, sign the claim for enrolment.

Offences.

7. Any person witnessing a claim for enrolment shall, before he affixes his signature thereto—

(a) satisfy himself as to the identity of the claimant for enrolment; and

(b) by inquiry from the claimant or otherwise, satisfy himself that the statements contained in the claim are true and correct, unless he knows that such statements are true and correct.

Penalties.

8. Any person who is convicted of an offence against these Regulations shall be liable to a penalty not exceeding Fifty pounds.

 

THE SCHEDULE.

Commonwealth of Australia.

Wine Overseas Marketing Act 1929.

claim for enrolment under the wine overseas marketing (preparation of rolls) regulations.

Note.—Any owner of a winery or distillery which handled not less than ten tons of grapes for use in the manufacture of wine or spirit, respectively, during the year ended 30th June, 19 , may claim to have his name enrolled under these Regulations for the purpose of—

(a) the poll as to whether the Act is to be brought into operation (or to continue in operation, as the case requires); and

(b) the election of a representative or representatives on the Wine Overseas Marketing Board.

“Owner” includes—

(a)in the case of a proprietary or co-operative winery or distillery, the Chairman of the Board of Directors of that winery or distillery, or a person appointed by the Chairman to act in that behalf; and

(b) in the case of a privately-owned winery or distillery, any one partner of the firm owning that winery or distillery.

The closing date for lodgment of this claim with the Secretary, Department of Markets and Transport, Canberra, F.C.T., is ,

19 , and any claims received after that date shall not be accepted for enrolment.

(a) Insert full name (in block letters).

(b) Insert name of winery or distillery.

(c) Insert address of winery or distillery.

(d) Insert whether co-operative, proprietary or privately-owned.

I, (a)..................................................................................................................................., claim to have my name placed on a roll of owners of wineries and distilleries, and I declare—

(1) that I am the owner of the (b)..................................................................winery/* distillery situated at (c)......................................................................................................in the State of...............................................................................................;

(2) that the said *winery/distillery is a (d)...................................................winery/* distillery;

(3) that the quantity of grapes delivered to that winery or distillery for manufacture into wine during the year ended 30th June, 19 , was not less than ten tons; and

(4) that the statements made in this claim are true and correct in every particular.

Signature of Claimant.............................................................................

(in own handwriting)

Dated the...................................day of........................................19........

I, the undersigned, being an elector, or person qualified to be an elector, of the Commonwealth or of a State, hereby certify—

(a)that I have satisfied myself as to the identity of the claimant for enrolment;

(b)that I have seen the claimant for enrolment sign the declaration in his, the claimant’s, own handwriting; and

(c) that I either know the statements contained in the declaration to be true and correct, or have satisfied myself, by inquiry from the claimant or otherwise, that the statements contained in the declaration are true and correct.

(Penalty on witness for failure to fully comply with these requirements—£50.)

Personal signature of witness................................................................

(in own handwriting)

Occupation............................................................................................

Place of living.......................................................................................

Dated the..............................................day of.............................................19.......

* Strike out the words which are inapplicable.

 

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