Dried Fruits (Interstate Trade) Regulations (Amendment)

Legislation au C1934L00164 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 164.

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REGULATIONS UNDER THE DRIED FRUITS ACT 1928-1933.*

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 Act 1928-1933.

Dated this twenty-first day of December, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

THOS. C. BRENNAN

for the Minister of State for Commerce.

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Amendments of the Dried Fruits (Inter-State Trade) Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of January, 1935.

Interpretation.

2. In these Regulations, any reference to a regulation shall be read as reference to a regulation contained in the Dried Fruits (Interstate) Trade Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Schedule to those Regulations.

Prescribed authorities.

3. Regulation 4 is amended by omitting the words “the Collector of Customs for the State of Queensland” and inserting in their stead the words “the Chief Veterinary Officer of the Department of Commerce in the State of Queensland”.

Owner’s License.

4. Regulation. 6 is amended—

(a) by omitting, sub-paragraph (ii) of paragraph (b) and inserting in its stead the following sub-paragraph:—

“(ii) That the licensee shall, export from Australia, or cause to be exported on his behalf, during the period for which his licence has been issued and during such further period as a prescribed authority considers necessary, such percentage

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* Notified in the Commonwealth Gazette on 21st December, 1934.

† Statutory Rules 1934, No.40.

5891.—Price 3d.


of the dried fruits produced in Australia during any specified periods which came into the possession or custody of the licensee prior to the date of issue of his license, or which come into the possession or custody of the licensee on and after the date of issue of this-licence, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:

Provided that, in the calculation of the percentage of dried fruits to be exported by the licensee; there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried fruits which have been taken into account in applying the percentage in respect of any other licensee.”; and

(b) by inserting after sub-paragraph (v) of paragraph (b) the following paragraph:—

“(vi) That the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such, other terms and conditions, as are prescribed after his licence is issued, either in lieu of, or in addition to, the terms and conditions specified in his licence.”.

Carrier’s license

5. Regulation 8 is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) upon the following terms and conditions:—

(i) That the licensee shall not accept from any person delivery of any dried fruits for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence.

(ii) That, the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such other terms and conditions as are prescribed after his licence is issued, either in lieu of or in addition to, the terms and conditions specified in his licence”.

Form B.

6. Form B is amended—

(a) by omitting paragraph (ii) and inserting in its stead the following paragraph:—

“(ii) That the licensee shall expert from Australia, or cause to be exported on his behalf, during the period for which his licence has been issued and during such further period as a prescribed authority considers necessary, such percentage of the dried fruits produced in Australia during any specified periods which came into the possession or custody of the


licensee prior to the date of issue of his licence, or which come into the possession or custody of the licensee on and after the date of issue of this licence, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:

Provided that, in the calculation of the percentage of dried fruits to be exported by the licensee, there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried fruits which have been taken into account in applying the percentage in respect of any other licensee.”; and

(b) by inserting after paragraph (v) the following paragraph:—

“(vi) that the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with such other terms and conditions as are prescribed after his licence is issued, either in lieu of, or in addition to, the terms and conditions specified in his licence.”.

Form E

7. Form E is repealed and the following Form inserted in its stead:—

“Form E Regulation 8.

Licence No....

Commonwealth of Australia.

Dried Fruits Act 1928-1933.

Dried Fruits (Inter-State Trade) Regulations.

CARRIER’S LICENCE TO CARRY DRIED FRUITS INTERSTATE.

In pursuance of the Dried Fruits Act 1928-1933, and the Dried Fruits (Inter-State Trade) Regulations, the Dried Fruits Board of the State of...........................................a Prescribed Authority under the Dried Fruits Act 1928-1933, hereby grants to.............,...........of.........................a Carrier’s Licence for the period commencing on...................19...., and ending on 31st December,19.....permitting him to carry the following dried fruits:—

……………………………………………………………………………………………………..

……………………………………………………………………………………………………..

……………………………………………………………………………………………………..

from the State of..............to a place in Australia beyond that State upon the following terms and conditions:—

(i) That the licensee shall not accept from any person delivery of any dried fruits for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence.

(ii).That the licensee shall, after seven days’ notice in writing by a prescribed authority, comply with, such other terms and conditions as are prescribed after his licence is issued, either in lieu of, or in addition to, the terms and, conditions specified in his licence.

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


N.B.— sub-section(5.) of section 3 of the Dried Fruits Act 1928-1933 is as follows:—

(5) Where the Minister on report by a prescribed authority is satisfied that any person to whom a licence has been issued under this section has contravened or failed to comply with any term or condition of the licence the Minister may cancel the licence and the licence shall thereupon cease to be of any force or effect.”.

Regulation 19 (1.) of the Dried Fruits (Interstate Trade) Regulations reads as follows:—

19.—(1) Any person, who fails to comply with, or contravenes, any of these Regulations and any licensee who fails to comply with, or contravenes any terms or condition of a licence shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.”.

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

Overview

The Dried Fruits Act 1928-1933 was enacted to regulate the interstate trade of dried fruits within Australia, addressing issues related to the quality, safety, and export of dried fruits across state borders. This Act was established by the Commonwealth Parliament and aims to ensure that the trade of dried fruits is conducted in a manner that protects public health and maintains the quality of the produce. The legislation provides for the issuance of licenses to owners and carriers of dried fruits, with specific conditions to be met to ensure compliance with the Act. The 1934 Regulations under the Act amend the Dried Fruits (Interstate Trade) Regulations, introducing changes to the licensing requirements for owners and carriers, and updating the forms and terms associated with these licenses. These changes were made to enhance the regulatory framework and address any gaps in the original legislation, ensuring that the interstate trade of dried fruits is managed effectively.

Scope and Application

The Dried Fruits (Inter-State Trade) Regulations, made under the authority of the Dried Fruits Act 1928-1933, govern the licensing and export of dried fruits between states in Australia. These regulations apply to individuals and entities involved in the production and carriage of dried fruits across state lines. Specifically, they pertain to the licensing of owners and carriers of dried fruits, requiring them to adhere to certain conditions and obligations. These include the export of a specified percentage of dried fruits produced in Australia and compliance with additional terms and conditions prescribed by a relevant authority after the issuance of the licence. The regulations also outline penalties for non-compliance, including fines of fifty pounds or imprisonment for six months. The geographic scope of these regulations is national, as they concern inter-state trade, impacting multiple states within Australia. Subordinate instruments may further extend or restrict the application of these regulations, as specified within the act and its subsequent amendments.

Key Provisions

The Dried Fruits (Inter-State Trade) Regulations, made under the Dried Fruits Act 1928-1933, primarily concern the licensing and regulation of the export of dried fruits from Australia, as well as the transportation of these goods interstate. These Regulations come into effect on 1 January 1935 (Section 1). They include definitions that clarify terms used within the Regulations, such as references to specific regulations and forms outlined in the Dried Fruits (Interstate) Trade Regulations (Section 2). One of the key changes in these Regulations is the amendment of Regulation 4, which alters the requirements for an owner’s licence. Specifically, the licensee must now export a certain percentage of the dried fruits they possess, as determined by the Minister based on the advice of a prescribed authority and published in the Gazette (Regulation 4(a)). Additionally, licensees must comply with any further terms and conditions prescribed by a prescribed authority after the initial issuance of the licence (Regulation 4(b)(vi)). The Regulations impose obligations on both licence holders and carriers. Licence holders must export a specified percentage of the dried fruits in their possession and comply with any additional terms and conditions set by a prescribed authority (Regulation 4(a) and (b)(vi)). Similarly, carriers are required to only accept dried fruits for transport from individuals holding an owner’s licence and must also adhere to any subsequent terms and conditions prescribed by a prescribed authority (Regulation 8(b)). These obligations ensure that the movement of dried fruits is tightly controlled and complies with the stipulations set forth by the relevant authorities. Failure to comply with these Regulations or the terms of a licence results in criminal liability. Any person who fails to comply with the Regulations or a licensee who fails to comply with the terms of their licence is guilty of an offence (Regulation 19(1)). The penalty for such an offence is a fine of fifty pounds or imprisonment for up to six months (Regulation 19(1)). Additionally, the Minister has the authority to cancel a licence if it is determined that the licence holder has contravened or failed to comply with any terms or conditions of the licence (subsection (5) of section 3 of the Dried Fruits Act 1928-1933). This stringent enforcement underscores the importance of adhering to the prescribed regulations and licence conditions to avoid legal repercussions.

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