No. 10/1941:

DAIRY PRODUCE (AMENDMENT) ACT, 1941

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Managers of cream-separating stations.

3 Exception from obligation imposed by section 9 of the Principal Act.

4 Extension of sections 9, 10 and 11 of the Principal Act and certain orders and regulations.

5 Amendment of section 16 of the Principal Act.

6 Fees on butter produced in or exported from registered premises.

7 Application of section 34 of and Third Schedule to the Principal Act in relation to the year 1939.

8 Regulations.

9 Short title and citation.

AN ACT TO AMEND AND EXTEND THE DAIRY PRODUCE ACTS, 1924 TO 1937, AND TO PROVIDE FOR THE PAYMENT OF FEES IN RESPECT OF BUTTER PRODUCED IN OR EXPORTED FROM CERTAIN PREMISES REGISTERED UNDER THOSE ACTS.

[3rd June, 1941.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Principal Act" means the Dairy Produce Act, 1924 (No. 58 of 1924);

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

the expression "authorised body" means a central marketing organisation operating under rules approved, whether before or after the passing of this Act, by the Minister under the Dairy Produce (Price Stabilisation) Act, 1935 (No. 21 of 1935);

the word "prescribed" means, except in section 5, prescribed by regulations made under this Act.

(2) Save as provided by the immediately preceding sub-section of this section every word and expression to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Act the meaning so given.

2.—(1) All matters relating to the separation of cream in premises registered in the register of cream-separating stations shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner.

(2) For the purposes of this section a person shall be deemed to be duly qualified for a position as manager only if—

( a ) he has satisfied the Minister that he is qualified for such position, or

( b ) he possesses a certificate issued by the Minister of qualification for such position generally.

(3) The Minister may at any time cancel the registration of any premises registered in the register of cream-separating stations if he is satisfied that there has been in respect of such premises a failure to comply with the requirements of this section.

(4) Before cancelling under this section the registration of any premises, the Minister shall give at least one fortnight's notice in writing of his intention so to cancel such registration to the registered proprietor, and shall consider any representations made before the expiration of such notice by such proprietor, and may if he thinks fit cause an inquiry to be held in relation to the matter.

3.—(1) Section 9 of the Principal Act shall be construed and have effect as if it excepted every authorised body from the obligation imposed by sub-section (1) of that section of exporting butter only from the premises mentioned in the said sub-section (1).

(2) This section shall have and be deemed always to have had effect as on and from the 1st day of October, 1939.

4.—(1) In this section the expression "the provisions as to export of butter" means sections 9, 10, and 11 of the Principal Act and every order and regulation made, whether before or after the passing of this Act, for the purposes of section 9 or section 11 of the Principal Act.

(2) The provisions as to export of butter shall apply in relation to butter sent or proposed to be sent from premises registered in the register of creameries on sale to an authorised body in like manner as they apply in relation to butter exported or proposed to be exported from such premises.

5.—Section 16 of the Principal Act is hereby amended by the insertion at the end of sub-section (1) thereof of the following paragraph, that is to say:—

"( k ) whenever after the 1st day of April, 1941, any person is appointed to the position of assistant-manager of the premises or to the position, whatever is its title (if any), the duties of which justify the holder being regarded as an assistant-manager of the premises, such person shall be duly qualified for such position, and the prescribed particulars of such appointment shall be notified to the Minister in the prescribed manner."

6.—(1) In this section the expression "year to which this section applies" means the year 1940 or any subsequent year.

(2) There shall be paid to the Minister in respect of every year to which this section applies by the registered proprietor of every premises registered in the register of creameries or the register of manufacturing exporters a fee of one half-penny on each complete twenty-eight pounds of the quantity of butter, ascertained in the prescribed manner, produced in such premises during such year.

(3) There shall be paid to the Minister in respect of every year to which this section applies by the registered proprietor of every premises registered in the register of butter factories a fee of one penny on each complete twenty-eight pounds of the quantity of butter, ascertained in the prescribed manner, exported from such premises during such year.

(4) There shall be paid to the Minister in respect of every year to which this section applies by the registered proprietor of every premises registered in the register of non-manufacturing exporters, a fee of one penny, on each complete twenty-eight pounds of the quantity of butter (other than creamery butter), ascertained in the prescribed manner, exported from such premises during such year.

(5) The part of a year being a year in which the registration of any registered premises is first completed, which is subsequent to such completion shall itself be regarded as a year for the purposes of the application in relation to such premises of this section.

(6) Every fee under this section shall become due on the 1st day of January and shall be paid before the 17th day of March on the year next following that in respect of which it is payable.

(7) Every registered proprietor of premises registered in the register of creameries, the register of manufacturing exporters, the register of butter factories, or the register of non-manufacturing exporters shall make for the purposes of this section such returns, to such persons, at such times, and in such forms as may be prescribed.

(8) If any registered proprietor by whom a fee under this section is payable fails to pay such fee before the 17th day of March in the year next following that in respect of which it is payable, the registration of the relevant registered premises shall be cancelled by virtue of this section as on and from such 17th day of March.

(9) Where the registration of any registered premises is cancelled by virtue of this section and the fee, the non-payment of which cause such cancellation, is paid within three months after such cancellation, the Minister may restore such premises to the register as on and from the date on which such fee is so paid.

(10) In the case of fees payable under this section in respect of the year 1940, the reference in sub-section (6) of this section to the 1st day of January shall be construed as a reference to the 1st day of June and the references in that sub-section and in sub-section (8) of this section to the 17th day of March shall each be construed as a reference to the 30th day of June.

(11) All fees payable under this section shall be collected and taken in such manner as the Minister for Finance from time to time directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

(12) The Public Offices Fees Act, 1879, shall not apply in respect of any fee payable under this section.

(13) Sub-sections (2) to (10) of section 34 of the Principal Act and the second and third entries in the Third Schedule to the Principal Act shall not apply in respect of any year to which this section applies.

7.—For the purposes of the application of section 34 of the Principal Act and the Third Schedule to that Act in relation to the year 1939, the following provisions shall have effect, that is to say:—

( a ) all butter which was purchased by an authorised body between the 1st day of October, 1939, and the 31st day of December, 1939, and which was exported by such body shall be deemed to have been butter exported from the premises from which it was sent on sale to such body, and

( b ) any difference between the amount of any annual fee paid before the passing of this Act in respect of the year 1939 and the amount of such fee proper to be paid having regard to the provisions of this section shall be paid to the Minister before the 30th day of June, 1941, and, if not so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

8.—The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

9.—This Act may be cited as the Dairy Produce (Amendment) Act, 1941 , and the Dairy Produce Acts, 1924 to 1937, and this Act may be cited together as the Dairy Produce Acts, 1924 to 1941.