Fresh Fruits Overseas Marketing (Preparation of Rolls) Regulations

Legislation au C1927L00069 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1927. No. 69.

––––––

REGULATIONS UNDER THE FRESH FRUITS OVERSEAS MARKETING ACT 1927.

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 Fresh Fruits Overseas Marketing Act 1927, to come into operation forthwith.

Dated this 6th day of July 1927.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

Minister of State for Markets and Migration.

 

FRESH FRUITS OVERSEAS MARKETING (PREPARATION OF ROLLS) REGULATIONS.

Short title.

1. These Regulations may be cited at the Fresh Fruits Overseas Marketing (Preparation of Rolls) Regulations.

Definitions.

2. In these Regulations unless the contrary intention appears—

“the Act” means the Fresh Fruits Overseas Marketing Act 1927;

“the Minister” means the Minister for Markets and Migration;

“the Secretary” means the Secretary to the Department of Markets and Migration;

“the poll” means the poll of growers under section two of the Act and includes any poll under section three of the Act;

“the election” means the election of members of the Board in pursuance of sub-section (2) of section five of the Act.

List of voters to be prepared.

3. (1) Pursuant to claims made under these Regulations, the Secretary shall prepare a roll for each State of growers entitled to vote at the poll and the election.

(2) The rolls shall be certified by the Secretary by writing under his hand to be correct and shall be the rolls of growers to be used for the purposes of the poll and the election.

(3) The rolls shall be conclusive evidence of the rights of the growers named therein to vote at the poll and the election.

Claims for enrolment.

4. (1) A grower shall only be entitled to vote at the poll and the election if his name is placed on the roll pursuant to a claim for enrolment made by him in accordance with the Form in the Schedule to these Regulations.

C.9341.—Price 3d.


(2) Claims for enrolment shall be made on or before a date notified in the Gazette by the Minister, and any claims received after that date shall not be accepted for enrolment.

Witnessing of claims for enrolment.

5. A claim for enrolment shall be witnessed by an elector, or a person qualified to be an elector, of the Commonwealth or of a State.

Witness to see grower sign claim.

6. The person witnessing a claim for enrolment shall not sign his name as witness unless he has seen the grower whose signature he purports to witness sign the claim for enrolment.

Offences.

7. Any person witnessing a claim for enrolment shall, before he affixes his signature thereto—

(a) satisfy himself as to the identity of the grower; and

(b) by inquiry from the grower or otherwise, satisfy himself that the statements contained in the claim are true and correct unless he knows that such statements are true and correct.

Penalties.

8. Any person who is convicted of an offence against these Regulations shall be liable to a penalty not exceeding Fifty pounds.

 

THE SCHEDULE.

Commonwealth of Australia.

Fresh Fruits Overseas Marketing Act 1927.

CLAIM FOR ENROLMENT UNDER THE FRESH FRUITS OVERSEAS MARKETING (PREPARATION OF ROLLS) REGULATION.

Note.—Any grower who occupies an orchard from which not less than one hundred bushel cases of apples and/or pears (on an average of forty pounds to the bushel) were exported from Australia during either of the years ended 30th June, 192    or 30th June, 192 , may claim to have his name enrolled under these Regulations for the purposes of—

(a) the poll as to whether the Act is to be brought into operation (or to continue in operation, as the case requires); and

(b) the election of a representative or representatives on the Fresh Fruits Overseas Marketing Board.

The closing date for lodgment of this claim with the Secretary, Department of Markets and Migration, Flinders-street, Melbourne, is the              192…, and any claims received after that date shall not be accepted for enrolment.

Surname of Grower (in block letters).................................

Full Christian names of Grower (in block letters)........................

............................................................

Postal address of Grower..........................................

I hereby claim to have my name placed on the roll of apple and pear growers for the State of and I declare:—

(1) That the area of each kind of fruit at present cultivated by me is:—

Apples ........................acres. Pears ….......................................acres.


(2) That I am *the occupier/ one of the occupiers of an orchard situated at........... from which the following quantities of apples and/or pears were exported to countries outside the Commonwealth during the years ended 30th June, 192  , and 30th June, 192  , respectively:—

Kind of Fruit.

Quantity Exported (Bushel Cases).

Year ended 30th June, 192  .

Year ended 30th June, 192  .

Apples

 

 

Pears

 

 

Total

 

 

(3) That the statements made in this claim are true and correct in every particular.

Signature of Grower..............

(in own handwriting)

Dated the......................day of……………………192……

 

I, the undersigned, being an elector, or person qualified to be an elector, of the Commonwealth or of a State, hereby certify—

(a) That I have satisfied myself as to the identity of the grower;

(b) That I have seen the grower sign the declaration in his, the grower’s, own handwriting; and

(c) That I either know the statements contained in the declaration to be true and correct, or have satisfied myself, by inquiry from the grower or otherwise, that the statements contained in the declaration are true and correct.

(Penalty on witness for failure to fully comply with these requirements—£50.)

Personal signature of witness...............................................................

(in own handwriting)

Occupation.........................,

Place of living......................

Dated the......................day of…………………192……

*Strike out the words which are inapplicable.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Fresh Fruits Overseas Marketing Act 1927 was enacted to address the need for an organised and effective system for the marketing of fresh fruits overseas, particularly apples and pears, by creating a board responsible for overseeing the marketing efforts and ensuring they were conducted in an efficient and orderly manner. The Act was passed by the Parliament of Australia, with the objective of providing a structured approach to the export of fresh fruits, enhancing the reputation of Australian produce on the international market, and ensuring fair practices among growers. The accompanying legislative instrument, Fresh Fruits Overseas Marketing (Preparation of Rolls) Regulations 1927, was made under the authority of the Act to provide further detail on the electoral process for selecting members to the Fresh Fruits Overseas Marketing Board, ensuring that eligible growers could participate in the governance of the marketing activities.

Scope and Application

The Fresh Fruits Overseas Marketing (Preparation of Rolls) Regulations, made under the Fresh Fruits Overseas Marketing Act 1927, apply to the preparation of rolls for growers who are eligible to vote in the poll and election processes stipulated by the Act. Specifically, these Regulations pertain to growers who occupy orchards from which a minimum of one hundred bushel cases of apples and/or pears were exported during the years ending June 30, 192_ and June 30, 192_. The Secretary to the Department of Markets and Migration is responsible for preparing these rolls for each State, which serve as conclusive evidence of a grower's right to vote. The Regulations establish the process for growers to claim enrolment, requiring them to submit a claim form by a date specified in the Gazette. The claim must be witnessed by an elector or a person qualified to be an elector of the Commonwealth or a State, who must verify the identity of the grower and the accuracy of the statements made. Failure to comply with the regulations can result in penalties of up to fifty pounds. These Regulations thus establish a formal and regulated process for the participation of eligible growers in the decision-making mechanisms related to the marketing of fresh fruits overseas.

Key Provisions

The Fresh Fruits Overseas Marketing (Preparation of Rolls) Regulations, 1927, under the Fresh Fruits Overseas Marketing Act 1927, are designed to establish the framework for preparing rolls of growers who are eligible to vote in polls and elections related to the Act. Section 3 mandates that the Secretary must prepare a roll for each state of growers entitled to vote. This roll must be certified by the Secretary and will serve as the official record for determining voting rights in both the poll and the election. Section 4 specifies that a grower is eligible to vote only if their name appears on this roll, which can only be achieved by submitting a valid enrolment claim. The enrolment claims must be made in accordance with the prescribed form, which is detailed in the Schedule to the Regulations, and must be submitted by a date notified by the Minister. These Regulations impose specific obligations on growers and witnesses to ensure the integrity of the enrolment process. Under Section 4(1), a grower must submit a claim for enrolment in the correct form to be eligible to vote. Section 5 mandates that this claim must be witnessed by an elector or a qualified elector. Section 6 requires the witness to confirm that they have seen the grower sign the enrolment claim. Furthermore, Section 7 stipulates that the witness must verify the identity of the grower and ensure the truthfulness of the statements made in the claim before signing as a witness. Failure to comply with the requirements set out in these Regulations can result in significant consequences. Section 8 provides that any person convicted of an offence against these Regulations is liable to a penalty not exceeding Fifty pounds. This penalty serves as a deterrent to ensure adherence to the stipulated procedures and accuracy in the claims and witnessing processes. The strict adherence to these provisions is crucial to maintain the legitimacy of the voting process for growers under the Act.

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