STATUTORY RULES.

1961. No. 127.

REGULATIONS UNDER THE MEAT EXPORT CONTROL ACT 1935-1960.*

WHEREAS it is desirable to repeal the Regulations in force under the Meat Export Control Act 1935-1960 and to make other provision in their stead:

And whereas it is enacted by sub-section (1.) of section seventeen of the Meat Export Control Act 1935-1960 that, for the purpose of enabling the Australian Meat Board effectively to control the export of Australian meat, meat products and edible offal, the Governor-General may make regulations prohibiting the export from the Commonwealth of any meat, meat products or edible offal except by persons who hold licences issued by the Minister or by any person thereto authorized in writing by the Minister, and in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Board:

And whereas the provisions of the Regulations set forth hereunder, in so far as they prohibit the export from the Commonwealth of any meat, meat products and edible offal except in accordance with certain conditions and restrictions, are in accordance with recommendations made by the Australian Meat Board to the Minister:

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 Meat Export Control Act 1935-1960.

Dated this thirteenth day of October, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(sgd.) C. F. ADERMANN

Minister of State for Primary Industry.

MEAT EXPORT CONTROL (LICENCES) REGULATIONS.

Citation.

1. These Regulations may he cited as the Meat Export Control (Licences) Regulations.

Repeal and saving.

2.—(1.) The Meat Export Control (Licences) Regulations (comprising Statutory Rules 1936, Nos. 84, 91 and 145; Statutory Rules 1949, No 109; and Statutory Rules 1953, No. 74) are repealed.

* Notified in the Commonwealth Gazette on 17th October, 1961.

3210/61.—PRICE 8D 10/8.9.1961.

(2.) Every licence issued, direction given and request made under the Regulations repealed by the last preceding sub-regulation and in force and subsisting immediately before the commencement of these Regulations shall be deemed to have been issued, given or made, as the case may be, under these Regulations.

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 appointed by the Board for that purpose;

“export” means export from the Commonwealth;

“licence” means a licence referred to in paragraph (a) of regulation 4 of these Regulations;

“licensee” means the holder of a licence;

“the Act” means the Meat Export Control Act 1935-1960;

“the Chief Executive Officer” means the person employed by the Board as the Chief Executive Officer of the Board, and includes a person for the time being acting as Chief Executive Officer of the Board.

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

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

Regulation of export.

4. The export of meat, meat products or edible offal is prohibited—

(a) except by persons who hold licences issued by the Minister or by a person authorized in writing by the Minister; and

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

Application for licence.

5. An application for a licence to export meat, meat products and edible offal—

(a) shall be in accordance with Form 1;

(b) shall be lodged with the Chief Executive Officer; and

(c) shall be supported by such information as the Chief Executive Officer requires.

Licence to export meat, &c.

6.—(1.) A licence—

(a) shall be in accordance with Form 2; and

(b) shall remain in force for the period specified in the licence.

(2.) A licence may authorize the export of—

(a) meat, meat products and edible offal to all destinations;

(b) meat, meat products and edible offal to islands in the South Pacific Ocean only; or

(c) processed meats to all destinations.

(3.) In this regulation, “processed meats” means canned meats, small-goods made from or containing meat, bacon, ham, ready-cooked meats, tripe and other meat that has been subjected to processing in order that it may be exported, but does not include boneless meat or cuts prepared for sale by wholesale or retail.

Licensee to comply with other Regs.

7. A licensee shall not export meat, meat products or edible offal unless he has complied with the Exports (Meat) Regulations and the Customs (Prohibited Exports) Regulations in so far as those Regulations are applicable to him.

Permit to export meat, &c.

8. A licensee shall not export meat, meat products or edible offal—

(a) except in accordance with the directions (if any) of the Board with respect to the quantities and kinds of meat, meat, meat products or edible offal that may be exported by the licensee generally, to particular places or to particular purchasers, agents or representatives; and

(b) where any such directions are given—

 (i) unless he obtains from the Board a permit in accordance with Form 3; and

(ii) except in accordance with that permit.

Slaughter and treatment of stock on a weight and grade basis.

9. A licensee shall, where an owner of stock so requests, slaughter and treat stock, or cause stock to be slaughtered and treated, on account of the owner on a weight and grade basis for submission for export, at the rates and on the conditions specified from time to time by, the Board by notice in writing to the licensee.

Shipment through approved shipping companies.

10. A licensee shall not ship meat, meat products or edible offal except through such shipping companies as the Board from time to time determines.

Meat for export to be of agreed quality, &c.

11. A licensee who has agreed to export meat shall not, in purported performance of the agreement, export any meat that is not of the quality and description that the agreement, expressly or impliedly, requires to be supplied in performance of the agreement.

Returns to be furnished in respect of meat exported.

12.—(1.) A licensee who exports meat, meat products or edible offal on his own behalf or on behalf of a person who is not a licensee, and a licensee on whose behalf meat, meat products or edible offal are exported by another licensee, shall furnish a return in accordance with this regulation.

(2.) The return—

(a) shall be in accordance with—

  (i) in the case of meat, meat products or edible offal exported to a country other than the United Kingdom—Form 4;

 (ii) in the case of beef, veal or edible offal of cattle exported to the United Kingdom—Form 5;

(iii) in the case of mutton or edible offal of sheep exported to the United Kingdom—Form 6;

 (iv) in the case of lamb or edible offal of lambs exported to the United Kingdom—Form 7;

(v) in the case of pigmeat or edible offal of pigs exported to the United Kingdom—Form 8; and

(vi) in the case of meat products, including canned meat, exported to the United Kingdom—Form 9;

(b) shall be signed by the licensee or, if the licensee notifies the Chief Executive Officer in writing that he has authorized another person to sign on his behalf, by the licensee or by the person so authorized; and

(c) shall be furnished—

 (i) in the case of a return in accordance with Form 4 or Form 9—in duplicate; and

(ii) in any other case—in triplicate.

(3.) Where the licensee requests the issue of a certificate in accordance with Form 8 in the Fifth Schedule to the Exports (Meat) Regulations, the licensee shall lodge the return with the veterinary officer-in-charge.

(4.) Where the licensee does not request the issue of the certificate referred to in the last preceding sub-regulation, the licensee shall, immediately after the meat has been loaded on the ship, lodge the return with the Chief Executive Officer or an authorized person.

(5.) In this regulation, “the veterinary officer-in-charge”, in relation to a certificate, means the officer of the Department of Primary Industry holding, or performing the duties of, the office of veterinary officer-in-charge, Department of Primary Industry, in the State in which the certificate is issued.

Licensees not to export on behalf of persons whose licences have been cancelled.

13. A licensee shall not, except with the consent in writing of the Board or an authorized person—

(a) export any meat, meat products or edible offal owned by a person whose licence has been cancelled and to whom a fresh licence has not been issued; or

(b) do anything, either directly or indirectly, to assist such a person to export any meat, meat product or edible offal.

Penalty: Fifty pounds.

Notices.

14. A notice or other document to be given or sent to a licensee by the Board, the Chief Executive Officer or an authorized person may be sent by post to the licensee at his address specified in his licence.

False or misleading statements an offence.

15. A person shall not make a false or misleading statement in an application or return under these Regulations.

Penalty: Fifty pounds.

Evidence in prosecutions.

16. In a prosecution for an offence against these Regulations, the averments of the prosecutor contained in the information or complaint are evidence of the matter or matters averred.

Notification of appointment of authorized person.

17. The appointment by the Board of an authorized person shall be notified in the Gazette.

THE SCHEDULE.

Form 1. Regulation 5.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

APPLICATION FOR LICENCE TO EXPORT MEAT, MEAT PRODUCTS AND EDIBLE OFFAL.

To—

The Chief Executive Officer,

Australian Meat Board.

I [insert full name of applicant] of [insert full address of applicant] apply for a licence to export—

* meat, meat products and edible offal to all destinations;

* meat, meat products and edible offal to islands in the South Pacific Ocean only;

* processed meats to all destinations.

Dated this day of , 19 .

Signature of applicant.

* Strike out whichever is inapplicable.

Form 2. Regulation 6.

Licence No.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

LICENCE TO EXPORT MEAT, MEAT PRODUCTS AND EDIBLE OFFAL.

I, , the Minister of State for Primary Industry (or a person authorized by the Minister of State for Primary Industry to issue licences to export meat, meat products and edible offal), issue to a licence to export—

* meat, meat products and edible offal to all destinations;

* meat, meat products and edible offal to islands in the South Pacific Ocean only;

* processed meats to all destinations,

during the period commencing on the day of , 19 ,

and ending on the day of , 19 , upon

the terms and conditions prescribed by the Meat Export Control (Licences) Regulations.

Dated this     day of     , 19 .

(Signature of Minister or person issuing licence.)

* Strike out whichever is inapplicable.

Form 3. Regulation 8.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

PERMIT TO EXPORT MEAT, MEAT PRODUCTS AND EDIBLE OFFAL.

Licensee of    .

Destination

THE SCHEDULE—continued.

I, , the Chief Executive Officer of the Australian Meat Board (or a person authorized by the Australian Meat Board to issue a permit to export meat, meat products and edible offal), issue a permit to the above-mentioned licensee to export meat, meat products and edible offal in accordance with the foregoing table. The meat is to be shipped by (insert name of exporter) to (insert name of consignee) by (insert name of vessel) leaving (insert name of port) on or about (insert date of departure).

Dated this day of , 19 .

Chief Executive Officer

(or an authorized person).

Form 4. Regulation 12.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

AUSTRALIAN MEAT BOARD.

RETURN OF MEAT EXPORTED TO COUNTRIES OTHER THAN THE UNITED KINGDOM.

Licensee Port of Discharge

Loading Port Vessel

Consignee

* Including Smallgoods, Ready Cooked Meats, &c.

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

Signature of Licensee

Export Permit No. Date

THE SCHEDULE—continued.

Form 5. Regulation 12.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

AUSTRALIAN MEAT BOARD.

RETURN OF BEEF, VEAL AND EDIBLE BEEF AND VEAL OFFAL SHIPPED TO THE UNITED KINGDOM.

Licensee Port of Discharge

Loading Port Vessel

Consignee

THE SCHEDULE—continued.

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

Signature of Licensee

Export Permit No. Date

THE SCHEDULE—continued.

Form 6. Regulation 12.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

AUSTRALIAN MEAT BOARD.

RETURN OF MUTTON AND EDIBLE MUTTON OFFAL SHIPPED TO THE UNITED KINGDOM.

Licensee Port of Discharge

Loading Port Vessel

Consignee

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

Signature of Licensee

Export Permit No. Date

THE SCHEDULE—continued.

Form 7. Regulation 12.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

AUSTRALIAN MEAT BOARD.

RETURN OF LAMB AND EDIBLE LAMB OFFAL SHIPPED TO THE UNITED KINGDOM.

Licensee Port of Discharge

Loading Port Vessel

Consignee

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

Signature of Licensee

Export Permit No. Date

THE SCHEDULE:—continued.

Form 8. Regulation 12.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

AUSTRALIAN MEAT BOARD

RETURN OF PIGMEAT AND EDIBLE PIG OFFAL SHIPPED TO THE UNITED KINGDOM.

Licensee Port of Discharge

Loading Port Vessel

Consignee

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

Signature of Licensee

Export Permit No. Date

THE SCHEDULE—continued.

Form 9. Regulation 12.

COMMONWEALTH OF AUSTRALIA.

Meat Export Control (Licences) Regulations.

AUSTRALIAN MEAT BOARD.

RETURN OF CANNED MEAT AND OTHER MEATS SHIPPED TO THE UNITED KINGDOM.

Licensee Port of Discharge

Loading Port Vessel

Consignee

* “Other Meats” includes Bacon and Ham, Pickled Meat, Smallgoods, &c., but does not include frozen or chilled carcase or piece meat or offals.

† Including Smallgoods, Ready Cooked Meats, &c.

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

Signature of licensee

Export Permit No. Date

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