STATUTORY RULES.

1954. No. 72.

REGULATIONS UNDER THE EGG EXPORT CONTROL ACT 1947-1954.*

WHEREAS by section fourteen of the Egg Export Control Act 1947-1954 it is enacted that, for the purpose of enabling the Australian Egg 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 :

And whereas the Australian Egg Board has recommended to the Minister that the conditions and restrictions applying to the export from the Commonwealth of eggs should be the conditions and restrictions set forth in the following Regulations :

Now therefore 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 Egg Export Control Act 1947-1954.

Dated this  fourth

day of  June , 1954.

W. J. Slim

Governor-General.

By His Excellency’s Command,

 Minister of State for Commerce and Agriculture.

EGG EXPORT CONTROL (LICENCES) REGULATIONS.

Citation.

1. These Regulations may be cited as the Egg Export Control (Licences) Regulations.

Repeal.

2. The Egg Export Control (Licences) Regulations (being Statutory Rules 1948, No. 18) are repealed.

Interpretation.

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

“ authorized person ”, in relation to the exercise of a power or the performance of a duty or function under these Regulations, means a person authorized for that purpose by the Board ;

* Notified in the Commonwealth Gazette on , 1954.

2259.—Price 8d. 9/21.5.1954.

“ authorized price ”, in relation to a sale of eggs, means the minimum price for that sale calculated in accordance with the determination under regulation 9 of these Regulations that is applicable to the sale, or, where that price is expressed in a currency other than that in which the sale is made, the equivalent price in the currency in which the sale is made according to the rate of exchange applicable at the time of the sale ;

“ export ” means export from the Commonwealth ;

“ licence” means a licence to export eggs issued in pursuance of these Regulations ;

“ licensee ” means the holder of a licence ;

“ overseas ” means in a place outside the Commonwealth ;

“ the Act ” means the Egg Export Control Act 1947-1954 ;

“ the Board ” means the Australian Egg Board constituted by the Act and, in relation to a power or function of the Board which the Executive Committee of the Board is authorized to exercise or perform, includes the Executive Committee ;

“ the Secretary ” means the Secretary to the Board, and includes a person for the time being acting as Secretary to the Board.

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

(3.) Strict compliance with a Form in the Schedule to these Regulations is not necessary and substantial compliance is sufficient.

Regulation of export.

4. The export of eggs is prohibited—

(a) except by licensees ; and

(b) except in accordance with the conditions and restrictions prescribed by these Regulations.

Issue of licences.

5.—(1.) The Minister or a person authorized in writing by the Minister to grant licences under these Regulations may, in his discretion, issue or refuse to issue a licence to export eggs.

(2.) A licence granted in pursuance of the last preceding sub-regulation shall, subject to sub-section (3.) of section 14 of the Act, be in force for the period specified in the licence.

Form of licence.

6. A licence to export eggs shall be in accordance with Form A.

Conditions and restrictions.

7.—(1.) A licensee shall not export eggs unless—

(a) any purchaser, agent or representative to or through whom the eggs are shipped is approved by the Board for the purposes of these Regulations ;

(b) the eggs are insured with a person approved by the Board ;

(c) the eggs have been sold before export, or are consigned, upon terms and conditions approved by the Board ;

(d) the export of the eggs is in accordance with any directions of the Board with respect to the quantities of eggs which may be exported by the licensee either generally or to particular places ;

(e) he has, if so required by the Board, given an undertaking to the satisfaction of the Board that he will not, without the consent of the Board—

(i) sell any of the eggs overseas at a price less than the authorized price ;

(ii) enter into a contract or agreement or a variation of a contract or agreement whereby a person is enabled, authorized or permitted to sell any of the eggs overseas at a price less than the authorized price ;

(iii) give an authority, licence, consent or approval to a person to sell any of the eggs overseas at a price less than the authorized price ;

(iv) facilitate, counsel, procure or encourage the sale overseas of any of the eggs at a price less than the authorized price ;

(v) give or allow, or promise or agree to give or allow, in relation to the sale of any of the eggs, any brokerage, rebate, discount, commission, allowance, option or benefit, whether in money, money’s worth, credit, goods or otherwise, that is not provided for in the terms and conditions upon which the eggs have been sold before export, or are consigned, and would have the effect, directly or indirectly, of reducing the price of the eggs to less than the authorized price ; or

(vi) fail or omit to take all reasonable and proper steps to ensure that any agent, representative or consignee of the licensee does not sell any of the eggs overseas at a price less than the authorized price ; and

(f) the licensee has obtained from the Secretary a certificate in accordance with Form C (which certificate has not been revoked) certifying that the export is authorized by the Board, and the export is in accordance with the particulars shown in the certificate.

(2.) Paragraph (f) of the last preceding sub-regulation does not apply in the case of—

(a) the export (other than export to the United Kingdom), on the one ship, of a quantity of eggs in shell not exceeding six hundred dozen in number ; or

(b) the export, on the one ship, for use on the ship as ship’s stores, of a quantity of eggs in shell not exceeding three thousand nine hundred dozen in number.

(3.) A licensee shall not export eggs to the United Kingdom on consignment unless he has given an undertaking to the satisfaction of the Board that—

(a) the sale or other disposal of the eggs will not be completed until the terms of sale or other disposal are approved by the Board ; and

(b) the licensee will comply, or cause the consignee to comply, with any order of the Board in respect of the storage, care and protection of the eggs.

(4.) A licensee shall not ship eggs for export to the United Kingdom except in accordance with such shipping arrangements and allocations as are determined by the Board.

(5.) A licensee shall not export eggs to a country other than the United Kingdom, otherwise than in pursuance of a sale made before the export takes place, unless he has given an undertaking to the satisfaction of the Board that every contract by which any of the eggs are sold or disposed of by him or on his behalf will contain a provision that the person to whom the eggs are sold or disposed of will not tranship or re-export the eggs to the United Kingdom, and that the licensee will take all reasonable steps to enforce that provision.

Certificate of authority to export.

8.—(1.) An application by a licensee for a certificate in accordance with Form C in relation to any eggs proposed to be exported shall be in accordance with Form B and shall be lodged with the Secretary not less than fourteen days before the date of export.

(2.) Where an application is made in accordance with the last preceding sub-regulation, the Secretary may—

(a) if he is satisfied that the proposed export will, if the certificate is granted, be in conformity with these Regulations and with any directions or determinations of the Board—grant the certificate ; or

(b) if he is not so satisfied—refuse to grant the certificate.

(3.) If the Secretary refuses to grant a certificate for which application has been made in accordance with sub-regulation (1.) of this regulation, he shall notify the applicant, in writing, of his reason for so refusing.

(4.) A certificate granted under this regulation may be revoked by the Secretary by notice in writing to the licensee at any time before the export of the eggs to which it relates.

Determination of minimum prices.

9.—(1.) For the purposes of these Regulations, the Board may, from time to time, determine, or determine the manner of calculation of, minimum prices for the sale of eggs to be exported or for the sale overseas of exported eggs.

(2.) A determination under this regulation may make different provision with respect to eggs exported or to be exported to different countries.

Returns and information to be furnished, &c.

10.— (1.) A licensee shall, within seven days after the export of any eggs by him, furnish to the Secretary, in duplicate, a return signed by or on behalf of the licensee in accordance with Form D, Form E or Form F, as the case requires.

(2.) A licensee shall, upon demand in writing by the Secretary or an authorized person, furnish to the Secretary or to the authorized person, as the case may be, such information as is required in relation to the sale, disposal or export, or the intended sale, disposal or export, by the licensee of eggs or in relation to eggs at any time owned by, or in the custody, possession or control of, the licensee.

Penalty : Fifty pounds.

Notices.

11. A notice or other document may, for the purposes of these Regulations, be served on a licensee by post at his address specified in his licence.

False information.

12. A person shall not, for the purposes of these Regulations, make a statement or furnish information which is false or misleading.

Penalty : Fifty pounds.

THE SCHEDULE.

FORM Reg. 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,

(a) Strike out whichever is inapplicable.

(a) the Minister of State for Commerce and Agriculture,

(a) a person authorized by the Minister of State for Commerce and Agriculture to great licences under these 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 .

…………………………

Form B Reg. 8.

Commonwealth of Australia.

Egg Export Control (Licences) Regulations.

APPLICATION FOR AUTHORITY TO EXPORT EGGS.

To—

The Secretary,

Australian Egg Board.

I/We of

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

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.)

Form C

Regs. 7 and 8.

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 under 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              , 19              , and the particulars set out at the foot of this certificate :—

Particulars.

Port of shipment—

Name of vessel—

Port of discharge—

To whom shipped—

Dated this day of , 19    .

Secretary,

Australian Egg Board.

Form D. Reg. 10.

Commonwealth of Australia.

Egg Export Control (Licences) Regulations.

RETURN OF EGGS IN SHELL.

The Secretary,

Australian Egg Board.

Shipment on the “ ” from the port of

Date shipped

I of 

the holder of licence No. *granted for the period from

 19 to 19 to export eggs hereby furnish the following return with respect to egg products exported pursuant to the licence :—

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

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

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

Dated this day of , 19    .

(Signature of Licensee.)

* This information is not required in the case of eggs shipped on behalf of the Australian Egg Board.

Form E. Reg. 10.

COMMONWEALTH OF AUSTRALIA.

Egg Export Control (Licences) Regulations.

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

The Secretary,

Australian Egg Board.

Shipment on the “ ” from the port of

Date shipped .

I of 

the holder of licence No. granted for the period from

 19 to 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 above named vessel pursuant to the licence :—

(b) All tins shipped were packed in

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

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 ”.

† This information is not required in the case of eggs shipped on behalf of the Australian Egg Board.

Form F. Reg. 10.

Commonwealth of Australia.

Egg Export Control (Licences) Regulations.

RETURN OF DRIED EGG PRODUCTS.

The Secretary,

Australian Egg Board.

Shipment on the “ ” from the port of

Date of shipment

I of 

the holder of licence No. granted for the period from

 19 to 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 above named vessel pursuant to the licence :—

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

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

Dated this day of , 19    .

Signature of Licensee.)

* “ Dried whole egg ”, “ sugared dried egg ” or “ dried egg white ”.

† This information is not required in the case of eggs shipped on behalf of the Australian Egg Board.

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