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16 1938

AGRICULTURAL PRODUCE (CEREALS) ACT, 1938

PART II.

Restriction on Importation of Flour, Wheaten Meal and Wheaten Preparations.

The Minister for purposes of Part II.

7. —In this Part of this Act the expression “the Minister” means the Minister for Industry and Commerce.

Prosecution of offences under Part II.

8. —An offence under any section (other than section 12) contained in this Part of this Act may be prosecuted by the Minister.

Restriction on importation of flour and wheaten meal.

9. —(1) It shall not be lawful for any person to import any flour or wheaten meal unless such flour or wheaten meal is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(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.

Restriction on importation of wheaten preparations.

10. —(1) Subject to the provisions of this section it shall not be lawful for any person to import any commodity in the preparation of which wheat or any product of wheat is used unless—

(a) such commodity is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act, or

(b) such commodity is less than five pounds in weight and ten shillings in value, and it either is imported as private effects in passenger's baggage or is imported by parcels post and shown to the satisfaction of the Revenue Commissioners to have been sent by a person who is not a trader dealing in such commodity and to be intended as a gift for the personal use of the person to whom it is addressed.

(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 particular kind (defined in such manner and by reference to such things as the Minister thinks proper) of any commodity in the preparation of which wheat or any product of wheat is used, 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.

(3) The Minister may by order under this sub-section revoke any order made under sub-section (2) of this section.

(4) 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.

Import licences under Part II.

11. —(1) The Minister may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import any article, the importation of which is declared by any section contained in this Part of this Act to be unlawful unless imported under and in accordance with a licence granted by the Minister under this Part of this Act, either, as the Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time, or in a specified quantity.

(2) The Minister may at any time revoke any licence granted by him under this section.

Export of articles imported in contravention of Part II.

12. —(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.

(2) An offence under this section may be prosecuted by the Revenue Commissioners.