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17 1933

CEMENT ACT, 1933

PART V.

Importation of Cement.

Restriction on importation of cement.

32. —(1) It shall not be lawful for any person to import any cement into Saorstát Eireann unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as an import licence) granted by the Minister under this Part of this Act authorising him to import cement, and

(b) such cement is of the nature and quality specified in such licence, and

(c) such cement does not exceed in quantity the amount specified in such licence, and

(d) such cement is manufactured in the country specified in that behalf in such licence, and

(e) such cement is imported direct from the country specified in that behalf in such licence, and

(f) such cement is imported through the port specified in such licence, and

(g) such cement is imported within the time specified in such licence.

(2) If any person imports into Saorstát Eireann any cement in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding one hundred pounds and, in the case of a second or any subsequent offence, to a fine not exceeding two hundred pounds.

Applications for import licences.

33. —(1) Any person who proposes to import into Saorstát Eireann any cement may apply to the Minister for the grant to him of an import licence to import such cement.

(2) Every application for an import licence shall—

(a) be in the prescribed form;

(b) state the following particulars:—

(i) the nature and quality of the cement proposed to be imported under such licence;

(ii) the quantity of such cement;

(iii) the country in which such cement was manufactured;

(iv) the country from which it is proposed to import such cement;

(v) the port in Saorstát Eireann through which it is proposed that such cement be imported;

(vi) the time within which it is proposed to import such cement;

(vii) such other particulars as may be prescribed.

(3) Every application for an import licence shall be accompanied by a statement in the prescribed form signed by the applicant stating the price of the cement proposed to be imported under such licence, such price being calculated as the price, after deduction of any discounts, rebates or other remissions allowed or agreed to be allowed, on delivery of such cement on the quay side of the port in Saorstát Eireann through which it is proposed to import such cement.

(4) If any statement sent with an application for an import licence in pursuance of the immediately preceding sub-section is false or misleading in any material respect, the person signing such statement shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Grant of import licences.

34. —(1) The Minister may refuse an application for an import licence on any one or more of the following grounds and on no other ground whatsoever, that is to say:—

(a) that the applicant has not complied with the provisions of the immediately preceding section, or

(b) that the applicant has been convicted of an offence under the immediately preceding section, or

(c) that, having regard to the existing stocks of cement in Saorstát Eireann and the quantity (if any) of cement about to be imported under import licences already issued, it is not in his opinion expedient to grant such licence.

(2) Where an application is made to the Minister for the grant of an import licence and such application is not refused, the Minister shall notify the applicant of the amount of the licence fee payable under this Part of this Act in respect of such licence and upon payment by the applicant to him of such fee the Minister shall grant such licence.

Operation of import licences.

35. —Every import licence shall operate and be expressed to authorise the licensee under such licence to import into Saorstát Eireann from the country, through the port, and within the time specified in the application for such licence, cement manufactured in the country specified in that behalf in such application and of the nature and quality and of the amount specified in such application.

Fees in respect of import licences.

36. —(1) There shall be payable in respect of every import licence a fee calculated by reference to the number of tons of cement authorised by such licence to be imported, and at such rate per ton as the Minister may, with the concurrence of the Minister for Finance, fix in respect of such licence.

(2) Where the Minister has in any calendar month granted an import licence to import cement manufactured in a particular country and of a particular nature and quality through a particular port in Saorstát Eireann, and in the same calendar month subsequently grants any other import licence or licences to import cement manufactured in such country and of the like nature and quality through such port the rate per ton fixed in respect of such other import licence or licences shall be the same as that fixed in respect of such first mentioned import licence.

Collections, etc., of fees on import licences.

37. —All fees received by the Minister under this Part of this Act in respect of import licences shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

Revocation of import licences.

38. —(1) The Minister may, on the application of the licensee under an import licence, revoke such licence.

(2) Where the Minister revokes an import licence, he shall repay to the licensee under such licence the fee paid under this Part of this Act in respect of such licence.

Periodical publication of particulars in relation to import licences.

39. —(1) The Minister shall as soon as may be after the expiration of every appointed period publish in the Iris Oifigiúil

(a) in case no import licence has been granted during such period, a notice to that effect; and

(b) in case any import licence or licences has or have been granted during such period, a notice stating in respect of each such licence the following particulars, namely:—

(i) the name and address of the licensee;

(ii) the rate fixed by the Minister for the purpose of the calculation of the fee payable under this Part of this Act in respect of such licence;

(iii) the quantity of cement authorised by such licence to be imported;

(iv) the nature and quality of such cement;

(v) the country in which such cement was manufactured;

(vi) the country from which such cement is authorised by such licence to be imported;

(vii) the port in Saorstát Eireann through which such cement is authorised by such licence to be imported.

(2) Each of the following periods shall be an appointed period for the purposes of this section, that is to say:—

(a) the period commencing on the 1st day of every calendar month and ending on the 15th day of such month;

(b) the period commencing on the 16th day of every calendar month and ending on the last day of such month.

Application of Customs Acts.

40. —Cement prohibited to be imported by virtue of this Part of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.