STATUTORY RULES.

1934. No. 87.

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REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924.

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 Dairy Produce Export Control Act 1924.

Dated this twenty-fifth day of July, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce.

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Amendment of Dairy Produce Export Control (Licences)

Regulations.

(Statutory Rules 1925, No. 124, as amended to this date.)

1. Regulation 4 of the Dairy Produce Export Control (Licences) Regulations is repealed and the following regulation inserted in its stead:—

Licence to export dairy produce.

“4. A licence shall be in accordance with Form A in the Schedule to these Regulations.”.

The Schedule.

2. The Schedule to the Dairy Produce Export Control (Licences) Regulations is amended by omitting Form A and inserting in its stead the following Form:—

“Form A.

No. of Licence Reg. 4.

Commonwealth of Australia.

Dairy Produce Export Control Act 1924.

LICENCE TO EXPORT DAIRY PRODUCE.

In pursuance of section 15 of the Dairy Produce Export Control Act 1924, I,  , Minister of State for Commerce, do hereby grant to                                          of                                          a licence to export dairy produce from the Commonwealth during, the period commencing on                            193 and ending on                            193               on the following terms and conditions:—

(1) That the licensce shall within seven days after the shipment of any dairy produce furnish a return in duplicate to the Dairy Produce Control Board—

(a) in the case of butter exported on consignment—in accordance with Form B* in the Schedule to the Dairy Produce Export Control (Licences) Regulations;

 

* Forms B, C, D, and E may be obtained from the Secretary, Dairy Produce Control Board Aberdeen House, 628 Collins-street, Melbourne, and the Collector of Customs is the capital city in each State, with the exception of Victoria.

Notified in the Commonwealth Gazette on 25th July, 1934.

2862.—Price 3d.


(b) in the case of cheese exported on consignment in accordance with Form C* in the Schedule, to the Dairy Produce Export Control (Licences) Regulations;

(c) in the case of butter exported and sold f.o.b. or c.i.f. or c.i.f. &e.— in accordance with Form D* in the Schedule to this Dairy Produce Export Control (Licences) Regulations; and

(d) In the case of cheese exported and sold f.o.b. or c.i.f. or c.i.f, &e.—in accordance with Form E* in the Schedule to the Dairy Produce Export Control (Licences) Regulation.

(2) That the licensce, in the case of dairy produce shipped on consignment, shall—

(a) notify the Board;

(b) in the case of dairy produce shipped to the United Kingdom, arrange for his agent or distributor in the United Kingdom to advise the London Agency of the Dairy Produce Control Board, within seven days after the sale has been effected, of the gross price, per hundredweight at which each grade of each shipment of dairy produce is sold; and

(c) in the case of dairy produce shipped to Canada or the United States of America, advise the Dairy Produce Control Board, within sixty days after the sale has been effected, of the gross price per hundredweight at which each grade of each shipment of dairy produce is sold.

(3) That the licensee shall insure each shipment of dairy produce with such company or companies as the Dairy Produce Control Board determines;

(4) That the licensce shall ship all dairy produce through such shipping companies as the Dairy Produce Control Board determines.

(5) That the licensce shall sell all dairy produce through such agents as the Dairy Produce Control Board determines.

(6) That the licensee shall withhold from shipment such proportion of dairy produce as the Dairy Produce Control Board determines.

(7) That the licensce, in the case of dairy produce shipped to Canada or the United States of America, shall also—

(a) ship all dairy produce to such persons, firms, or companies as the Dairy Produce Control Board determines;

(b) ship all dairy produce by such steamer or steamers as the Dairy Produce Control Board determines;

(c) apply to the Dairy Produce Control Board for the steamer space required for all shipments of dairy produce;

(d) permit the Dairy Produce Control Board, in its discretion, to allocate such steamer space; and

(e) permit the Dairy Produce Control Board, in its discretion, to fix the terms and conditions upon which dairy produce shall be sold.

(8) That the licensce shall not enter into any contract or agreement for this sale of butter f.o.b. or c.i.f or c.i.f. & e. for shipment to the United Kingdom unless—

(a) the butter has previously been delivered to an appointed place for, examination and marking in accordance with the Commerce (Export Dairy Produce) Regulations, provided, however, that in case the licensee shall enter into a contract or agreement, for the sale of butter as aforesaid before the butter, the subject of such contract or agreement, has been delivered to an appointed place, the licensee shall not be deemed to have committed a breach of this paragraph of this condition if the butter, the subject of such contract or agreement, is delivered to the appointed place for examination and marking as aforesaid, within fourteen days after the date upon which the licensee enters into such contract or agreement; and;

 

*Forms B, C, D, and E may be obtained from the Secretary, Dairy Produce Control Board Aberdeen House, 528 Collins-street, Melbourne, and the Collector of Customs in the capital city in such state, with the exception of Victoria.


(b) the price fixed under the contract or agreement is not less than such price as is for the time being determined by the Dairy Produce Control Board upon the basis of the price ruling in London after taking into account such rates of commissions and other charges and allowances as are for the time being fixed by this Dairy Produce Control Board as reasonable.

(9). That the licences shall comply with such other conditions or restrictions (including amendments of any conditions) as are prescribed after this licence is granted.

Dated this day of 193

Minister of State for Commerce.

N.B.—Section 15 (3.) of the Dairy Produce Export Control Act 1924, reads— “Where the Minister is satisfied, on report by this Board, that any person to whom a licence under this section has been granted has contravened or failed to comply with any term or condition upon which the licence was granted, the Minister may cancel the licence.”.

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