Apple and Pear Organization Regulations (Amendment)

STATUTORY RULES.

1940. No. 37.

REGULATIONS UNDER THE APPLE AND PEAR ORGANIZATION ACT 1938.*

WHEREAS by section 14 of the Apple and Pear Organization Act 1938 it is enacted, inter alia, that, for the purpose of enabling the Australian Apple and Pear Board effectively to control the export of Australian apples and pears, the Governor-General may make Regulations prohibiting the export from the Commonwealth of any apples and pears except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the said Board:

And whereas the said Board has recommended to the Minister that the export from the Commonwealth of apples and pears, except in accordance with the conditions and restrictions prescribed by the Regulations hereunder, should be prohibited:

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 Apple and Pear Organization Act 1938.

Dated this Twenty Sixth day of February, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

Amendments of the Apple and Pear Organization Regulations.†

Commencement.

1.—(1.) Regulation 21 inserted in the Apple and Pear Organization Regulations by these Regulations shall come into operation on the twenty sixth day of February, 1940.

(2.) Subject to the last preceding sub-regulation, these Regulations shall come into operation on the date on which they are notified in the Gazette.

Parts.

2. Regulation 2 of the Apple and Pear Organization Regulations is amended by adding at the end thereof the words “Part V.—Licences and Permits.”.

* Notified in the Commonwealth Gazette on February, 1940.

† Statutory Rules 1939, No. 124.

845.—7/12.2.1940.—Price 3d.

Definitions.

3. Regulation 3 of the Apple and Pear Organization Regulations is amended—

(a) by inserting before the definition of “meeting” in sub-regulation (1.) the following definitions:—

“‘authorized person’ means a person appointed to act as such for the purposes of these Regulations by a resolution of the Board;

‘export’ means export from the Commonwealth;

‘licence’ means a licence under section 14 of the Act;

‘licensee’ means the holder of a licence;”;

(b) by inserting after the definition of “officer” in sub-regulation (1.) the following definition:—

“‘permit’ means a permit issued under section 14 of the Act;”;

(c) by inserting in sub-regulation (2.) before the word “Schedule” the word “First”; and

(d) by adding at the end thereof the following sub-regulations:—

“(3.) In these Regulations, any reference to a Form shall be read as a reference to a Form contained in the Second Schedule to these Regulations.

(4.) Strict compliance with the Forms contained in the Second Schedule to these Regulations shall not be necessary and substantial compliance shall be sufficient.”.

4. After Part IV. of the Apple and Pear Organization Regulations the following Part is added:—

“Part V.—Licences and Permits.

Regulation of export.

“21. The export from the Commonwealth of any apples and pears is prohibited—

(a) except by persons who hold licences;

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

(c) unless the Board has issued a permit to export those apples and pears.

Application for licence.

22. An application for a licence shall be in accordance with Form A, and shall be supported by such information as the Secretary requires.

Form of licence.

23. A licence shall be in accordance with Form B and shall be issued for such period as is specified in the licence.

Information to be furnished.

24. A licensee shall, upon request in writing by the Secretary or an authorized person, furnish forthwith, or within the time (if any) specified in the request, such information as is required in relation to the export, or the intended export, by the licensee of any apples or pears, or in relation to any apples or pears at any time owned by, or in the custody, possession or power of, the licensee.

Compliance with Exports (Fresh Fruit) Regulations.

25. A licensee shall comply with such of the provisions of the Exports (Fresh Fruit) Regulations as are applicable to him.

Shipment.

26. A licensee shall ship all apples and pears through such shipping companies as the Board from time to time determines.

Refrigeration.

27. Unless the Board otherwise approves, a licensee shall ship apples and pears exported to the United Kingdom or the continent of Europe in refrigerated space.

Insurance.

28. A licensee shall, if so required by the Board, insure, or cause to be insured, all apples and pears intended for export.

Particulars of apples and pears for export.

29. A person who expects to export apples or pears to the United Kingdom or the continent of Europe during any year shall furnish to the Secretary or to an authorized person, on or before a date fixed in that behalf by the Board by notice in the Gazette, a statement setting out the quantity of apples and pears which he so expects to export, together with such other information relating thereto as the Secretary or authorized person requires.

Application for permit.

30. A person who desires to obtain a permit to export any apples or pears during any year shall make application therefor in accordance with Form C to the Secretary or an authorized person—

(a) in the case of apples or pears intended to be exported to the United Kingdom or the continent of Europe, at least seven days before the date of the first shipment by him of apples or pears in that year, and shall satisfy the Board that shipping space has been allotted in respect of the apples and pears; or

(b) in the case of apples or pears intended to be exported to any other destination, before the exportation of the apples or pears, and shall furnish to the Secretary or authorized person, such information in relation to the proposed shipment as the Secretary or authorized person requires.

Forms of permit.

31. A permit shall be in accordance with Form D.

Notices.

32. Any notice or other document to be given or sent to a licensee by the Board, the Secretary, or an authorized person, may be sent by post to the licensee at his address specified in his licence.

Making false or misleading statements an offence.

33. A person shall not make any false or misleading statement in any application or return under these Regulations.

Penalty: Fifty pounds.

Evidence.

34. In any prosecution for an offence against these Regulations, the averments of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

Appointment of authorized person to be notified in the Gazette.

35. The appointment by the Board of an authorized person shall be notified in the Gazette.”.

Schedule.

5. The Schedule to the Apple and Pear Organization Regulations is amended by omitting the words “THE SCHEDULE” and inserting in their stead the words—

“THE SCHEDULES.

FIRST SCHEDULE.”.

Second Schedule.

6. After the Schedule to the Apple and Pear Organization Regulations the following Schedule is added:—

“SECOND SCHEDULE.

form A. Regulation 22.

Commonwealth of Australia.

Apple and Pear Organization Regulations.

APPLICATION FOR LICENCE TO EXPORT APPLES AND PEARS.

To—

The Secretary,

Australian Apple and Pear Board,

528 Collins-street,

Melbourne, C1.

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

(Here insert full name of applicant)

hereby applies for a licence to export apples and pears.

Dated this day of , 19 .

Signature(s) of Applicant(s).

Form B. Regulation 23.

Commonwealth of Australia.

Licence No. .

Apple and Pear Organization Act 1938.

LICENCE TO EXPORT APPLES AND PEARS.

In pursuance of section 14 of the Apple and Pear Organization Act 1938, I, , the Minister of State for Commerce, (or a person authorized in writing by the Minister of State for Commerce to issue licences under that section) acting on the recommendation of the Australian Apple and Pear Board, hereby issue to               a licence to export apples and pears

from the Commonwealth during the period commencing on  , 19 , and ending on               , 19              , in accordance with the conditions and restrictions prescribed by the Regulations for the time being in force under that Act, and subject to a permit being obtained under that Act for the exportation of the apples and pears.

Dated this  day of  , 19 .

(Signature and description of person issuing licence.)

Form C. Regulation 30.

Commonwealth of Australia.

Apple and Pear Organization Regulations.

APPLICATION FOR PERMIT TO EXPORT APPLES AND PEARS.

Note.—Any person who makes any false or misleading statement in this application is guilty of an offence.

To the Secretary,

Australian Apple and Pear Board.

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

(Here insert full name of applicant)

of , being the holder(s) of Licence No. , issued for the

period from  19  to  19 to export apples and pears, hereby applies for a permit to export apples

and/or pears from the port of  on my/our/its own behalf and on behalf of licensed exporters in accordance with the particulars specified hereunder:—

Dated this  day of  , 19 .

(Signature of Applicant.)

Form D. Regulation 31.

Commonwealth of Australia.

Apple and Pear Organization Regulations.

PERMIT TO EXPORT APPLES AND PEARS.

Permission is hereby granted to  

of  (who is the holder of Licence No. , dated ,19 )

by the Australian Apple and Pear Board to export from the port of on his own behalf and on behalf of licensed exporters the apples and pears described hereunder:—

Dated this  day of  , 19 .

(Secretary, Australian Apple and Pear Board (or) Authorized Person.)”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.