1
Citation
- These Regulations may be cited as the Dried Fruits (Inter‑State Trade) Regulations.
Repeal.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations implement the Dried Fruits Act by requiring owners and carriers to hold licences to move dried fruit interstate, imposing marking, monthly reporting and security obligations, and giving prescribed authorities inspection, seizure and enforcement powers. They affect dried‑fruit owners, transporters and the State Dried Fruits Boards (and some Customs collectors), because licensees must provide returns (Form C), lodge security, export a Minister‑fixed percentage of stock and face fines or imprisonment for non‑compliance.
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Direct links to the current provisions in Dried Fruits (Interstate Trade) Regulations.
Repeal.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears—
“carrier’s licence” means a licence issued under regulation 8;
“licence” means a carrier licence, or an owner’s licence, as the case may be;
“licensee” means a person to whom a carrier’s licence, or an owner’s licence, as the case may be, has been issued;
“owner” means any person who owns, or has in his possession or custody, any dried fruits intended for delivery to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made;
“owner’s licence” means a licence issued under regulation 6;
“prescribed authority” means an authority prescribed by regulation 4;
“security” means a security given for compliance with the terms and conditions of a licence;
“the Act” means the Dried Fruits Act 1928‑1933;
“the Minister” mean the Minister of State for Commerce.
(2.) In these Regulations, unless the contrary intention appears, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations, and any reference to a regulation shall be read as a reference to a regulation contained in these Regulations.
479.—Price 3d.
Prescribed authorities.
Application for owner’s licence.
(a) shall be in accordance with Form A;
(b) shall be made to the prescribed authority in the State beyond which the dried fruits are to be carried; and
(c) shall be supported by such information as that prescribed authority requires.
Owner’s licence.
(a) for the period commencing with the date on which the licence is issued and ending on the thirty‑first day of December of the year in which the licence is issued; and
(b) upon the following terms and conditions—
(i) That the licensee shall, within seven days after the end of each calendar months furnish to the prescribed authority which issued his licence a return in accordance with Form C.
(ii) That the licensee shall export from Australia during the period for which his licence has been issued, and during such further period as a prescribed authority considers necessary, such percentage of the dried fruits produced in Australia during any specified year which come into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:
Provided that, in the calculation of the percentage of dried fruits to be exported by the licensee, there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried fruits which have been taken into account in applying the percentage in respect of any other licensee.
(iii) That the licensee shall, whenever so required by a prescribed authority, give to that prescribed authority, within such time as that prescribed authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That the licensee shall number consecutively each consignment of dried fruits intended for delivery to any person for carriage into or through another State to a place in Australia beyond the
State in which the delivery is made, and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dried fruits—
(a) the number of the consignment;
(b) the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and
(c) the number of his licence and the year on the last day of which the licence expires.
(v) That the licensee shall, if so required by a prescribed authority, furnish or produce to that prescribed authority, within such period as that prescribed authority fixes, his licence, and such documents relating to any dried fruits in his possession or custody as that prescribed authority specifies.
Application for carrier’s licence,
(a) shall be in accordance with Form D;
(b) shall be made to the prescribed authority in the State in which it is intended that the carriage shall begin; and
(c) shall be supported by such information as that prescribed authority requires.
Carrier’s licence.
(a) for the period commencing with the date on which the licence is issued and ending on the thirty‑first day of December of the year in which the licence is issued; and
(b) upon the condition that the licensee shall not accept from any person delivery of any dried fruits for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence.
Security need not be sealed.
Effect of security.
10.—(1.) Whenever any security is put in suit by a prescribed authority, the production thereof shall, without further proof, entitle the prescribed authority to judgment against the defendants appearing to have executed the same for their respective stated liabilities, unless the defendants prove that—
(a) the conditions of the security have been complied with;
(b) the security was not in fact executed by them;
(c) the prescribed authority has discharged the defendants from all liability under or in respect of the security;
(d) the defendants have already paid the amount of the security to the prescribed authority; or
(e) the security has been otherwise satisfied.
(2.) Any amount recovered in respect of a security shall be paid into the Consolidated Revenue Fund of the Commonwealth.
Security not subject to stamp duty.
Insufficiency of securities.
Prescribed authority may enter and inspect places where dried fruits are produced, open packages and take samples.
(a) enter any place where any process in connexion with the drying of fruits is carried on, or where, dried fruits are, or are believed by a prescribed authority to be;
(b) open any packages which the prescribed authority or officer reasonably suspects to contain dried fruits which have been, or are in process of being, carried in contravention of the Act or these Regulations; and
(c) take samples of any dried fruits referred to in this regulation.
Obstructing or hindering officers.
Fruit delivered for distillation stock feed, or for destruction &c.
(a) delivered to a winery or distillery;
(b) used as feed for stock;
(c) destroyed; or
(d) used in any manner which, in the opinion of the prescribed authority, prevents such dried fruits from being used for human consumption, such dried fruits shall, for the purposes of these Regulations, be deemed to have been exported from Australia.
Maximum quantity of dried fruits which may be carried without licence.
Seizure of forfeited dried fruits.
17.—(1.) A prescribed authority, or a person authorized by a prescribed authority, may seize any dried fruits which are forfeited to the King in pursuance of the Act.
(2.) When any dried fruits have been seized as forfeited, the person affecting the seizure shall give notice thereof in accordance with Form G to the owner of the dried fruits, either by delivering the notice to him personally or by transmitting the notice by post as a letter addressed to the owner’s last known place of abode or business.
(3.) All dried fruits seized as forfeited shall be deemed to be condemned and may be sold forthwith by a prescribed authority. The proceeds of any such sale shall be paid into the Consolidated Revenue Fund of the Commonwealth.
Incorrect applications or returns.
Offences.
19.—(1.) Any person who fails to comply with, or contravenes, any of these Regulations, and any licensee who fails to comply with, or contravenes, any term or condition of a licence, shall be guilty of an offence.
(2.) In any prosecution for an offence against these Regulations the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.
Strict compliance with forms not required.
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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1934. No. 40.
______
REGULATIONS UNDER THE DRIED FRUITS ACT 1928‑1938.
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 Dried Fruits Act 1928‑1933.
Dated this fourth day of April, 1934.
ISAAC A. ISAACS
Governor‑General.
By His Excellency’s Command,
FRED H. STEWART
Minister of State for Commerce.
____
Dried Fruits (Inter‑state trade) Regulations.
Citation.
Repeal.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears—
“carrier’s licence” means a licence issued under regulation 8;
“licence” means a carrier licence, or an owner’s licence, as the case may be;
“licensee” means a person to whom a carrier’s licence, or an owner’s licence, as the case may be, has been issued;
“owner” means any person who owns, or has in his possession or custody, any dried fruits intended for delivery to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made;
“owner’s licence” means a licence issued under regulation 6;
“prescribed authority” means an authority prescribed by regulation 4;
“security” means a security given for compliance with the terms and conditions of a licence;
“the Act” means the Dried Fruits Act 1928‑1933;
“the Minister” mean the Minister of State for Commerce.
(2.) In these Regulations, unless the contrary intention appears, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations, and any reference to a regulation shall be read as a reference to a regulation contained in these Regulations.
479.—Price 3d.
Prescribed authorities.
Application for owner’s licence.
(a) shall be in accordance with Form A;
(b) shall be made to the prescribed authority in the State beyond which the dried fruits are to be carried; and
(c) shall be supported by such information as that prescribed authority requires.
Owner’s licence.
(a) for the period commencing with the date on which the licence is issued and ending on the thirty‑first day of December of the year in which the licence is issued; and
(b) upon the following terms and conditions—
(i) That the licensee shall, within seven days after the end of each calendar months furnish to the prescribed authority which issued his licence a return in accordance with Form C.
(ii) That the licensee shall export from Australia during the period for which his licence has been issued, and during such further period as a prescribed authority considers necessary, such percentage of the dried fruits produced in Australia during any specified year which come into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:
Provided that, in the calculation of the percentage of dried fruits to be exported by the licensee, there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried fruits which have been taken into account in applying the percentage in respect of any other licensee.
(iii) That the licensee shall, whenever so required by a prescribed authority, give to that prescribed authority, within such time as that prescribed authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That the licensee shall number consecutively each consignment of dried fruits intended for delivery to any person for carriage into or through another State to a place in Australia beyond the
State in which the delivery is made, and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dried fruits—
(a) the number of the consignment;
(b) the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and
(c) the number of his licence and the year on the last day of which the licence expires.
(v) That the licensee shall, if so required by a prescribed authority, furnish or produce to that prescribed authority, within such period as that prescribed authority fixes, his licence, and such documents relating to any dried fruits in his possession or custody as that prescribed authority specifies.
Application for carrier’s licence,
(a) shall be in accordance with Form D;
(b) shall be made to the prescribed authority in the State in which it is intended that the carriage shall begin; and
(c) shall be supported by such information as that prescribed authority requires.
Carrier’s licence.
(a) for the period commencing with the date on which the licence is issued and ending on the thirty‑first day of December of the year in which the licence is issued; and
(b) upon the condition that the licensee shall not accept from any person delivery of any dried fruits for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence.
Security need not be sealed.
Effect of security.
10.—(1.) Whenever any security is put in suit by a prescribed authority, the production thereof shall, without further proof, entitle the prescribed authority to judgment against the defendants appearing to have executed the same for their respective stated liabilities, unless the defendants prove that—
(a) the conditions of the security have been complied with;
(b) the security was not in fact executed by them;
(c) the prescribed authority has discharged the defendants from all liability under or in respect of the security;
(d) the defendants have already paid the amount of the security to the prescribed authority; or
(e) the security has been otherwise satisfied.
(2.) Any amount recovered in respect of a security shall be paid into the Consolidated Revenue Fund of the Commonwealth.
Security not subject to stamp duty.
Insufficiency of securities.
Prescribed authority may enter and inspect places where dried fruits are produced, open packages and take samples.
(a) enter any place where any process in connexion with the drying of fruits is carried on, or where, dried fruits are, or are believed by a prescribed authority to be;
(b) open any packages which the prescribed authority or officer reasonably suspects to contain dried fruits which have been, or are in process of being, carried in contravention of the Act or these Regulations; and
(c) take samples of any dried fruits referred to in this regulation.
Obstructing or hindering officers.
Penalty: Fifty pounds or imprisonment for six months.
Fruit delivered for distillation stock feed, or for destruction &c.
(a) delivered to a winery or distillery;
(b) used as feed for stock;
(c) destroyed; or
(d) used in any manner which, in the opinion of the prescribed authority, prevents such dried fruits from being used for human consumption, such dried fruits shall, for the purposes of these Regulations, be deemed to have been exported from Australia.
Maximum quantity of dried fruits which may be carried without licence.
Seizure of forfeited dried fruits.
17.—(1.) A prescribed authority, or a person authorized by a prescribed authority, may seize any dried fruits which are forfeited to the King in pursuance of the Act.
(2.) When any dried fruits have been seized as forfeited, the person affecting the seizure shall give notice thereof in accordance with Form G to the owner of the dried fruits, either by delivering the notice to him personally or by transmitting the notice by post as a letter addressed to the owner’s last known place of abode or business.
(3.) All dried fruits seized as forfeited shall be deemed to be condemned and may be sold forthwith by a prescribed authority. The proceeds of any such sale shall be paid into the Consolidated Revenue Fund of the Commonwealth.
Incorrect applications or returns.
Penalty: Fifty pounds or imprisonment for six months.
Offences.
19.—(1.) Any person who fails to comply with, or contravenes, any of these Regulations, and any licensee who fails to comply with, or contravenes, any term or condition of a licence, shall be guilty of an offence.
Penalty: Fifty pounds or imprisonment for six months.
(2.) In any prosecution for an offence against these Regulations the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.
Strict compliance with forms not required.
__________
THE SCHEDULE.
______
Form A. Reg. 5.
Commonwealth of Australia.
Dried Fruits Act 1928‑1933.
Dried Fruits (Inter‑State Trade) Regulations.
APPLICATION FOR AN OWNER’S LICENCE TO TRADE INTER‑STATE
_____
The Secretary,
Dried Fruits Board,
.......................
..........................
Here insert full name and address and occupation of applicant
Strike out words which are inapplicable.
I, (1)...................................................................
of.........................................................................
hereby apply for a licence to deliver the following dried fruits:—
| *Currants | *Apricots |
|---|---|
| *Sultanas | *Peaches |
| *Lexias | *Pears |
| *Prunes | *Nectarines. |
Here insert the State from which the dried fruits are to be carried.
Here insert the State or States to which the dried fruits are to be carried
for carriage from (2)...........................................................
to (3)......................................................................
Dated this ...............................................................
day of……………………………………………………………………………………………., 19 .
.......................................
(Signature of applicant.)
_____
Commonwealth of Australia.
Dried Fruits Act 1928‑1933.
Dried Fruits (Inter‑State Trade) Regulations.
OWNER’S LICENCE TO TRADE INTER‑STATE IN DRIED FRUITS.
_____
IN PURSUANCE of the Dried Fruits Act 1928‑1933 and the Dried Fruits (Inter‑State Trade) Regulations, the Dried Fruits Board of the State of ................, a Prescribed Authority under the Dried Fruits Act 1928‑1933, hereby grants to...........................of...........................an owner’s licence for the period’ commencing on................................ 19 , and ending on 31st December, 19 , permitting him to deliver the following dried fruits:—
........................................................................
........................................................................
........................................................................
for carriage from the State of..................................................to
the State(s) of..............................................................
upon the following terms and conditions:—
(i) That the licensee shall, within seven days after the end of each calendar month, furnish to the prescribed authority which issued his licence a return in accordance with Form C.
(ii) That the licensee shall export from Australia during the period for which his licence has been issued, and during such further period as a prescribed authority considers necessary, such percentage of the dried fruits produced in Australia during any specified year which come into the possession or custody of the licensee as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette.
Provided that in the calculation of the percentage of dried fruits to be exported by the licensee, there shall be excepted from the dried fruits coming into the possession or custody of the licensee any dried‑fruits which have been taken into account in applying the percentage in respect of any other licensee.
(iii) That the licensee shall, whenever so required by a prescribed authority, give to that prescribed authority, within such time as that prescribed authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That the licensee shall number consecutively each consignment of dried fruits intended for delivery to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dried fruits—
(a) the number of the consignment;
(b) the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and
(c) the number of his licence and the year on the last day of which the licence
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