AGRICULTURAL PRODUCTS (REGULATION OF EXPORT) ACT, 1933

AN ACT TO PROVIDE FOR REGULATING AND CONTROLLING THE EXPORT FROM SAORSTÁT EIREANN OF AGRICULTURAL PRODUCTS TO ANY COUNTRY WHICH ESTABLISHES A SYSTEM OF RESTRICTION OR CONTROL OF THE IMPORT OF SUCH AGRICULTURAL PRODUCTS INTO THAT COUNTRY FROM SAORSTÁT EIREANN AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3rd August, 1933.]

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

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Agriculture;

the expression “agricultural product” includes any product of agriculture or horticulture and any article of food or drink wholly or partly manufactured or derived from any such product, and fleeces and skins of animals but does not include intoxicating liquor.

2 Power to regulate and control export of agricultural products.

2.—(1) If any country to which any agricultural product is usually exported from Saorstát Eireann establishes any system of restriction or control of the import of that agricultural product into that country from Saorstát Eireann the Minister may by order (in this Act referred to as an export order) regulate and control the export of that agricultural product to that country from Saorstát Eireann in such manner as appears to him to be calculated to secure for exporters from Saorstát Eireann the maximum benefit permitted by the said system of restriction and control so established by such country and in particular may, without prejudice to the generality of the foregoing provision, by such order provide for all or any of the following matters, that is to say:—

• (a) for the registration of persons engaged in exporting such product to such country;

• (b) for the control and restriction of the export of such product to such country from Saorstát Eireann;

• (c) for requiring registered persons to export to such country during any specified period or periods a specified quantity of such product not exceeding the quantity such persons respectively undertake to export during such period or periods;

• (d) for regulating and controlling any alternative export to such country which may for the time being be permitted;

• (e) for securing the making of returns;

• (f) for making specified infringements of such order offences punishable on summary conviction and fixing the penalties for such offences.

• (2) The Minister may by order revoke or amend an order previously made under this section.

• (3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

3 Powers of the Minister to purchase, export and sell agricultural products.

3.—(1) Whenever an export order regulating and controlling the export of any agricultural product to a particular country is in force, the Minister after consultation with the Minister for Finance may, if he considers it desirable in the public interest so to do, from time to time purchase, sell and export to such country such quantities of such product as he thinks fit.

• (2) Any moneys received on any sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

• (3) The Minister may in any export order provide that where he incurs expense under this section by reason or in consequence of the failure of any person to do any specified thing which such person is authorised or required by or under such order to do, the Minister may recover such expense from such person as a simple contract debt and the Minister may by such order provide that a certificate of the Minister shall be conclusive evidence of the incurring of such expense and of the amount of such expense.

• (4) Any moneys recovered by the Minister under the immediately preceding sub-section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

4 Customs provisions.

4.—(1) Any officer of Customs and Excise may detain and seize any agricultural product being or attempted to be exported in contravention of an export order and for that purpose may open any packet containing or suspected by him of containing any such agricultural product and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to any agricultural product seized under this section in like manner as if it had been seized under that Act.

• (2) The provisions, relating to the control and restriction of the export of any agricultural product, contained in an export order shall have effect as though those provisions were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any agricultural product the export of which is prohibited by such order is exported in contravention of such order or is brought to any quay or other place for the purpose of being so exported or is waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of that Act for illegally importing prohibited goods.

5 Consultative Councils.

5.—(1) The Minister shall, whenever and so often as he thinks fit with the consent of the Minister for Finance and after consultation with such bodies and persons as he may consider most representative of the several interests concerned, establish by order a consultative council for giving advice and assistance to him in relation to such matters (being matters relating to or concerned with the making, revoking, and amending of export orders) as he may specify in such order.

• (2) A consultative council established under this section shall consist of such persons having experience or special knowledge of the matters on which such council may give advice or assistance to the Minister as the Minister, after such consultation as aforesaid, shall from time to time nominate to be members thereof.

• (3) Every member of a consultative council established under this section shall unless he previously dies or resigns, retain his membership for two years only from the date of his nomination, but shall be eligible for renomination.

• (4) A consultative council established under this section shall meet whenever summoned by the Minister and also on such other occasions as such council shall from time to time determine.

• (5) Payments may be made by the Minister out of moneys provided by the Oireachtas, to members of a consultative council established under this section or of a committee thereof, to such extent as may be sanctioned by the Minister for Finance, in respect of repayment of travelling expenses and payment of subsistence allowance.

6 Expenses.

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

7 Short title.

7.—This Act may be cited as the Agricultural Products (Regulation of Export) Act, 1933.