Exports (Grain) Regulations

STATUTORY RULES.

1963. No. 10.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1960.*

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 Customs Act 1901-1960.

Dated this  thirteenth

day of  February,  1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(sgd.)C.F.ADERMANN

Minister of State for Primary Industry for and on behalf of the Minister of State for Customs and Excise.

EXPORTS (GRAIN) REGULATIONS.

Citation.

1. These Regulations may be cited as the Exports (Grain) Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of March, 1963.

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“grain” means wheat;

“officer” includes an officer of the Department of Primary Industry, an employee of that Department, and an officer of a State engaged in the performance or execution for the Government of the Commonwealth of any work connected with the inspection or examination of grain intended for export or of ships into which grain is loaded for export;

“the Secretary” means the person for the time being holding, or performing the duties of, the office of Secretary to the Department of Primary Industry.

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

Compliance with forms.

4. Strict compliance with the Forms contained in the Schedule is not necessary, and substantial compliance is sufficient.

Delegation.

5.—(1.) The Secretary may, either generally or in relation to a matter or class of matters and either in relation to the whole of the Commonwealth or to a State or part of the Commonwealth, by writing under his hand, delegate any of his powers or functions under these Regulations (except this power of delegation).

* Notified in the Commonwealth Gazette on 14th February, 1963.

9557/62.—Price 5d. 20/21.1.1963.

(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this Regulation is revocable at will and does not prevent the exercise of a power or performance of a function by the Secretary.

Exemptions.

6. Where the Secretary is satisfied that grain is being exported for experimental purposes or in exceptional circumstances, the Secretary may specify in an instrument under his hand the provisions of these Regulations that he is satisfied need not apply to or in relation to the exportation of that grain and, upon the issue of the instrument, those provisions do not apply to or in relation to the exportation of that grain.

Circumstances in which the export of grain is prohibited.

7. The exportation from Australia of grain in a ship is prohibited—

(a) unless the grain has been loaded in the presence of an officer and the officer is satisfied that the grain is free from insect pests and not otherwise in a condition that renders it unfit for export;

(b) unless a permit authorizing the loading of the grain into the ship has been granted under regulation 11 of these Regulations;

(c) unless, in a case where cargo other than grain is loaded into the same cargo space as the grain, the master complies with any directions made by an officer under regulation 13 of these Regulations;

(d) unless, in the case of grain in bags or other containers, the bags or other containers are sound and free from insect infestation and extraneous matter; and

(e) if, after the grain has been loaded into the cargo space, other cargo that is likely to infest the grain with insect pests or contaminate the grain is loaded into the cargo space.

Notice of intention to have grain loaded for export.

8.—(1.) For the purpose of obtaining the presence of an officer while grain is loaded into a ship, an exporter shall give notice in accordance with Form 1.

(2.) The notice shall, unless an officer otherwise approves, be given to an officer at least three clear working days before the day on which it is proposed that the loading of the grain be commenced.

Inspection by an officer and cleaning, &c., of grain and grain holder.

9.—(1.) In this regulation, “grain holder” means a gallery, conveyor, rail truck, motor vehicle or other appliance used or to be used in the movement, into or at a port, of grain intended for export.

(2.) For the purposes of these Regulations, an officer—

(a) may enter—

(i) a place at which grain intended for export is stored; and

(ii) a grain holder; and

(b) may examine the place or the grain holder and any grain in the place or in or upon the grain holder.

(3.) Where, in the course of examination under the last preceding sub-section, the officer finds that—

(a) the place in which the grain is stored, the grain holder or the grain in or upon the grain holder is infested by insect pests; or

(b) the grain is otherwise in a condition that renders it, in the opinion of the officer, unsuitable for export,

the officer may direct the person under whose control the place, grain holder or grain is to clean, fumigate or treat the place, the grain holder and the grain to the extent necessary to eradicate the infestation or otherwise remove the condition that renders the grain unsuitable for export.

Master not to load without permit.

10. The loading into a ship of grain intended for export shall not be commenced unless the master has, upon an application in accordance with Form 2 being made by the owner, agent or master of the ship, been granted a permit in accordance with Form 3 to load the grain into the ship.

Officer to inspect ship before issuing permit.

11. An officer shall not issue a permit in accordance with Form 3—

(a) until he has examined the cargo spaces in respect of which the application for the permit was lodged and other parts of the ship, excluding the crew’s quarters, from or through which infestation by insect pests or contamination of grain that is loaded into the cargo space, is likely to occur; and

(b) unless he is satisfied that those cargo spaces and other parts of the ship will not infest with insect pests grain that is loaded into the cargo spaces or contaminate it.

Officer may direct that ship be cleaned.

12. Where, as a result of an examination of a ship made in accordance with the last preceding regulation, an officer is of opinion that grain loaded into the cargo spaces will be infested by insect pests or contaminated, he may direct the master to clean, fumigate or treat the cargo spaces or other parts of the ship, excluding the crew’s quarters, from or through which he considers the infestation or contamination will occur, to the extent necessary to eradicate the infestation and remove the conditions likely to cause the contamination.

Officer may give directions as to other cargoes loaded with grain.

13. If, at any time after the loading of grain into a cargo space of a ship, cargo other than grain that, in the opinion of an officer, is likely to infest the grain with insects or contaminate the grain, is loaded into the cargo space, the officer may direct the master to clean, fumigate or treat the cargo including the grain, the cargo and other parts of the ship, excluding the crew’s quarters, to the extent necessary to ensure that the grain is not and will not be infested by insect pests from, or contaminated by, the other cargo.

Certificate of export.

14. An officer who is satisfied, with respect to grain that has been loaded for export that the grain is free from insect pests and injurious diseases, shall, at the request of the exporter, issue to the exporter a certificate certifying accordingly.

Fees for officers’ services.

15.—(1.) Whenever, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations before or after the official hours or on a Sunday or holiday that person shall be charged for those services a fee of Seventeen shillings and sixpence per hour or part of an hour.

(2.) The time in respect of which the fee shall be charged shall include the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.

THE SCHEDULE.

Form 1.

Regulation 8.

Commonwealth of Australia.

Exports (Grain) Regulations.

NOTICES OF INTENTION TO HAVE GRAIN LOADED FOR EXPORT.

.................19...

To the Officer-in-Charge,

Department of Primary Industry,

Port of...............................

.............................................intends to have grain loaded at this port for export. The particulars of the intended loading are as follows:—

1. Name of ship.

2. Loading berth.

4. Destination of grain.

5. Type of grain.

6. Season of production.

8. The grain is stored in the port at

9. The grain has not been subjected to any treatment within the last preceding 28 days.

or

9. The grain was subjected to the following treatment within the last preceding 28 days:—

Signature of exporter.

Form 2.

Regulation 10.

Commonwealth of Australia.

Exports (Grain) Regulations.

APPLICATION FOR PERMISSION TO LOAD GRAIN.

.................19...

To the Officer-in-Charge,

Department of Primary Industry,

Port of...............................

Particulars of Proposed Loading of Grain.

owner

Signature of agent

master.

Form 3.

Regulations 10 and 11.

Commonwealth of Australia.

Exports (Grain) Regulations.

GRAIN LOADING PERMIT.

Permission to load grain in the above-mentioned ship in accordance with the particulars set out in the following table is hereby granted.

Signature of Officer.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.