Dried Fruits Export Control (Licences) Regulations

Statutory Rules

1978 No. 284

REGULATIONS UNDER THE AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Dried Fruits Corporation Act 1978.

Dated this twenty-second day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

DRIED FRUITS EXPORT CONTROL (LICENCES) REGULATIONS

Citation

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

Repeal

2. The Dried Fruits Export Control (Licences) Regulations (being Statutory Rules 1954 No. 53, Statutory Rules 1960 No. 83 and Statutory Rules 1963 No. 39) are repealed.

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 Corporation;

“ authorized price ”, in relation to a sale of dried fruits, means the minimum price for that sale calculated in accordance with the determination under regulation 9 of these Regulations that is applicable to the sale, or, where that price

 * Notified in the Commonwealth of Australia Gazette on 29 December 1978.

is expressed in a currency other than that in which the sale is made, the equivalent price in the currency in which the sale is made according to the rate of exchange applicable at the time of the sale;

“ export ” means export from the Commonwealth;

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

“ licensee ” means the holder of a licence;

“ overseas ” means in a place outside the Commonwealth;

“ the Act ” means the Australian Dried Fruits Corporation Act 1978.

(2) In these Regulations, a reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Regulation of export

4. The export of dried fruits is prohibited—

(a) except by licensees; and

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

Issue of licences

5. (1) The Minister or a person authorized in writing by the Minister to grant licences under these Regulations may, in his discretion, grant or refuse to grant a licence to export dried fruits.

(2) A licence granted in pursuance of the last preceding sub-regulation shall, subject to this regulation, be in force for the period specified in the licence.

(3) Where the Minister is satisfied, on a report by the Corporation, that a person to whom a licence has been granted has failed to comply with a provision of these Regulations or with an undertaking given for the purposes of these Regulations, the Minister may cancel the licence or suspend the licence for such period as he thinks fit.

Form of licence

6. A licence to export dried fruits shall be in accordance with Form A.

Conditions and restrictions

7. (1) A licensee shall not export dried fruits unless—

(a) any purchaser, agent or representative to or through whom the dried fruits are shipped is approved by the Corporation for the purposes of these Regulations;

(b) the dried fruits are insured with a person approved by the Corporation;

(c) the dried fruits have been sold before export, or are consigned, upon terms and conditions approved by the Corporation;

(d) the export of the dried fruits is in accordance with any directions of the Corporation with respect to the quantities of each kind and grade of dried fruits which may be exported by the licensee either generally or to particular places;

(e) he has, if so required by the Corporation or an authorized person, given an undertaking to the satisfaction of the Corporation that he will not, without the consent of the Corporation—

(i) sell any of the dried fruits overseas at a price less than the authorized price;

(ii) enter into a contract or agreement or a variation of a contract or agreement whereby a person is enabled, authorized, or permitted to sell any of the dried fruits overseas at a price less than the authorized price;

(iii) give an authority, licence, consent or approval to a person to sell any of the dried fruits overseas at a price less than the authorized price;

(iv) facilitate, counsel, procure or encourage the sale overseas of any of the dried fruits at a price less than the authorized price;

(v) give or allow, or promise or agree to give or allow, in relation to the sale of any of the dried fruits any brokerage, rebate, discount, commission, allowance, option or benefit, whether in money, money's worth, credit, goods or otherwise, that is not provided for in the terms and conditions upon which the dried fruits have been sold before export, or are consigned; or

(vi) fail or omit to take all reasonable and proper steps to ensure that any agent, representative or consignee of the licensee does not sell any of the dried fruits overseas at a price less than the authorized price; and

(f) the licensee has obtained from the Corporation or an authorized person a certificate in accordance with Form C (which certificate has not been revoked) certifying that the export is authorized by the Corporation, and the export is in accordance with the particulars shown in the certificate.

(2) A licensee shall not export dried fruits on consignment unless he has given an undertaking to the satisfaction of the Corporation that—

(a) the sale or other disposal of the dried fruits will not be completed until the terms of sale or other disposal are approved by the Corporation or an authorized person;

(b) the licensee will comply, or cause the consignee to comply, with any order of the Corporation in respect of the treatment of the dried fruits by fumigation, re-cleaning or otherwise; and

(c) the dried fruits will, while they are under the control of the consignee, be stored in such places as the Corporation approves.

Certificate of authority to export

8. (1) An application by a licensee for a certificate in accordance with Form C in relation to any dried fruits proposed to be exported shall be in accordance with Form B and shall be lodged, in duplicate, with the Corporation or an authorized person not less than fourteen days before the date of export.

(2) Where an application is made in accordance with the last preceding sub-regulation, the Corporation or an authorized person may—

(a) if he is satisfied that the proposed export will, if the certificate is granted, be in conformity with these Regulations and with any directions or determinations of the Corporation—grant the certificate; or

(b) if he is not so satisfied—refuse to grant the certificate.

(3) A certificate granted under this regulation may be revoked by the Corporation or an authorized person by notice in writing to the licensee at any time before the export of the dried fruits to which it relates.

Determination of minimum prices

9. (1) For the purposes of these Regulations, the Corporation or an authorized person may, from time to time, determine, or determine the manner of calculation of, minimum prices for the sale of dried fruits to be exported or for the sale overseas of exported dried fruits.

(2) A determination under this regulation may make provision with respect to—

(a) different varieties of dried fruits; and

(b) different grades of varieties of dried fruits, exported or to be exported to different countries.

Information to be furnished, &c.

10. (1) A licensee shall, upon demand in writing by the Corporation or an authorized person—

(a) furnish to the Corporation or to the authorized person, as the case may be, such information as is required in relation to the sale, disposal or export, or the intended sale, disposal or export, by the licensee of dried fruits or in relation to dried fruits at any time owned by, or in the custody, possession or control of, the licensee; and

(b) produce to the Corporation 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 dried fruits, or relating to dried fruits which have been exported and were at any time owned by, or in the custody, possession or control of, the licensee.

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

Penalty: $200.

Notices

11. 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

12. A person shall not, for the purposes of these Regulations, make a statement or furnish information which is false or misleading.

Penalty: $200.

Licences and certificates issued under Dried Fruits Export Control Act 1924

13. (1) A licence to export dried fruits in force under the Dried Fruits Export Control Act 1924 immediately before 1 January 1979 shall, for the purposes of these Regulations, be deemed to be a licence granted by the Minister under these Regulations and shall have effect, subject to these Regulations, according to its tenor.

(2) A certificate in force under the Dried Fruits Export Control Act 1924 immediately before 1 January 1979 certifying that a particular export of dried fruits was authorized by the Australian Dried Fruits Control Board shall be deemed to be a certificate granted by the Corporation under these Regulations certifying that that export is authorized by the Corporation and shall have effect, subject to these Regulations, according to its tenor.

THE SCHEDULE  Reg. 6

No .

FORM A

COMMONWEALTH OF AUSTRALIA

Dried Fruits Export Control (Licences) Regulations

LICENCE TO EXPORT DRIED FRUITS

(a) Strike out whichever is inapplicable

In pursuance of regulation 5 of the Dried Fruits Export Control (Licences) Regulations, I

(a) the Minister of State for

(a) a person authorized by the Minister of State for to grant licences under those Regulations,

hereby grant to

of

a licence to export dried fruits from the Commonwealth, subject to those Regulations, during the period commencing on               , 19               and ending on                            , 19              

Dated the  day of  , 19   .

(a) Minister of State for

(a) An authorized person.

FORM B  Reg. 8

COMMONWEALTH OF AUSTRALIA

Dried Fruits Export Control (Licences) Regulations

APPLICATION FOR AUTHORITY TO EXPORT DRIED FRUITS

To—

The Australian Dried Fruits Corporation

I

We

of

being the holder(s) of Licence No.

to export dried fruits, granted for the period commencing on  ,

19 and ending on  ,19 , hereby apply for a certificate of authority to export the following dried fruits:

The vessel in which it is proposed to ship the dried fruits is leaving  on or about              19    .

The port to which the dried fruits will be shipped is

The fruits are to be shipped (a)

(a) State whether “on consignment” or “in pursuance of a sale actually made to an overseas purchaser, namely to” (as the case may be)

to (b)

(b) State full name and address of consignee or purchaser

THE SCHEDULE—continued

The full name and address of the packer of the dried fruits is

The owner of the dried fruits at the time of shipment from Australia is

The price paid to the packer of the dried fruits is as follows:

Gross price

Deductions by way of—

Discount

Commission

Brokerage

Rebate

Any other allowances

Net price

(c) Strike out if the fruits are to be shipped on consignment

(c) The price at which the fruits have been sold to the overseas purchaser is as follows:

Gross price c.i.f. or f.o.b.

Deductions by way of—

Discount

Commission

Brokerage

Rebate

Any other allowances

Net price c.i.f. or f.o.b.

(d) The f.o.b. price Australian port of shipment which is the equivalent of the gross price specified in the last preceding paragraph is

I

We

declare that the information given in this application is true and correct in every particular.

Dated this  day of  ,  19     .

(Signature of licensee)

Regs. 7, 8

FORM C  No.

COMMONWEALTH OF AUSTRALIA

Dried Fruits Export Control (Licences) Regulations

CERTIFICATE OF AUTHORITY TO EXPORT DRIED FRUITS

This is to certify that

of

to whom Licence No.  dated  , 19    ,

has been granted to export dried fruits is authorized by the Australian Dried Fruits Corporation to export from the Commonwealth the following dried fruits:

The dried fruits are to be shipped from

to  by

leaving   on or about

195 .

Dated this  day of  ,  , 19 .

(signature of person granting certificate)