No. 49/1933:

AGRICULTURAL PRODUCE (CEREALS) (AMENDMENT) ACT, 1933

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title.

2 Commencement.

3 Definitions.

4 Regulations.

5 Expenses.

PART II AMENDMENTS OF THE PRINCIPAL ACT

6 Amendment of section 28 of the Principal Act.

7 Amendment of section 30 of the Principal Act.

8 Amendment of section 71, of the Principal Act.

9 Amendment of section 76 of the Principal Act.

PART III SALE OF HOME-GROWN MILLABLE WHEAT FOR SEED AND LEVY ON HOME-GROWN MILLABLE WHEAT SOLD FOR SEED

10 Further amendment of section 76 of the Principal Act.

11 Grant and revocation of licences.

12 Breach of conditions of licence.

13 Levies in respect of certificated wheat sold for seed.

14 Recovery of levies.

15 Disposition of levies.

AN ACT TO AMEND THE AGRICULTURAL PRODUCE (CEREALS) ACT, 1933 , AND TO PROVIDE FOR THE BETTER CONTROL AND REGULATION OF THE SALE OF WHEAT FOR SEED, FOR THE IMPOSING OF A LEVY ON WHEAT SOLD FOR SEED, AND FOR OTHER MATTERS RELATING TO THE MATTERS AFORESAID.

[15th December, 1933.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Agricultural Produce (Cereals) (Amendment) Act, 1933 .

2.—(1) This Act (except Part III thereof) shall come into operation immediately upon the passing thereof.

(2) Part III of this Act shall come into operation on the 16th day of December, 1933.

3.—(1) In this Act—

the expression "the Principal Act" means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933);

the expression "the Minister" means the Minister for Agriculture;

the expression "sale (home-grown wheat) certificate," "milling licence," "registered wheat dealer," "registered distiller," "cereal year," "sale (wheat) season," "ascertained average price per barrel of home-grown wheat" and "standard price per barrel" have the meanings respectively assigned to them by the Principal Act;

the expression "certificated wheat" means wheat in respect of which a sale (home-grown wheat) certificate has been made.

(2) Each of the following persons shall be an excepted person for the purposes of this Act, that is to say:—

( a ) the holder of a milling licence;

( b ) a registered wheat dealer;

( c ) a registered distiller;

( d ) the Minister for Industry and Commerce;

( e ) a person to whom certificated wheat is sold under and in accordance with a licence granted by the Minister under section 76 of The Principal Act.

(3) Each of the following periods in every cereal year shall be a levy period for the purposes of this Act, that is to say:—

( a ) in respect of the cereal year ending on the 31st day of July, 1934—

(i) the period commencing on the 16th day of December, 1933, and ending on the 15th day of April, 1934,

(ii) the period commencing on the 16th day of April, 1934, and ending on the 31st day of July, 1934;

( b ) in respect of every other cereal year—

(i) the period commencing on the 1st day of August and ending on the 15th day of December in such cereal year,

(ii) the period commencing on the 16th day of December and ending on the 15th day of April in such cereal year,

(iii) the period commencing on the 16th day of April and ending on the 31st day of July in such cereal year.

4.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

5.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.

PART II AMENDMENTS OF THE PRINCIPAL ACT

6.—Sub-section (3) of section 28 of The Principal Act is hereby amended by the insertion therein of the words "unless the quota for such mill in respect of such period or year does not exceed one thousand barrels of wheat or" before the words "unless he satisfies the Court" now contained therein in the said sub-section, and the said sub-section shall be construed and have effect accordingly.

7.—Sub-section (1) of section 30 of The Principal Act is hereby amended by the deletion of the words "a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of such quota" now contained therein and the insertion therein in lieu of the words so deleted of the words, "in case the quota for such mill in respect of such period or year exceeds one thousand barrels of wheat, a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of such quota or, in case the quota for such mill in respect of such period or year does not exceed one thousand barrels of wheat and the amount of wheat milled at such mill in such period or year exceeds one thousand barrels of wheat, a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of one thousand barrels of wheat" and the said section shall be construed and have effect accordingly.

8.—Where—

( a ) wheat was sown on any premises during the period of twelve months ending on the 31st day of August, 1933, and

( b ) the person by whom such wheat was sown or the personal representative or liquidate of such person or the assignee from such person of such premises is registered before the 16th day of December, 1933, in the register of wheat growers in respect of such premises,

such person shall for the purposes of section 71 of The Principal Act be deemed to have been registered under The Principal Act in the register of wheat growers in respect of such premises during the period of three months before the 1st day of August, 1933.

9.—Sub-section (1) of section 76 of The Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

( a ) by the insertion therein of the words "or otherwise dispose of" after the words "to sell" now contained therein; and

( b ) by the insertion in paragraph (b) of the said sub-section of the words "or otherwise disposed of" after the word "sold" now contained therein.

PART III SALE OF HOME-GROWN MILLABLE WHEAT FOR SEED AND LEVY ON HOME-GROWN MILLABLE WHEAT SOLD FOR SEED

10.—(1) Notwithstanding anything in sub-section (1) of section 76 of The Principal Act, as amended by this Act, it shall be lawful for the holder of a milling licence or a registered wheat dealer to sell certificated wheat to a person, who is not an excepted person, if such holder or dealer is the holder of a licence (in this Act referred to as a sale (wheat seed) licence) granted by the Minister under this Act and such wheat is sold under and in accordance with such licence, and the said section 76 shall be construed and have effect accordingly.

(2) The following provisions of The Principal Act, that is to say, paragraph (c)of sub-section (1) of section 76, and sub-section (3) of section 76, are hereby repealed.

11.—(1) The Minister may, if he so thinks it expedient, grant to the holder of a milling licence or a registered wheat dealer a sale (wheat seed) licence.

(2) Every sale (wheat seed) licence shall be expressed and operate to authorise the licensee to sell certificated wheat subject however to the following conditions, that is to say:—

( a ) that such wheat shall not be sold to a person, who is not an excepted person, unless at the time of such sale the purchaser signs and delivers to the licensee an undertaking (in this sub-section referred to as a purchaser's undertaking) in writing in the prescribed form to use such wheat for seed and no other purpose;

( b ) that the licensee shall not sell such wheat to a person, who is not an excepted person, at a price less than, in case such sale takes place during a sale (wheat) season, the standard price for such season or, in case such sale takes place between two sale (wheat) seasons, the standard price for the later of such seasons;

( c ) that the licensee shall keep the following records of every sale of such wheat to a person, who is not an excepted person, that is to say, the name and address of the purchaser, the date of sale, the quantity of such wheat sold, and price paid therefor;

( d ) that the licensee shall, on demand made at any reasonable time by an inspector produce to such inspector such records and any purchasers' undertakings delivered to the licensee under paragraph (a)of this sub-section and not sent to the Minister, and permit such inspector to inspect such records and undertakings;

( e ) that the licensee shall within one month after the expiration of every levy period send to the Minister—

(i) any purchasers' undertakings delivered to him during such period, and

(ii) a return showing, the quantity of such wheat sold by him during such levy period to persons who are not excepted persons, the name and address of each purchaser, and the price paid by such purchaser;

( f ) such other conditions (including a condition as to the duration of the licence) as the Minister thinks fit.

(3) The Minister may at any time revoke a sale (wheat seed) licence.

(4) In this section the word "inspector" means a person authorised in writing by the Minister to exercise the powers conferred on an inspector by this section.

12.—If a person who is the holder of a sale (wheat seed) licence fails, neglects, or refuses to comply with any condition of such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding twenty-five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding fifty pounds.

13.—If in any sale (wheat) season, the average ascertained average price per barrel of home grown wheat for that season is less than the standard price per barrel for that season, there shall, not less than one month after the publication, in the Iris Oifigiúil, pursuant to section 70 of The Principal Act, of such ascertained average price, be paid to the Minister—

( a ) in case such sale (wheat) season is the sale (wheat) season ending on the 15th day of December, 1933, by every person who is the holder of a milling licence or a registered wheat dealer, in respect of every stone of certificated wheat (other than certificated wheat sold to excepted persons) sold (whether before or after the passing of this Act) by him during such sale (wheat) season, a levy of an amount equal to one-twentieth of the difference between such ascertained average price and such standard price;

( b ) in any other case, by every holder of a sale (wheat seed) licence, in respect of every stone of certificated wheat (other than certificated wheat sold to excepted person) sold by him during the levy period which is or includes such sale (wheat) season, a levy of an amount equal to one-twentieth of the difference between such ascertained average price and such standard price.

14.—(1) Every levy required by this Part of this Act to be paid by any person to the Minister shall be a debt due and payable by such person to the Minister, and in case such levy or any part thereof remains unpaid after the last date specified in this Part of this Act for the payment of such levy, such levy or part may be recovered from such person by the Minister as a simple contract debt in a court of competent jurisdiction.

(2) In any proceedings under this section to recover the amount of a levy or part of a levy from any person a certificate under the seal of the Minister certifying that such amount is due by such person shall be prima facie evidence of the facts so certified.

15.—All moneys paid to or recovered by the Minister under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.