Products Export Act 1908
Products Export Act 1908
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Products Export Act 1908
Products Export Act 1908
Public Act |
1908 No 150 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Inspection of Products intended for Export and to regulate the Exportation thereof.
Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Products Export Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All Orders in Council, appointments, regulations, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(b.)
All matters and proceedings commenced under the said enactments, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
2 Interpretation.
1903, No. 35, sec. 2
In this Act, if not inconsistent with the context,—
“Consignor” means the owner or shipper, whether jointly or severally, of any product; and includes any person authorised by such owner or shipper to ship such product; it also includes in the case of a company the managing director, manager, secretary, or other principal officer of the company in New Zealand:
“Prescribed” means prescribed by regulations under this Act:
“Products” or “product” means grain, hops, hemp, fruit-pulp, apples, pears, and poultry.
3 Power to appoint Inspectors, &c., and stores.
1903, No. 35, sec. 3
(1.)
The Governor may from time to time—
(a.)
Appoint fit and proper persons to be Inspectors, Graders, and other officers for the purposes of this Act; and
(b.)
Appoint fit buildings to be stores for the storage of products prior to export; and
(c.)
Specify the ports within which the provisions of this Act shall be enforced.
(2.)
All meat-export slaughterhouses registered under “The Slaugh-tering and Inspection Act, 1908,”
shall be registered as suitable places for the storage of refrigerated products for export under this Act.
4 Special Inspector or Grader.
Ibid, sec. 4
On the application of the licensee of any such meat-export slaughterhouse the Governor may from time to time appoint such fit person as the licensee recommends to be a Special Inspector or Grader for such slaughterhouse, who shall be under the control of the Minister of Agriculture, and shall be entitled to receive such salary as is agreed upon between the Minister and the licensee; but the salary shall be payable by the licensee, and in no case shall there be any right or claim against His Majesty in respect thereof.
5 No products to be exported until certificate obtained.
Ibid, sec. 5
No product shall be shipped or placed on board any ship for exportation to any place beyond New Zealand unless it bears the prescribed stamp or mark, or the certificate in writing as to quality and condition, signed by the officer duly authorised in that behalf under this Act:
Provided that the Governor may from time to time by Order in Council declare that the provisions of this Act shall not apply to the exportation of any product to any country or place specified in the Order.
6 Fine for breach of Act.
Ibid, sec. 6
Every person is liable to a fine not exceeding twenty-five pounds who directly or indirectly—
(a.)
Exports or attempts to export, or is concerned in exporting, any products in breach of any of the provisions of this Act; or
(b.)
Resists or wilfully obstructs any officer under this Act in the performance of his duty; or
(c.)
Refuses to give information, or gives false information, in answer to any inquiry made by any officer in the performance of his duty under this Act; or
(d.)
Knowingly makes any statement or gives any certificate required by this Act which is false in any material particular; or
(e.)
Alters or obliterates, wholly or partially, or causes to be so altered or obliterated, any Inspector’s mark or brand on any product that has undergone inspection, or on any package containing any such product; or
(f.)
Counterfeits any such mark or brand, or improperly impresses or otherwise marks on any such product or package any mark purporting to be the mark of an Inspector or of the manufacturer or packer of the product, either with the proper marking instruments of the Inspector, manufacturer, or packer, or with counterfeit imitations thereof; or
(g.)
Empties or partially empties any package marked after inspection, in order to put therein any other product of the same or any other kind; or
(h.)
Uses for the purpose of packing any product any old package bearing inspection marks; or
(i.)
Commits any breach of any of the provisions of this Act for which no fine is provided elsewhere than in this section.
7 Regulations
1903, No. 35, sec. 7
The Governor may from time to time, by Order in Council gazetted, make such regulations as he deems necessary for any of the following purposes, that is to say:—
(a.)
The registration and inspection of premises wherein products are treated, manufactured, or prepared for export:
(b.)
The establishment of premises wherein any specified product shall be prepared and graded for export:
(c.)
The registration of marks, stamps, brands, and labels:
(d.)
The inspection of products intended for export:
(e.)
The marking or stamping of products found to be sound, in good condition, and free from disease, and the mode in which such of them as are found to be unsound, in bad condition, or affected or infected with disease shall be disposed of:
(f.)
Prescribing the form of certificate to be given under section five hereof:
(g.)
Prescribing that any specified products intended for export shall be contained in packages, and the nature of such packages:
(h.)
Prescribing the powers, functions, and duties of Inspectors, Graders, Special Inspectors and Graders, and other officers under this Act:
(i.)
Prescribing the manner in which and the conditions subject to which stores shall be used under this Act:
(j.)
Prescribing the matters in respect whereof fees shall be payable under this Act, and fixing the amounts of such fees:
(k.)
Exercising any power or authority conferred upon him by this Act:
(l.)
Any other matter for which regulations are contemplated or required by this Act or which he deems necessary for the efficient administration of this Act or the prevention of the exportation of products that are diseased or unsound:
(m.)
The imposition of fines not exceeding twenty-five pounds for the breach of any regulation.
8 Application of fees and fines.
Expenses of administration. Ibid, sec. 8
All fees received and fines recovered under this Act shall be paid into the Public Account and form part of the Consolidated Fund; and all expenses incurred in the administration of this Act shall be paid out of moneys to be appropriated by Parliament.
Schedule Enactments consolidated
1903, No. 35.—“The Products Export Act, 1903.”
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Products Export Act 1908
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