Egg Export Control (Licences) Regulations (Amendment)

Legislation au C2004L04483 Regulations Not in force Legislative Instrument

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Statutory Rules

1979 No. 18

REGULATIONS UNDER THE EGG EXPORT CONTROL ACT 19471

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 Egg Export Control Act 1947.

Dated this ninth day of February 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

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AMENDMENTS OF THE EGG EXPORT CONTROL (LICENCES) REGULATIONS2

Certificate of authority to export

1. Regulation 8 of the Egg Export Control (Licences) Regulations is amended by omitting from sub-regulation (1) “in accordance with Form C” and substituting “referred to in paragraph 7 (1) (f)”.

Schedule

2. The Schedule to the Egg Export Control (Licences) Regulations is repealed and the following Schedule substituted:

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SCHEDULE

  FORM A   Regulation 6

No.

COMMONWEALTH OF AUSTRALIA

Egg Export Control (Licences) Regulations

LICENCE TO EXPORT EGGS

In pursuance of regulation 5 of the Egg Export Control (Licences) Regulations,

I,

(*) the Minister of State for Primary Industry,

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

hereby grant to

of

a licence to export eggs from the Commonwealth, subject to those Regulations, during the period commencing on              19

and ending on 19 .

Dated this day of 19 .

 (*) Minister of State for Primary Industry

* Strike out whichever is inapplicable. (*) An authorized person

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FORM B Sub-regulation 8 (1)

COMMONWEALTH OF AUSTRALIA

Egg Export Control (Licences) Regulations

APPLICATION FOR AUTHORITY TO EXPORT EGGS

To–

The Secretary to the

Australian Egg Board.

I/We of

hereby apply for a Certificate of Authority to export the following eggs:

Description

Quantity

 

Price (including charge under Egg Export Charges Act)

Commission (percentage or amount)

Whether f.o.b., c.i.f. or on consignment

Eggs in shell—

 

 

 

 

 

45g pack.......

c/s ea.

doz.

per doz.

 

 

50g pack.......

c/s ea.

doz.

per doz.

 

 

55g pack.......

c/s ea.

doz.

per doz.

 

 

60g pack.......

c/s ea.

doz.

per doz.

 

 

Liquid whole egg...

tins ea.

kg

per kg

 

 

Other egg products

 

 

 

 

 

The following additional particulars are furnished in respect of this application:

Name of vessel

Approximate date of sailing

Port of discharge

Name and address of consignee or purchaser

Any further circumstances connected with this application

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)

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SCHEDULE—continued

FORM C Paragraph 7 (1) (f)

No.

COMMONWEALTH OF AUSTRALIA

Egg Export Control (Licences) Regulations

CERTIFICATE OF AUTHORITY TO EXPORT EGGS

This is to certify that approval is granted by the Australian Egg Board to

 , being the holder of a licence issued tinder the Egg

Export Control (Licences) Regulations, to export the following eggs in accordance with particulars furnished in the Licensee’s Application for Authority to Export Eggs dated the                            19              , and the particulars set out at the foot of this certificate:

Description

 

Quantity

 

Eggs in shell—

 

 

 

45g pack.................

c/sea.

 

doz.

50g pack.................

c/sea.

 

doz.

55gpack.................

c/sea.

 

doz.

60g pack.................

c/sea.

 

doz.

Liquid whole egg............

tin sea.

 

kg

Other egg products...........

 

 

Particulars

Port of shipment—

Name of vessel—

Port of discharge—

To whom shipped—

Dated this    day of  19 .

Secretary to the

Australian Egg Board

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SCHEDULE—continued

FORM D Sub-regulation 10 (1)

COMMONWEALTH OF AUSTRALIA

Egg Export Control (Licences) Regulations

RETURN OF EGGS IN SHELL EXPORTED

The Secretary to the

Australian Egg Board.

Shipment on the “ ” from the port of .

Date shipped

I, of ,

the holder of licence No. granted for the period commencing on 19 and ending on              19              to export eggs, hereby furnish the following particulars with respect to eggs in shell exported pursuant to the licence:

(a) The following eggs in shell have been shipped on the abovenamed vessel pursuant to the licence:

Name and address of owner

Name and address of packer

Number of cases each containing 30 doz. eggs shipped

Name of person to whom shipped

Port and country to which shipped

45g 50g 55g 60g Total

 

*(b) The price at which the eggs were sold is per dozent†

(c) Particulars of withdrawals from cold store for shipment are as follows:

Date

Name of cold store

Name of cold store

Name of cold store

Name of cold store

Total number of cases

Number of cases

Certificate numbers

Number of cases

Certificate numbers

Number of cases

Certificate numbers

Number of cases

Certificate numbers

 

I declare that the particulars shown in this return are true and correct in every detail.

Dated this   day of  19 .

(Signature of licensee)

* If the eggs were shipped on behalf of the Australian Egg Board, this information is not required.

† Indicate whether f.o.b., c.i.f., ex store or into store.

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SCHEDULE—continued

FORM E Sub-regulation 10 (1)

COMMONWEALTH OF AUSTRALIA

Egg Export Control (Licences) Regulations

RETURN OF LIQUID WHOLE EGG, LIQUID EGG WHITE OR LIQUID EGG YOLK EXPORTED

The Secretary to the

Australian Egg Board.

Shipment on the “ ” from the port of .

Date shipped

I,     of   , the holder of licence No. granted for the period commencing on              19              and ending on              19               to export eggs, hereby furnish the following particulars with respect to liquid whole egg, liquid egg white or liquid egg yolk exported pursuant to the licence:

(a) The following *   has been shipped on the abovenamed vessel pursuant to the licence:

Name and address of owner

Name and address of manufacturer

Quantity shipped

Name of person to whom shipped

Port and country to which shipped

No. of tins, ea. kg

No. of tins, ea. kg

 

(b) All tins shipped were/were not† packed in cartons. ;

‡(c) The price at which the *   was sold is per kg§

(d) Particulars of withdrawals from cold store for shipment are as follows:

Date

Name of cold store

Name of cold store

Name of cold store

Name of cold store

Total number of tins

Number Certificate of tins numbers

Number Certificate of tins numbers

Number Certificate of tins numbers

Number Certificate of tins numbers

 

I declare that the particulars shown in this return are true and correct in every detail.

Dated this   day of   19 .

(Signature of licensee)

* Here insert “liquid whole egg”, “liquid egg white” or “liquid egg yolk”.

† Strike out whichever is inapplicable.

‡ If the egg products were shipped on behalf of the Australian Egg Board, this information is not required.

§ Indicate whether f.o.b., c.i.f., ex store or into store.

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SCHEDULE—continued

FORM F Sub-regulation 10 (1)

COMMONWEALTH OF AUSTRALIA

Egg Export Control (Licences) Regulations

RETURN OF DRIED EGG PRODUCTS EXPORTED

The Secretary to the

Australian Egg Board.

Shipment on the “    ” from the port of  .

Date shipped

I,      of   , the holder of licence No.              granted for the period commencing on              19              and ending on              19              to export eggs, hereby furnish the following return with respect to egg products exported pursuant to the licence:

(a) The following *   has been shipped on the abovenamed vessel pursuant to the licence:

Name and address of owner

Name and address of manufacturer

Quantity shipped

Name of person to whom shipped

Port and country to which shipped

No. of

 kg

containers

No. of

 kg

containers

 

†(b) The price at which the egg product was sold is  per kg‡  .

(c) Particulars of withdrawals from cold store for shipment are as follows:

Date

Name of cold store

Name of cold store

Name of cold store

Name of cold store

Total number of containers

Number of containers

Certificate numbers

Number of containers

Certificate numbers

Number of containers

Certificate numbers

Number of containers

Certificate numbers

 

I declare that the particulars shown in this return are true and correct in every detail.

Dated this     day of   19 .

(Signature of licensee)

* Here insert “dried whole egg”, “sugared dried egg” or “dried egg white”.

† If the egg product was shipped on behalf of the Australian Egg Board, this information is not required.

‡ Indicate whether f.o.b., c.i.f., ex store or into store.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 February 1979.

2. Statutory Rules 1954 No. 72 as amended by Statutory Rules 1967 No. 51.

Overview

The Statutory Rules 1979 No. 18, made under the Egg Export Control Act 1947, were introduced to regulate and control the export of eggs from Australia. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations were designed to ensure that egg exports are managed in a manner that protects the domestic egg market and maintains quality standards for exported products. The policy objective is to provide a structured framework for the issuance of export licenses and the certification process, ensuring that exports comply with set standards and are conducted by authorised individuals or entities. These regulations were aimed at addressing the need for stringent oversight and control over egg exports to prevent market disruption and maintain consumer confidence in both domestic and international markets.

Scope and Application

The Egg Export Control (Licences) Regulations 1979, made under the Egg Export Control Act 1947, govern the licensing process for the export of eggs from Australia. These regulations apply to entities and individuals who seek to export eggs, whether in shell, as liquid whole egg, or as dried egg products. They define the process for applying for and obtaining a licence to export eggs, including the submission of detailed applications and the requisite certificates of authority. The regulations are of a Commonwealth nature, meaning they apply across Australia and are enforced by the Australian Egg Board. The scope of these regulations is limited to the export of eggs, with no stated exclusions or exemptions, ensuring that all entities engaged in the export of eggs must comply with the specified licensing and reporting requirements. The application and enforcement of these regulations may be extended or modified through subordinate instruments, thereby allowing for adjustments to the administrative and operational aspects of egg exports as needed.

Key Provisions

The Egg Export Control (Licences) Regulations (1979) set forth the requirements for the export of eggs from Australia. Under regulation 8, a Certificate of Authority to export eggs must now be referred to in paragraph 7(1)(f), which replaces the previous requirement of Form C. The regulations also establish new forms for the application and certification of egg export authority (Forms A, B, and C) and require detailed returns on the export of eggs in shell, liquid egg products, and dried egg products (Forms D, E, and F). These Regulations impose specific obligations on parties seeking to export eggs. An applicant for a licence must submit a detailed application to the Secretary of the Australian Egg Board, providing information such as the description and quantity of eggs, the price including charges, and details of the shipment. The Minister of State for Primary Industry or an authorised person must then grant a licence based on the provided application and approval from the Australian Egg Board. Once a licence is granted, the holder must submit detailed returns for each shipment of eggs, including the type and quantity of eggs exported, the price, and the destination. These returns are to be made on the prescribed forms (Forms D, E, and F). Breaches of these Regulations may result in various penalties. While the specific penalties are not detailed within the text of these Regulations, it is reasonable to infer that they align with the penalties prescribed under the overarching Egg Export Control Act 1947. Typically, this Act includes provisions for both civil and criminal penalties for non-compliance, which could include fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law interpreting the Act and Regulations.

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Commercial Law
Instrument
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Definitions & Interpretation
Licensing & Registration
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