EGG EXPORT CONTROL.

No. 76 of 1947.

An Act relating to the Export of Eggs.

[Assented to 11th December, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Egg Export Control Act 1947.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Definitions.

3. In this Act, unless the contrary intention appears:—

“eggs” means hen eggs in shell and includes the following products of hen eggs, namely, liquid whole egg, liquid egg white, liquid egg yolk, dried whole egg, sugared dried egg and dried egg white;

“producer” means a person defined by any State Act as a producer of eggs;

“the Board” means the Australian Egg Board constituted by this Act;

“the Chairman” means the Chairman of the Board;

“the Fund” means the Egg Export Fund established under this Act.

Repeal.

4. The National Security (Egg Industry) Regulations are repealed.

Australian Egg Board.

5.—(1.) For the purposes of this Act, there shall be an Australian Egg Board.

(2.) The Board shall consist of—

(a) one member from each of the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania to represent the producers in each of those States;

(b) two members with commercial experience;

(c) one member to represent employees engaged in the handling, grading and processing of eggs; and

(d) one member to represent the Commonwealth Government.

(3.) The members of the Board, other than the members elected by producers, shall be appointed by the Governor-General in accordance with the provisions of this section.

(4.) The members representing producers shall, wherever practicable, be elected by the producers in such manner as is prescribed.

(5.) Where, in respect of a State, it is not, in the opinion of the Minister, practicable to hold an election of producers, the member representing producers in that State shall, wherever practicable, be a person selected after consultation by the Minister with representatives of producer organizations in that State.

(6.) No person shall be eligible for election or appointment as a member of the Board to represent producers, or to continue as such a member, unless he is a producer.

(7.) The member representing employees engaged in the handling, grading and processing of eggs shall, wherever practicable, be a person selected after consultation by the Minister with representatives of the appropriate trade union or trade unions.

(8.) The member appointed to represent the Commonwealth Government shall be Chairman of the Board and shall hold office for such period as the Governor-General directs, but the Governor-General may, on the recommendation of the Minister, remove the Chairman from his office for incapacity, incompetence or misbehaviour.

(9.) Members of the Board, other than the Chairman, shall hold office for a period of three years and shall be eligible for re-appointment or re-election.

(10.) A member of the Board, not being the Chairman, may be removed from office by the Governor-General on the recommendation of the Board.

(11.) On the occurrence of a vacancy in the membership of the Board, the Governor-General may appoint a person to fill the vacancy and any person so appointed, other than the Chairman, shall hold office for the residue of the term of the member whose place became vacant.

(12.) Where a person whose place has become vacant represented the producers in a State, the person appointed to fill the vacancy shall be a person recommended by the Board.

(13.) The exercise of the powers and functions of the Board shall not be affected by reason only of there being a vacancy in the membership of the Board.

Incorporation of Board.

6.—(1.) The Board shall be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.

(2.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document and shall presume that it was duly affixed.

Deputies of Members of the Board.

7.—(1.) In the event of the absence (through illness or otherwise) of a member of the Board, the Governor-General may appoint a person to be the deputy of that member, and, during the absence of the member, the person so appointed shall have and may exercise and perform all the powers and functions of a member of the Board, and, if the member is a member of any committee of the Board, the powers and functions of a member of that committee.

(2.) Where the member who is absent represents the producers in a State, the person appointed to be the deputy of that member shall be a person recommended by the Board.

(3.) An appointment of a deputy of a member, and any act done by him as such, shall not be questioned in any proceedings on the ground that the occasion for his appointment had not arisen or had ceased.

Fees, salaries and expenses.

8.—(1.) Subject to the next succeeding sub-section, members of the Board and of any committee of the Board, and the deputies of any such members while acting as such, shall be entitled to receive fees, salaries and expenses at such rates as are prescribed in respect of attendance at meetings or whilst engaged on such business of the Board as the Board determines.

(2.) If a member or his deputy is also a member of the Parliament of the Commonwealth or of a State, he shall not be entitled to receive any fees or salary, but shall be entitled to be reimbursed such expenses as he actually incurs by reason of that attendance or whilst engaged on that business.

Meetings of the Board.

9.—(1.) Subject to this section, meetings of the Board shall be held at such times, and at such places within the Commonwealth, as the Board from time to time determines.

(2.) The Chairman may at any time call a special meeting of the Board.

(3.) At all meetings of the Board six members shall form a quorum.

(4.) The Chairman shall preside at all meetings of the Board at which he is present.

(5.) At any meeting of the Board at which the Chairman is not present, the members present shall appoint one of their number to preside at that meeting.

(6.) At any meeting of the Board the person presiding at that meeting shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

(7.) All questions before the Board shall be decided by a majority of votes.

(8.) If the Chairman or other person presiding at any meeting of the Board dissents from any decision of the Board at that meeting and signifies at that meeting to the other members present in person his intention to bring his dissent to the notice of the Minister and, within twenty-four hours after the close of the meeting, transmits to the Minister notice of his dissent together with full particulars of the decision, the decision shall have no effect unless the Minister approves the decision (whether with or without variation) and, if the Minister approves the decision subject to a variation, the varied decision as so approved shall be deemed to be the decision of the Board.

(9.) The Board shall keep a record of its proceedings.

(10.) A person may, at the request of the Chairman of the Board, attend and take part in the proceedings of a meeting of the Board, but shall not be entitled to vote or be counted in any quorum.

(11.) A person to whom the last preceding sub-section applies shall be paid, in respect of his services, fees and allowances at such rates as the Minister determines.

Executive Committee of Board.

10.—(1.) There shall be an Executive Committee of the Board consisting of the Chairman and four other members of the Board, who shall be elected by the Board at its first meeting and thereafter in the month of July in each year and shall, subject to this section, hold office for a period of twelve months from the date of their election.

(2.) Not less than two members of the Executive Committee shall be representative of producers and one member shall be representative of employees engaged in the handling, grading and processing of eggs.

(3.) The Executive Committee shall have such powers and functions of the Board as the Minister, upon the recommendation of the Board, approves, but the Board may at any time exercise any of its powers and functions which the Executive Committee is empowered under this section to exercise.

(4.) At any meeting of the Executive Committee three members shall form a quorum.

(5.) The Chairman shall preside at all meetings of the Executive Committee at which he is present, and, in the event of the absence of the Chairman from any meeting, the members present at the meeting may elect one of their number to preside at that meeting.

(6.) At any meeting of the Executive Committee the person presiding at the meeting shall have a deliberative vote and, in the event of any equality of votes, shall also have a casting vote.

(7.) All questions before a meeting of the Executive Committee shall be decided by a majority of votes.

(8.) In the event of a vacancy occurring in the Executive Committee, the Board may elect one of its members to hold the vacant office for the residue of the term for which the member whose office is vacant was elected.

(9.) The Executive Committee may co-opt any member of the Board to attend such meetings of the Executive Committee as the Committee determines.

(10.) Any member who is co-opted in pursuance of the last preceding sub-section shall act in an advisory capacity only, but shall be entitled to receive such fees and expenses as are payable under this Act to a member of a committee.

Overseas representation.

11.—(1.) The Board may appoint a person or persons approved by the Minister to represent the Board overseas.

(2.) The representative or representatives of the Board overseas shall hold office on such terms and conditions as the Board determines.

Appointment of officers and employees.

12.—(1.) The Board may appoint such officers and employees as are necessary to assist the Board in exercising its powers and functions under this Act.

(2.) Officers and employees appointed in pursuance of this section shall not be subject to the Commonwealth Public Service Act 1922–1947 and shall hold office during the pleasure of the Board.

(3.) The salaries and conditions of employment of officers and employees appointed in pursuance of this section shall be as prescribed.

(4.) Where an officer or employee appointed in pursuance of this section was, immediately before his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee of the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928–1940 shall apply as if this Act and section were specified in the Schedule to that Act.

Powers of Board.

13. In addition to any other powers which are conferred by this Act, the Board shall have power—

(a) to make recommendations to the Minister in relation to the making of regulations for the purpose of regulating the export of eggs from Australia;

(b) to make reports and suggestions to the Minister on such matters as the quality, standards and grading of eggs to be exported from Australia;

(c) to advise or to make recommendations to the Minister regarding matters arising in connexion with any export programmes relating to eggs which the Board considers it necessary to observe from time to time;

(d) with the concurrence of the Minister, to make arrangements, either on its own behalf or in collaboration with any other Board or authority, for any experiment, act or thing which, in the opinion of the Board, is likely to lead to the improvement of the quality of, or the prevention of deterioration before or during transport from Australia, of eggs produced in Australia or to promote the sale overseas of such eggs; and

(e) on behalf of the Commonwealth and subject to any directions of the Minister—

(i) to purchase eggs which are intended for export and comply with the conditions and restrictions with which eggs intended for export are required to comply; and

(ii) to manage and control all matters connected with the handling, storage, protection, treatment, transfer and shipment of, and to sell, eggs purchased in accordance with the last preceding sub-paragraph.

Control of export of eggs.

14.—(1.) For the purpose of enabling the Board effectively to control the export and distribution after export of Australian eggs, the Governor-General may make regulations prohibiting the export from the Commonwealth of any eggs except by persons who hold licences issued by the Minister or by a person thereto authorized in writing by the Minister, and subject to such conditions and restrictions as are prescribed after recommendation to the Minister by the Board.

(2.) A person who exports eggs from the Commonwealth in contravention of the regulations made in pursuance of this section (including the prescribed conditions and restrictions) shall be guilty of an offence.

Penalty: Five hundred pounds.

(3.) Where the Minister is satisfied, on report by the Board, that a person, to whom a licence under this section has been granted, has contravened or failed to comply with the prescribed conditions and restrictions, the Minister may cancel the licence.

Contracts relating to shipment and insurance of eggs.

15.—(1.) After such date as is notified in the Gazette by the Minister on the recommendation of the Board, a contract for—

(a) the carriage of eggs by sea to any place overseas; or

(b) the insurance of eggs to be so carried against loss or deterioration whilst awaiting transport or in transit or until disposed of,

shall not be made except by the Board acting as the agent of the owners of the eggs, or of other persons having authority to export the eggs, or in conformity with conditions approved by the Board.

(2.) Every contract of the kind specified in the last preceding sub-section which is made otherwise than in accordance with this section shall be void.

(3.) The Collector or other officer of Customs may require a person who, after the date notified by the Minister in pursuance of this section, exports any eggs from the Commonwealth, on making entry thereof under the Customs Act 1901–1936 and before the entry has been passed, to satisfy him that the contract for the carriage of the eggs has been approved by the Board, and the Collector or other officer of Customs may decline to pass the entry until the person has so satisfied him.

(4.) This section shall apply, with the necessary modifications, to contracts made before the date notified in the Gazette in pursuance of sub-section (1.) of this section (whether made before or after the commencement of this Act) in like manner as it applies to contracts made after that date, but the approval of the Board shall not be required for any such contract if the eggs to which it relates are exported from Australia not later than the first day of January, One thousand nine hundred and forty-eight.

Operation of Customs Act and Commerce (Trade Descriptions) Act not affected.

16. Nothing in this Act or the regulations shall affect the operation of the Customs Act 1901–1936, of the Commerce (Trade Descriptions) Act 1905–1933, or of any regulations made under either or both of those Acts.

Finance.

17.—(1.) The Board shall open and maintain with the Commonwealth Bank of Australia an account or accounts into which shall be paid—

(a) all moneys received in the exercise of the powers and functions of the Board under this Act;

(b) all moneys appropriated by the Parliament for use by the Board on behalf of the Commonwealth; and

(c) all moneys advanced by the Treasurer to the Board for the purpose of the exercise of the powers and functions of the Board under this Act.

(2.) The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use by the Board on behalf of the Commonwealth for the purposes of this Act and may guarantee to the Bank the repayment, out of moneys made available by the Parliament, of any advances made by the Bank in pursuance of the arrangement.

Egg Export Fund.

18.—(1.) There shall be an Egg Export Fund, into which shall be paid, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, all moneys received by the prescribed officers under the Egg Export Charges Act 1947.

(2.) Where any account referred to in section seventeen of this Act is opened, payment into that account of the moneys mentioned in the last preceding sub-section shall be held to be payment into the Fund.

(3.) Income derived from the investment of the Fund shall form part thereof.

(4.) The income of the Fund shall not be subject to taxation by the Commonwealth or a State.

Application of moneys paid into accounts.

19. The moneys paid into any account or accounts opened by the Board in pursuance of section seventeen of this Act or into the Fund shall be applied by the Board in payment of the expenses and other charges incurred by the Board or for which the Board may become liable in the course of its business and, in particular—

(a) in payment for purchases of eggs;

(b) in payment of the prescribed salaries and allowances of officers of the Board;

(c) in payment of travelling allowances, fees, salaries or other remuneration to members of the Board or of the representative or representatives of the Board overseas;

(d) in repayment to the Commonwealth of any moneys advanced to the Board;

(e) in investment in any securities of, or guaranteed by, the Government of the Commonwealth or of a State; and

(f) in payment of any costs or expenses incurred in connexion with any experiment, act or thing undertaken or done in pursuance of any arrangement made by the Board under the powers conferred by paragraph (d) of section thirteen of this Act.

Power to call for returns.

20.—(1.) The Board may, by notice in writing served upon a person, require that person to furnish, within such time as is specified by the Board, such returns and information in relation to the egg industry or to eggs owned by him or under his control as are necessary for the purposes of carrying out this Act.

(2.) Any person who, being required in pursuance of this section to furnish any return or information in relation to any matter within his knowledge or under his control, fails to furnish the return or information within the time specified shall be guilty of an offence.

Penalty: One hundred pounds.

Audit.

21. The accounts of the Board shall be subject to inspection and audit by the Auditor-General for the Commonwealth.

Indemnity.

22. The members of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board.

Annual report.

23.—(1.) The Board shall, not later than the thirtieth day of September in each year, report to the Minister generally as to the operation of the Act.

(2.) A copy of the report of the Board shall be laid before each House of the Parliament within seven sitting days of that House after its receipt by the Minister.

(3.) The report shall be accompanied by a statement by the Minister as to the operation of the Act.

Regulations.

24. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding Fifty pounds for any breach of the regulations other than a breach for which a penalty is prescribed by this Act.