Dried Fruits Export Control (Licences) Regulations

STATUTORY RULES.

1954. No. 53.

REGULATIONS UNDER THE DRIED FRUITS EXPORT CONTROL ACT 1924-1953.*

WHEREAS by section 13 of the Dried Fruits Export Control Act 1924-1953 it is enacted that the regulations may prohibit the export from the Commonwealth of dried fruits—

(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 Dried Fruits Control Board:

And whereas the Dried Fruits Control Board has recommended to the Minister that the conditions and restrictions applying to the export from the Commonwealth of dried fruits should be the conditions and restrictions set forth in the following Regulations:

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 Dried Fruits Export Control Act 1924-1953.

Dated this  sixth

day of  May , 1954.

W. J. Slim

Governor-General.

By His Excellency’s Command,

for and on behalf of

Minister of State for Commerce and Agriculture.

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 The Dried Fruits Export Control (Licences) Regulations (being Statutory Rules 1935, No. 30) are repealed.

Definitions.

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 Board;

* Notified in the Commonwealth Gazette on , 1954.

5735.—Price 5d. 9/10.3.1954.

“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 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 Dried Fruits Export Control Act 1924-1953;

“the London Agency” means the London Agency of the Board constituted under section 11 of the Act;

“the Secretary” means the Secretary to the Board, and includes a person for the time being acting as Secretary to the Board.

(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 Board, 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 Board for the purposes of these Regulations;

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

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

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

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

(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 Secretary 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 Board, and the export is in accordance with the particulars shown in the certificate.

(2.) A licensee shall not export dried fruits to the United Kingdom on consignment unless he has given an undertaking to the satisfaction of the Board 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 London Agency or by a person authorized by the London Agency to give such approvals;

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

(c) the dried fruits will, while they are in the United Kingdom and under the control of the consignee, be stored in such places as the Board or the London Agency approves.

(3.) A licensee shall not export dried fruits to a country other than the United Kingdom, otherwise than in pursuance of a sale made before the export takes place, unless he gives an undertaking to the satisfaction of the Board that every contract by which any of the dried fruits is sold

or disposed of by him or on his behalf will contain a provision that the person to whom the dried fruits are sold or disposed of will not tranship or re-export the dried fruits to the United Kingdom, and that the licensee will take all reasonable steps to enforce that provision.

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 Secretary 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 Secretary 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 Board— grant the certificate; or

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

(3.) A certificate granted under this section may be revoked by the Secretary 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 Board 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 different provision with respect to 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 Secretary or an authorized person—

(a) furnish to the Board 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 Board 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 Secretary 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: Fifty pounds.

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: Fifty pounds.

THE SCHEDULE.

Form A. Reg. 6.

No.

Commonwealth of Australia.

Dried Fruits Export Control (Licences) Regulations.

LICENCE TO EXPORT DRIED FRUITS.

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

(a) Strike out whichever is inapplicable.

(a) the Minister of State for Commerce and Agriculture,

(a) a person authorized by the Minister of State for Commerce and Agriculture 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 Commerce and Agriculture.

(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 Secretary,

Dried Fruits Control Board.

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

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

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

The fruits are to be shipped (a)

to (b)

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 deduction to be made by way of commission on the dried fruits shipped on consignment to the United Kingdom 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.

(c) 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.)

Form C. Regs. 7, 8.

No.

Commonwealth or 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 Dried Fruits Control Board 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 

(a) Strike out whichever is inapplicable.

(a) Secretary, Dried Fruits Control Board.

(a) An authorized person.

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