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AGRICULTURAL PRODUCE (CEREALS) ACT, 1938
[GA] | ||
[GA] |
Chapter II. Restriction on Importation of Wheat, Maize and Certain Feeding Stuffs. | |
[GA] |
Restriction on importation of wheat. |
15. —(1) It shall not be lawful for any person to import wheat unless— |
[GA] | (a) (i) such person is a registered wheat importer, and | |
[GA] | (ii) such wheat is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act, or | |
[GA] | (b) such person is the Minister for Industry and Commerce, or | |
[GA] | (c) such wheat is imported under and in accordance with a permit in that behalf granted by the Minister under this section. | |
[GA] | (2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the second Schedule to this Act. | |
[GA] | (3) Where the Minister is satisfied that any wheat is intended solely for sale or use as seed, he may by permit authorise any person, who is not a registered wheat importer, to import such wheat. | |
[GA] | (4) Where the Minister issues a permit under this section he may attach to such permit any one or more of the following conditions, that is to say:— | |
[GA] | (a) a condition that the wheat to which such permit relates shall be imported within a specified period, | |
[GA] | (b) a condition that such wheat shall be imported from a specified country, | |
[GA] | (c) a condition that such wheat shall be the produce of a specified country, | |
[GA] | (d) a condition that such wheat shall be imported at a specified port or place or by a specified route, | |
[GA] | (e) a condition that such wheat shall not be imported in more than a specified number of consignments, | |
[GA] | (f) such other conditions as he thinks fit. | |
[GA] |
Restriction on importation of maize. |
16. —(1) It shall not be lawful for any person to import any maize unless— |
[GA] | (a) such person is a registered maize importer, and | |
[GA] | (b) such maize is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act. | |
[GA] | (2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act. | |
[GA] |
Restriction on importation of oats, hay and straw. |
17. —(1) Subject to the provisions of this section, it shall not be lawful for any person to import any oats, hay or straw (excluding hay or straw used as a packing material and imported with the goods for the packing of which it is used) unless under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act. |
[GA] | (2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act. | |
[GA] | (3) Nothing in this section shall be construed as rendering it lawful to import any hay or straw used as packing material, the importation of which is prohibited by any order made under the Diseases of Animals (Ireland) Acts, 1894 to 1935. | |
[GA] |
Exempted feeding stuffs. |
18. —(1) Each of the following articles shall be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act, that is to say:— |
[GA] | (a) subject to the operation of an order made by the Minister under sub-section (2) of this section, any article specified in the Third Schedule to this Act, | |
[GA] | (b) any article declared by an order made by the Minister under sub-section (3) of this section and for the time being in force to be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act. | |
[GA] | (2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any article specified in the Third Schedule to this Act shall cease to be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act and upon the coming into force of such order such article shall, so long as such order remains in force, cease to be an exempted feeding stuff for the said purposes. | |
[GA] | (3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that (as the Minister thinks proper and specifies in such order) either a particular article or an article of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper) shall be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act. | |
[GA] | (4) The Minister may by order under this sub-section revoke any order made by him under this section. | |
[GA] |
Scheduled feeding stuffs. |
19. —(1) Each of the following articles shall be a scheduled feeding stuff for the purposes of this Part of this Act, that is to say:— |
[GA] | (a) subject to the operation of an order made by the Minister under sub-section (2) of this section, any article specified in the Fourth Schedule to this Act, | |
[GA] | (b) any article declared by an order made by the Minister under sub-section (3) of this section and for the time being in force to be a scheduled feeding stuff for the purposes of this Part of this Act. | |
[GA] | (2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any article specified in the Fourth Schedule to this Act shall cease to be a scheduled feeding stuff for the purposes of this Part of this Act and upon the coming into force of such order such article shall so long as such order remains in force cease to be a scheduled feeding stuff for the said purposes. | |
[GA] | (3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that (as the Minister thinks proper and specifies in such order) either a particular article or an article of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper) shall be a scheduled feeding stuff for the purposes of this Part of this Act. | |
[GA] | (4) The Minister may by order under this sub-section revoke any order made by him under this section. | |
[GA] |
Restriction on importation of scheduled feeding stuffs. |
20. —(1) Subject to the provisions of this section, it shall not be lawful for any person to import any article to which this section applies unless under and in accordance with a licence granted by the Minister under this Part of this Act. |
[GA] | (2) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any article to which this section applies of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper), and whenever any such order is made then so long as such order is in force the said sub-section (1) shall have effect in accordance with the terms of such order. | |
[GA] | (3) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any article to which this section applies and in respect of which the following conditions are complied with, that is to say:— | |
[GA] | (a) that such article is imported by land from Northern Ireland, | |
[GA] | (b) that the person so importing such article satisfies the Revenue Commissioners that such article is not imported for re-sale and is being imported solely for the use of such person's own live stock or of the live stock on any farm or premises controlled or managed by him or on which he is employed, and | |
[GA] | (c) that such person complies with such conditions (if any) as the Revenue Commissioners may see fit to impose, | |
[GA] | and whenever any such order is made then, so long as such order is in force, the said sub-section (1) shall have effect in accordance with the terms of such order. | |
[GA] | (4) The Minister may by order under this sub-section revoke any order made under sub-section (2) or sub-section (3) of this section. | |
[GA] | (5) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction to the penalties mentioned in the Second Schedule to this Act. | |
[GA] | (6) This section applies to each of the following articles, that is to say:— | |
[GA] | (a) any scheduled feeding stuff, and | |
[GA] | (b) any substance (not being an exempted feeding stuff for the purposes of the Fourth Schedule to this Act) used in the preparation of any scheduled feeding stuff. | |
[GA] |
Import licences under Chapter II of Part III. |
21. —(1) The Minister may, for the purposes of this Act, do all or any of the following things, that is to say:— |
[GA] | (a) grant to a registered wheat importer a licence to import a specified quantity of wheat, | |
[GA] | (b) grant to a registered maize importer a licence to import a specified quantity of maize, | |
[GA] | (c) grant to any person a licence to import a specified quantity of oats, hay, straw, or any scheduled feeding stuff. | |
[GA] | (2) Whenever the Minister issues a licence under this section, he may attach to such licence any one or more of the following conditions, that is to say:— | |
[GA] | (a) a condition that the article to which such licence relates shall be imported within a specified period, | |
[GA] | (b) a condition that such article shall be imported from a specified country, | |
[GA] | (c) a condition that such article has been manufactured or produced in a specified country, | |
[GA] | (d) a condition that such article shall be imported at a specified port or place or by a specified route, | |
[GA] | (e) a condition that such article shall not be imported in more than a specified number of consignments, | |
[GA] | (f) such other conditions as he thinks fit. | |
[GA] | (3) Whenever the Minister attaches any conditions to a licence under this section he shall specify such conditions in such licence. | |
[GA] | (4) The Minister may at any time revoke any licence granted by him under this section. | |
[GA] | (5) Where an application is made by a registered wheat importer for a licence under this section to import wheat, the Minister shall before refusing the application consult with the Minister for Industry and Commerce. | |
[GA] |
Export of articles imported in contravention of Part III. |
22. —(1) Where any articles are imported in contravention of this Part of this Act an officer of Customs and Excise may require any person (being the importer or the carrier concerned) to export such articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of fifty pounds. |
[GA] | (2) An offence under this section may be prosecuted by the Revenue Commissioners, |